Forum Members Posting Nude Pics - asking again before lawyer
 

OK OK, I've asked this question once already and gotten some good answers. I'm about to seek out a lawyer in frustration. Before I do, I'm just running it by you one last time.

I run a few forums and as of now my members cannot post nude personal pics. This is as frustrating for them as it is me since competing sites allow this sort of thing (literotica, for instance).

In terms of images, I cannot by US law allow anything sexually-suggestive to be uploaded to our servers. Right now I'm only allowing clothed pics that are not sexually-suggestive.

Is there any clause I can include in the submit page or any loophole whereby members can upload nudity?

One possible loophole might be allowing users to link to the content via free image hosts.

THoughts?

setup a dedicated site/server for this purpose.

or setup a deal with someone who has one.

sites like gfy just ignore the regulations are far as 2257 and i would assume until one of them gets busted that they will focus on something "bigger"


If you want i can setup a "free image/video hosting" site customized to your needs for very cheap

gfy doesnt host any images.

therein lies the okie dokieness.

I'm not a lawyer. Don't think GFY qualifies as a law firm. This is not legal advice. There is no substitute for legal advice from a licensed attorney that looks at your particular situation.

That said.

Does 2257 apply to nudity alone? If your members are not posting images of explicit sex, then does 2257 really apply? There are other laws that may apply. Your own local ordinances have something to say. OR the laws of anywhere your site may be seen for that matter.

Dude that sounds very attractive. I think remote hosting is possibly my only option. Let me investigate further and if I go this route I'll definitely be in touch. Thanks a lot!

I'm sure this is true but like you say will need to verify. The biggest reason for starting this thread is for me to get more informed before seeking a lawyer. Your point bares (excuse pun he he) mentioning.

as a 2 cents to prevent fakes etc. You should follow what another site does and mandate that all nude photos include your logo in the actual photo (not a photoshop overlay), something they can print out, or draw on themselves etc. Again following same sites idea you could then make sure they send up an id and quick release with the photo and a simple cms could attach every digital id to the picture so any inspection would be a breeze.

Just explain your privacy policy to the users, and allow them to block out the license number, the address, and just leave name and date of birth.

Then you are super duper safe.

why use a U.S server?
get hosting outside u.s

If you lives in the US, and do business in the US. Or even possibly just do business in the US (see gambling) then the laws effect you no matter where your servers are located.

yes but his location are Malta

Maybe they just want to be US safe.
Maybe they want to use US webmasters and keep them safe.
Maybe they have US investors or partners.

Lots of maybe's and they seem to be the ones that want to stay compliant.

I'm glad I posted this thread. Any chance you could email me this site?

kristian at promotedating.com

My members are desperate to post so I'm pretty sure this would be a good compromise.

Yep, although we live in Malta, I want to comply with US law. I could get eu hosting but then the laws may change and I'd have to trash potentially years of uploads.

If and its a big if, you ever enter the USA then that may be true, however to complete an inspection they would have to leave the USA and leave their legal jurisdiction, and no court in a foriegn country would enforce a law that isnt legal in the country the court has jursidiction over.

So 2257 is bollocks to non USA webmasters.

That said any webmaster should have 2257 docs or if your ever accused of illegal content you are officially screwed.

Kristian I would be interested in chatting with you about this. Can you please icq me or at least e-mail me pornguy at epiccash.com

Real old school sites, back when um web 2.0 was just the web. :winkwink:
http://www.redclouds.com/
http://www.voyeurweb.com/

PS your logo assures its a real photo and not a stolen porn picture too.

You've been a great help. Thanks dude :)

I'd hit you up now mate but i'm burnt out. gone 1am here and need a break. i'll shoot you an email though.

on its way :)

move your business out of the US

- if this is not an option, either do it till you get busted with some naked 14 year old on your site or shell out the $750 for a legal sit down with an ENTERTAINMENT LAW or other qualified attorney :)

hm i dont know how to answer your question, but if you are running forums where people are posting themselve naked congrats man, you know how to run great board! keep up the great work! :thumbsup