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User posted Nudes
I remember there being a lot of talk about a website's responsibility for 2257 on users who upload their own photos.
What I don't remember is the outcome in opinion or stated facts.
Is the website liable for user uploaded nudes? (And I'm sure there is a comment about well if they are under 18 then yes - but it's assumed, the "theme" is an adult driven niche and all members are over 18)
Examples to site type:
JockBod, xxxtube, any adult social networking website.
I know, at one point, it was said, a forum owner is not in need of the 2257 information for images the users post.
So
Is the same for a social networking site? As long as the profiles and scrubbed for obscenity? Just nude but no sex? Nude but no erection? Only Verified profiles?
What if it's behind a Paid membership and not on a free access board/site/network? Is the site owner now liable to all content because of the age check through membership fee?
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Some forum owners are attempting to use the ISP exclusion, arguing that they are a service provider who does not have anything to do with content and therefore exempt from having to mess with 2257 issues.
Personally, I think that's a bogus argument. If the forum owners ever edits or moderates posts, bans or deletes users, has moderators, or removes inappropriate posts, then in my (not-a-lawyer) opinion, I think the forum operator is headed for trouble.
If the images are nude and nonexplicit, and the guy does not have an erection (erections being added with 4472) then the content is probably exempt from the recordkeeping requirements.
If the image is explicit, the guy is touching himself, or has an erection, then most likely 2257 applies, and
