Sexually explicit material (video, photography, creative writing) presents sexual content without deliberately obscuring or censoring it. This is in contrast to typical Hollywood movies, where sexual intercourse is often hinted at, or shown with the genitalia covered.
The term is not very specific, and what is or is not sexually explicit varies from culture to culture. Visual exposure of the penis or vagina and surrounding pubic hair are widely considered sexually explicit, unobscured sexual intercourse universally so. Some also consider certain language or writing (authentic reports or fiction) to be sexually explicit.
While some observers often label all sexually explicit material as pornography, this is not generally accepted, as it does not examine the intent behind the material. For example, sexual intercourse may be shown to illustrate principles of safe sex and as such be a component of liberal sex education, or in a film it may be part of a complex story and be viewed to contribute to overall plot development. An explicit rape scene may in fact have the purpose of negative conditioning, and vivid imagery of infected genitalia is often used as part of abstinence-based sex education programs.
The purpose of the notice is to inform recipients that a spam message contains sexually oriented material and to make it easier to filter out messages they do not wish to receive.
Establishing the mark was one of several actions Congress directed the Commission to undertake by enacting the CAN-SPAM Act, which was signed into law on December 16, 2003.
In addition, in response to a comment received from the Department of Justice, the Statement of Basis and Purpose clarifies that the Commission interprets provisions of the CAN-SPAM Act that direct the FTC to prescribe the mark to cover both visual images and written descriptions of sexuallyexplicit conduct.
Despite the increase in spam, Postini noted that sexuallyexplicit email has been reduced by 78 percent since January 2004.
Sexuallyexplicit email, which accounted for 3.2 percent of all spam in January, was down to 0.8 percent in September.
"Although the reasons are unclear for the extreme drop in sexuallyexplicit email since January, it's gratifying to know that the spammers have moved on to less offensive types of spam," said Andrew Lochart, director of product marketing for Postini.