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Originally Posted by Dirty Dane
To me, that looks like a requirement for internet safety at schools and libraries, and not a law that restrict a website.
Not that I have anything against protecting children, and I also encourage to use filters. Still we need to know what is fact and not, to avoid confusion. Sure, some parents or organizations might have (or will) tried civil charges, but its a difference between laws and moral. There are also differences between freesites and paysites... and between nations. As you say, there are potential risks, and first thing to learn in this biz, is your local laws.
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it would be the same as if you handed a porn magazine to a kid. which is against the law!
"Harmful to Minors"
"Harmful to Minors" laws in the past have been state based. The Children's Online Protection Act would have created a federal "Harmful to Minors law," but it has been enjoined [that means the law is not in effect] by the courts. (ACLU v. Ashcroft, 322 F.3d 240, 2003 U.S. App. LEXIS 4152 (3d Cir. Pa. 2003)). The Justice Department is appealing this decision to the Supreme Court.
CIPA is the first law in effect with a federal definition of "Harmful to Minors." It defines ?material that is harmful to minors? as:
HARMFUL TO MINORS -- The term "harmful to minors'' means any picture, image, graphic image file, or other visual depiction that --
(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
(3) SEXUAL ACT; SEXUAL CONTACT. --The terms "sexual act'' and "sexual contact'' have the meanings given such terms in section 2246 of title 18, United States Code.
[Note: 18 U.S.C. ? 2246 (2003)
(3) the term "sexual contact" means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person]