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He-Man · 07-05-2003, 10:52 AM

18 USC § 2257 Obligations Regarding Amateur Submissions

As this is US law it does not apply on me, but....
what if I use an US hosting? Or can it bind me for any other reason?

He-Man

further reading:

If the pictures are sexually explicit, you MUST comply with 18 USC § 2257.

Are breasts sexually explicit? That's a tricky question, because it depends upon the context in which the breasts are presented. We are all familiar with works of art in museums that depict breasts, but aren't considered to be sexually explicit.

However, be aware that American courts have held that pictures showing people FULLY CLOTHED can be considered sexually explicit, and hence, subject to § 2257. So, just because only breasts are shown does not automatically mean that the pictures aren't sexually explicit. A lawyer should be consulted for an opinion as to whether specific images may be deemed sexually explicit.

On another point, stating that you "believe that all people pictured on the site are at least 18 years old", in legal terms, doesn't mean squat! What you BELIEVE is irrelevant. The issue is whether the people actually ARE 18 or over. Saying to a prosecutor or judge, "Well, I THOUGHT they were 18" won't keep you out of jail! Your intentions and thoughts don't matter. The actual age of the people is paramount.

Furthermore, even if the people you "believe" are at least 18 in fact are at least 18, you're still not on safe ground. According to § 2257, you MUST have documentation (or have access to that documentation) proving the ages of every single person in every single sexually explicit image on your site. Even if a person on your site is actually 35 and looks 35, if you don't comply with the record keeping requirements of § 2257 (by having a copy of the person's identification, or having access to that documentation), then you have broken the law by not having a copy of that 35-year-old's identification.

Simply asking people who submit pictures to you to be at least 18 years of age is practically worthless. People lie. And even if they are at least 18, again, you MUST have records or access to records showing the ages of these people.

So, if you want to keep this section on your site where people submit pictures of themselves, in order to comply with the law, you MUST acquire copies of the amateurs' identification BEFORE you post their pictures. If they refuse to provide their identification, then DON'T POST THEIR PICTURES!

07-05-2003, 10:52 AM
He-Man Confirmed User Join Date: Jan 2002 Location: Amsterdam!! Posts: 706	Amateur Model Age Verification 18 USC § 2257 Obligations Regarding Amateur Submissions As this is US law it does not apply on me, but.... what if I use an US hosting? Or can it bind me for any other reason? He-Man further reading: If the pictures are sexually explicit, you MUST comply with 18 USC § 2257. Are breasts sexually explicit? That's a tricky question, because it depends upon the context in which the breasts are presented. We are all familiar with works of art in museums that depict breasts, but aren't considered to be sexually explicit. However, be aware that American courts have held that pictures showing people FULLY CLOTHED can be considered sexually explicit, and hence, subject to § 2257. So, just because only breasts are shown does not automatically mean that the pictures aren't sexually explicit. A lawyer should be consulted for an opinion as to whether specific images may be deemed sexually explicit. On another point, stating that you "believe that all people pictured on the site are at least 18 years old", in legal terms, doesn't mean squat! What you BELIEVE is irrelevant. The issue is whether the people actually ARE 18 or over. Saying to a prosecutor or judge, "Well, I THOUGHT they were 18" won't keep you out of jail! Your intentions and thoughts don't matter. The actual age of the people is paramount. Furthermore, even if the people you "believe" are at least 18 in fact are at least 18, you're still not on safe ground. According to § 2257, you MUST have documentation (or have access to that documentation) proving the ages of every single person in every single sexually explicit image on your site. Even if a person on your site is actually 35 and looks 35, if you don't comply with the record keeping requirements of § 2257 (by having a copy of the person's identification, or having access to that documentation), then you have broken the law by not having a copy of that 35-year-old's identification. Simply asking people who submit pictures to you to be at least 18 years of age is practically worthless. People lie. And even if they are at least 18, again, you MUST have records or access to records showing the ages of these people. So, if you want to keep this section on your site where people submit pictures of themselves, in order to comply with the law, you MUST acquire copies of the amateurs' identification BEFORE you post their pictures. If they refuse to provide their identification, then DON'T POST THEIR PICTURES! __________________ "We don't make mistakes, we have happy little accidents." Bob "King of the Canvas" Ross Last edited by He-Man; 07-05-2003 at 11:20 AM..