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Originally Posted by StickyGreen
# The term ?actual sexually explicit conduct? does not include ?lascivious exhibitions of the genitals;? (i.e., mere nudity).
# Websites containing no depictions of ?actual sexually explicit conduct?
there ya go. if your thumbs aint explicit...no records needed. if your thumbs are explicit...you need records. what's so hard about that?
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Jesus the level of stupidity here grows every day.
The DOJ said if your site merely contains links to other sites that have sexually explicit conduct that you don't need records.
A thumb is not a link.
If you take a picture that has sexually explicit conduct, and crop out the explicit parts, and put that thumb on your site....that doesn't exempt you from record keeping requirements.
That's like saying it's ok to use minors in porn movies so long as you don't actually show the penetration......every first amendment attorney we've questioned about this has said the same thing.
Nothing in this letter from the DOJ changes that.