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F.T.C. v. VERITY INTERN., LTD.

Docket No. 04-5487-CV.

443 F.3d 48 (2006)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. VERITY INTERNATIONAL, LTD., Defendant-Appellant, Automatic Communications, Ltd.; Robert Green, individually and as owner of Verity International, Ltd.; Marilyn Shein, individually and as owner of Verity International, Ltd., Defendants-Third-Party-Plaintiffs-Appellants, Integretel, Inc., a California corporation; Ebillit, Inc., a subsidiary of Integretel, Inc., Defendants, AT & T Corp., Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2006.

Attorney(s) appearing for the Case

Marilyn E. Kerst (William Blumenthal and John F. Daly, on the brief; David M. Torok and Lawrence Hodapp, of counsel), Federal Trade Commission, Washington, DC, for Plaintiff-Appellee.

John J.D. McFerrin-Clancy (Jeffrey M. Eilender, on the brief), Schlam Stone & Dolan, New York, NY, for Defendant-Appellant and Defendants-Third-Party-Plaintiffs-Appellants.

Before: WALKER, Chief Judge, FEINBERG and STRAUB, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

The incessant demand for pornography, some have said, is an engine of technological development. John Tierney, Porn, the Low-Slung Engine of Progress, N.Y. Times, Jan. 9, 1994, § 2 (Arts & Leisure Desk), at 1 (noting as an example new pay-per-call technology). The telephonic system at dispute in this appeal is an example of that phenomenon—it was designed and implemented to ensure that consumers paid charges...

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