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Old 03-30-2007, 01:53 AM   #1
lotustheman
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Must be 18 to enter prerequisite in the US?

Hi,

If you have legal soft adult content (full nudity) on US servers is there any legal prerequisite that you put a "Must be 18 to enter" page?

Thanks!
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Old 03-30-2007, 02:20 AM   #2
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Surely you shouldnt write: "Enter kids, this is how the girl you play doctor with will become in 12 years"
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Old 03-30-2007, 02:24 AM   #3
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sure you have to
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Old 03-30-2007, 02:31 AM   #4
lotustheman
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Originally Posted by lalika View Post
sure you have to
There are a lot of sites that doesn't.. E.g. Playboy, FHM, labatidora.net, badgirlsblog.com, et. al.
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Old 03-30-2007, 02:34 AM   #5
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Quote:
Originally Posted by lotustheman View Post
Hi,

If you have legal soft adult content (full nudity) on US servers is there any legal prerequisite that you put a "Must be 18 to enter" page?

Thanks!
No there isn't law at all. Hell go to any site any sponsor and most have hardcore porn on the first page. No "18 to Enter" warning page. If you ever get busted for obscenity though it might look better if you did in fact at least have a warning page.
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Old 03-30-2007, 02:37 AM   #6
lotustheman
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Originally Posted by GatorB View Post
No there isn't law at all. Hell go to any site any sponsor and most have hardcore porn on the first page. No "18 to Enter" warning page. If you ever get busted for obscenity though it might look better if you did in fact at least have a warning page.
What's the deal with obscenity though.. Do you know of any legal cases? Is it common? What if the servers are not in the US? What if I am not from the US but have my content in the US?

What are the penalties in the US if you would get convicted for obscenity? Does artful fullnude pictures like met-art.com really stand out as obscenity?

Thanks!
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Old 03-30-2007, 02:38 AM   #7
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I love the assumption that surfers can read.
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Old 03-30-2007, 03:31 AM   #8
lotustheman
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Found this interesting article

itnews.com.au/newsstory.aspx?CIaNID=48294
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Old 03-30-2007, 04:19 AM   #9
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legal requirement or not do every little thing you can to cover your ass
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Old 03-30-2007, 04:24 AM   #10
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Originally Posted by lotustheman View Post
What's the deal with obscenity though.. Do you know of any legal cases? Is it common? What if the servers are not in the US? What if I am not from the US but have my content in the US?
Brick and motar porn shops are more likely to get busted because it's easier, but yes there have been cases. One in Tampa a couple of years back I believe.

Quote:
What are the penalties in the US if you would get convicted for obscenity? Does artful fullnude pictures like met-art.com really stand out as obscenity?

Thanks!
Obscenity is defined by the area where you are being charged. In LA almost anything goes. In Alabama you can go to jail for selling dildoes. You can get anything from a fine and probation to 10 or more years in prison.
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Old 03-30-2007, 05:10 AM   #11
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4472, which no one talks about, does in fact have many new regulations restricting even what would formerly have been described as "soft core" or "nonexplicit" content.

If I were a webmaster who lived outside the US, I would under no circumstances host any of my content inside the US... just one more hassle you don't need.

If you are a webmaster living inside the US, though, you have to comply, regardless of where your servers are, or where you *claim* your business is located.

Obscenity convictions are hard to get, the Feds haven't been successful at getting convictions on even the stuff that most of us would agree is probably very much "over the line." But even getting charged is enough to wipe you out... they could easily seize your servers, assets, etc., making it difficult to keep revenues coming in while fighting the case, or pay your attorney.

In short, the warning page won't protect you, but having it there, and taking every other reasonable step you can to prevent minors from viewing content they shouldn't be seeing is the responsible thing to do, and if you do find yourself in front of a jury, you can make the case that you honesty took every reasonable precaution to ensure your content was seen only by those who wanted to, and were old enough. to see it.
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Old 03-30-2007, 07:11 AM   #12
lotustheman
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Originally Posted by Gaybucks View Post
4472, which no one talks about, does in fact have many new regulations restricting even what would formerly have been described as "soft core" or "nonexplicit" content.

If I were a webmaster who lived outside the US, I would under no circumstances host any of my content inside the US... just one more hassle you don't need.

If you are a webmaster living inside the US, though, you have to comply, regardless of where your servers are, or where you *claim* your business is located.

Obscenity convictions are hard to get, the Feds haven't been successful at getting convictions on even the stuff that most of us would agree is probably very much "over the line." But even getting charged is enough to wipe you out... they could easily seize your servers, assets, etc., making it difficult to keep revenues coming in while fighting the case, or pay your attorney.

In short, the warning page won't protect you, but having it there, and taking every other reasonable step you can to prevent minors from viewing content they shouldn't be seeing is the responsible thing to do, and if you do find yourself in front of a jury, you can make the case that you honesty took every reasonable precaution to ensure your content was seen only by those who wanted to, and were old enough. to see it.

this article is quite interesting though

itnews.com.au/newsstory.aspx?CIaNID=48294

I don't remember if it's that exact link but in another news column they say the law was never enforced.
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Old 03-30-2007, 07:15 AM   #13
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It's considered a "good faith effort" in US court basically. Same as all the links you see to various browser filters, and notes to parents and such.
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Old 03-30-2007, 09:03 AM   #14
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internet porn will get you in jail in no time! watch out!
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Old 03-30-2007, 09:29 AM   #15
lotustheman
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internet porn will get you in jail in no time! watch out!
haha.. sarcasm detected.
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Old 03-30-2007, 09:30 AM   #16
lotustheman
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any danes or swedes who know what the legal situation looks like in their respective countries?

några danskar eller svenskar som vet hur det ser ut lagmässigt i länderna? skiljer sig svensk och dansk lag sig åt? kan man bli åtalad i sverige av någon i USA med ameriansk lag eller är det svensk lag som gäller om materialet finns i sverige?
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Old 03-30-2007, 09:39 AM   #17
lotustheman
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Thank you for joining an english speaking forum.
Look.. I put it in english first and then if there are any danes or swedes here who feel more comfortable using their mother tongue.
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