Image Tags and 2257/4472

[IdolKnights]

If I was to turn a non adult blog into an adult blog would I need to re-tag all the existing images with “Sex” “porn” “adult” so that a photo of a tree doesn’t come up through Google and land the viewer onto an adult blog with adult and non adult photos mixed together?

I have looked around at a lot of adult blogs and they have little content past cock shots and wet holes. But what about the personal blogs with adult content mixed in?

[Fister]

A truly personal (no advertisements or sponsor affiliations) blog is not commercial and so 2257 would not apply. Still for any adult content, even on a personal blog, it would be good to add tags and warnings to keep the underage and easily-offended away.

[gaybucks_chip]

A truly personal (no advertisements or sponsor affiliations) blog is not commercial and so 2257 would not apply. Still for any adult content, even on a personal blog, it would be good to add tags and warnings to keep the underage and easily-offended away.

I don't think that is correct. 2257 is invoked anytime a sexually explicit (or now, even "simulated sexually explicit" or "lewd and lascivious" exposure of the genitals) image is published. The definition of "Publication" in 2257 makes no reference or indication that deriving an income or intending the publication for commercial use has anything to do with it.

So, as far as I know, 2257/4472 compliance is required anytime an image that is either explicit, simulated sex, or contains "lewd and lascivious" exposure of the genitals.

[hdkbill]

A truly personal (no advertisements or sponsor affiliations) blog is not commercial and so 2257 would not apply. Still for any adult content, even on a personal blog, it would be good to add tags and warnings to keep the underage and easily-offended away.

To my understanding, doesn't make any difference if the site or blog is commercial or personal. If the image meets the definition outlined in 2257 you have to have the records.

As for the original question.....yep, my opinion is you'd better tag is so it's obvious that the blog contains mature stuff. At least, that's what we do with each post on our blog. We also post a 2257 Notice.

Bill

[Ender77]

To my understanding, doesn't make any difference if the site or blog is commercial or personal. If the image meets the definition outlined in 2257 you have to have the records.

I have opinion for this link obligatory - it tesify about non CP content on site.

[Matt 26z]

2257 is for any publication of sexual materials online, commercial or not. If you go into a Yahoo chatroom on webcam, you are required by law to hold up a piece of paper with your home address on it as your 2257 label. Got nudes in your gay.com profile? Better have your home address listed in there too. Those nudes you sent to your craigslist hookup? They better include a 2257 label.

Guys, get real.

[IdolKnights]

But for sake of argument – I understand ALL erotic photos need to be properly tagged

BUT!

Let’s say you run a blog for 3 or 4 years and one day decide to push or post adult photos albeit Art or Porn, what needs to be done with the ¾ years worth of stuff non adult?

Do I need to go back through the archives and edit the image tags to reflect an adult site?

“4472”

SEC. 703. DECEPTION BY EMBEDDED WORDS OR IMAGES.

a) IN GENERAL.--Whoever knowingly embeds words or digital
images into the source code of a website with the intent to deceive
a person into viewing material constituting obscenity shall be fined
under this title and imprisoned for not more than 10 years.

(b) MINORS.--Whoever knowingly embeds words or digital
images into the source code of a website with the intent to deceive
a minor into viewing material harmful to minors on the Internet
shall be fined under this title and imprisoned for not more than
20 years.

``(c) CONSTRUCTION.--For the purposes of this section, a word
or digital image that clearly indicates the sexual content of the
site, such as `sex' or `porn', is not misleading.

d) DEFINITIONS.--As used in this section--
``(1) the terms `material that is harmful to minors' and
`sex' have the meaning given such terms in section 2252B;
and ``(2) the term `source code' means the combination of text
and other characters comprising the content, both viewable
and nonviewable, of a web page, including any website pub-
lishing language, programming language, protocol or functional
content, as well as any successor languages or protocols.

So do I remove all OLD data or Re-tag it? Because I know an image search in Google under “Toy” will bring up the site based on some Urban Vinyl toys I posted about.

And from SEC 703, I’m confused in thinking an old post could count as misleading intent.

[hdkbill]

IdolKnights,

I think that the part of the new regulation that may answer your question is:

"The provisions of this section shall not become effective until 90 days after the final regulations implementing this section are published in the Federal Register. The provisions of this section shall not apply to any matter, or image therein, produced, in whole or in part, prior to the effective date of this section".

Hope this helps,

Bill

But for sake of argument – I understand ALL erotic photos need to be properly tagged

BUT!

Let’s say you run a blog for 3 or 4 years and one day decide to push or post adult photos albeit Art or Porn, what needs to be done with the ¾ years worth of stuff non adult?

Do I need to go back through the archives and edit the image tags to reflect an adult site?

So do I remove all OLD data or Re-tag it? Because I know an image search in Google under “Toy” will bring up the site based on some Urban Vinyl toys I posted about.

And from SEC 703, I’m confused in thinking an old post could count as misleading intent.

[Matt 26z]

So do I remove all OLD data or Re-tag it? Because I know an image search in Google under “Toy” will bring up the site based on some Urban Vinyl toys I posted about.

And from SEC 703, I’m confused in thinking an old post could count as misleading intent.

You aren't doing a bait and switch, so I wouldn't call it misleading on the level of targeting "Barney" and displaying a dick instead. That is the exact scenario why that law was made. There was a PPC affiliate who targeted children's terms to get as many clicks through his porn sites as possible.

If you are worried about offending past bookmarkers and those who come looking for the old mainstream content, there is a possible solution. I don't know how much control you have over this blog. If you could do it, one option is to put up a warning page before any blog page that has porn on it. Then maybe set a cookie so that the warning doesn't get displayed again.

You could also make it clear in the design where the clean entries turned dirty.

[IdolKnights]

Bill - :thumbsup:

Matt - I have always posted a short "This is an adult site blah... blah... blah" at the top of every site I have. Even if the site is not an adult site I'm sure I'll post the word "fuck" at some point.