I really love the business I do with webmasters. I find that they are hardworking, bright, honest (most of them) and really enjoy working hard. They meet the classic definition of what has made America great. Many pundits have opined that without independent webmasters and specifically adult webmasters that the web would not have taken off.
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"Maybe it is the anonymous nature of running a website that can cloud judgement." |
The funny thing is that if these same middle class all-American webmasters really understood the risk that they were putting themselves in, most would not have jumped into the business.
Most webmasters I talk to really don’t believe that the obscenity laws will ever be enforced or that at least they won’t be enforced against them. Maybe it is the anonymous nature of running a website that can cloud judgement.
I want to run over some of the penalties that can happen if you are that unlucky Joe who gets charged and convicted with an obscenity charge. Now I am not a doom and gloom attorney. I also believe that there are many defenses under our Constitution and various State Constitutions but I would not want to be the "unlucky Joe" who gets popped.
So lets look at some of the Penalties for violating just the Federal Obscenity Laws:
Criminal Forfeiture: This is a simple concept. The government comes and takes everything that you have. The laws states that a person convicted of an offense involving obscene material shall forfeit that persons interest in:
1. The interest in that obscene material.
2. Any property real or personal traceable to the profits or proceeds of
such offense.
3. Any property real or personal intended to be used to promote that
offense.
Plus the court has the ability to substitute other assets to be forfeited to cover the nature of the offense. Bar none, this can destroy anyone's entire life savings in a second.
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I wanted to talk about this penalty first because of some webmasters I represent. They have a good business and love doing live shows for the members. They get together at one of the partner's homes and film the girls going wild. Now if they get arrested do you think that the home was used in the commission of the crime? I am sure some bright, aggressive prosecutor would say that the home should be forfeited under the law.
Also, what happens if you have kids in the house? Most webmasters I know are smart enough to not have kids present on "show night". I still think that some government family services agency would find a reason to take the children away and put them in foster care. Scary.
So lets talk about other unpleasant things under the law; and remember you can and often will spend time with Bubba in the local Federal Pen.
Forfeiture under R.I.C.O. If a person participates in at least two separate predicate offenses it may fall under a R.I.C.O. charge.
Some Internet Attorneys have opined (including myself) that if you know you are dealing with a company or person transporting or producing obscene materials you can also be indicated. This could include:
1. The I.S.P. hosting the site;
2. The company doing the web design
3. Companies or individuals advertising the site or involved in
partnership programs.
4. Link posts and TGP’s
Again, I am not a doom and gloom attorney, even though it seems so. I believe all webmasters have to be aware of the risks and should make sure they have a solid asset protection plan. That they know the risks and that they try and do everything possible to protect themselves. As always, be SAFE not SORRY.