I personally LOVE real amateur sites. But how about 2257 laws? I've seen some sites make an attempt at being legal, but even they aren't really following the existing rules.
And all of those "rating" sites... they are full of copyrighted images. All one of these sites needs is a couple Titan images on their servers and the party is over!
Is there a safe way to operate an amateur site with user submitted pics?
Not a legal expert here on this issue...so I'm just shooting from the hip from past reading. I believe the Digital Millenium Copyright Act (DMCA) in the USA has a safe haven for service providers. So you set up your site as a service provider in the site's Terms of Service using the requirements and language of the DMCA. There are specific rules for what to do if there is a dispute over copyright of user-submitted material.
Look at the Terms of Service of your webhosting company. You should see the service provider provisions of the DMCA.
I don't recall if (or how) the DMCA deals with issues involving minors or the 2257 documentation.
Larry Walters has an excellent article on the subject (and many other subjects of interest to webmasters) at www.firstamendment.com.
Steve
the way i understand it, adult material is adult material. if the model doesn't supply a recognizable i.d., it ain't legal. after all, how do you KNOW every 21 year old isn't really 16?
Woul be interested in seeing what Chad says on this topic so heres a quick bump so he gets to see it
Regards,
Lee
Does this mean I should shut down my pic rating site? What about the thousands of other sites that accept nude profiles from it's members?
There are hundreds of popular ones that I know of that allow any member to post a nude picture, what is the answer for them? I don't see how they could they ever get 2257 info for every member of their site.
DigitalJay - if it were me, i'd never have started a pic rating site, or else i'd use bought photos. it's against u.s. law to have sexually explicit pictures on a website or in a magazine or video without someone acting as custodian for the i.d.'s which you must have.
please talk to a lawyer - someone with lots of experience in our industry. then decide if it's worth the risk, because it will probably become a much bigger risk after the new attorney general is fully in office.
Ok, call me a first amendment fanatic, but I don't see the problem with user submitted photos, on a free website.
If you have an adult warning on your index page, which you have, and you have a "I swear on a stack of bibles I'm over 18 and these pictures are mine" on your submission page, and you monitor the submissions, I think you've done what you can.
Since its not a membership site, the liklihood of someone getting bent out of shape and turning you in to the attorney general is so miniscule that I wouldn't even worry about it. If you were to turn it into a membership site, you'd probably have problems with a processor.
There are literally thousands of self-pic submission sites. This whole 2257 Consciousness flare up occured because of the VISA regulations and not becuase of any pending prosecutions or arrests. Do you honestly think the US Attorney General will spend the time and effort to go after thehottestcock.com ?
I think not.
Is it a risk? Sure. Would you ever go to prison over it? No.
MWCren - it's not a question of the first amendment. the government claims that current 2257 regulations do NOT impair free speech.
you are risking jail if you visitor submitted pics. sure, the risk isn't very high, so it depends on if the gamble is worth it to you. it wouldn't be worth it to me.
of course, if you get a mature-looking 16 year old who sends in his pics, and someone who knows him sees them and reports you, you will do time for cp. without i.d., how do you KNOW the age of your submitters?
Yes, but how do know that someone hasn't done a screen capture from a Titan movie and said, "This is me." Many of us can probably tell real amateur from professional, but what if? You're basically relying on the surfer to be honest. I don't know about you, but I wouldn't put my business and my future in the hands of surfers.
This is one of the main reasons that I haven't set up a profiler on any of my sites. While they're great for traffic, I don't need to be getting any letters from lawyers, and I don't have the time to scour hundreds or thousands of pics to make sure they're not CP or copyrighted.
Michael
I forgot about this thread, thanks for bumping it Lee.
I guess if I didn't already have my little empire, I might risk starting a rating or community site. But I have too much to lose now. It seems very risky :err:
Dzinerbear - if Titan contacts you and says "take the pic down", you do. if the law contacts you and says "that's a minor", they do it with a warrent and arrest you. not really the same thing.
Xstr8guy - glad to hear it :-)
Free pic hosting that allows adult material be it rate me sites or profile sites are basically the same thing.
Yahoo profiles, Gay.com, MySpace, YaFro, etc... All big outfits, and they all allow their users to post adult photos.
If a 17yo puts a nude up in his Yahoo profile, can Yahoo be prosecuted for CP? I would think there has to be an intent to knowingly disseminate the CP.
I forgot about all the profiles at yahoo.com and gay.com, et al.
Good point.
I wondered about Gay.com too. How they got around the 2257 rules. Maybe they aren't, but they certainly aren't the only ones posting profiles.
Two thirds of my content consists of models with paperwork that are 2257 compliant. The other 3rd is composed of user submitted pics. I try to avoid using any photos where that person even looks close to being 18. Still that wouldn't hold up in court if the guy I thought was 25 is only 17.
I'm redoing my site to include amateurs who are 2257 compliant. They would be considered models so all the necessary paperwork would be on file. Honestly, I'm tired of worrying about it all these years.
Artist/Painter and Webmaster of Huskyhunks.com.
Posting Permissions
Reply With Quote
Bookmarks