Recently a provider of Internet hosting services was shut down. They allowed warez geeks to trade in the downloading of pirated software and the government came and shut them down. While the hosting company was definitely legally responsible for turning a blind eye to the criminal bits flying through cyberspace from their servers, the software thieves will probably just cut their losses and find another host. Unfortunately, the hosting company had some upstanding clients who were practicing legitimate business. Guess what happened to them. That's the irony of the law. When it's long arm comes sweeping down to right a crime; innocents get hurt in the process.
This business of selling sex has always been one of ever-changing regulations and standards. We have grown accustomed to zoning codes and our advertisements being banished to the back pages of magazines. We know those that enforce the standards of decency are always watching. Making sure that what we do fits the criteria of legality is second nature. That was until the World Wide Web came on the scene.
The Wild Wild Web might be a better term.
No one imagined the Internet would take off as quickly as it has. The splitting of Arpanet, the introduction of the home computer, the Mosaic browser and the Windows operating system all happened almost simultaneously. The technology and the timing opened the pass to a new unmapped and unchecked realm of commerce, communication and information.
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"That's the irony of the law. When it's long arm comes sweeping down to right a crime; innocents get hurt in the process." |
Now, there are more web pages out there than there are people and some of those people aren't very honest. They've been allowed to flourish because the Internet got built before the laws involving it could. Well, that's no longer the case. Cybertown is no longer a lawless frontier. The law is finally catching up to bandits and thieves and scoundrels. After all this war duty is over, the government will get back to the business of other people.
The question for you is when the porn cyber marshals inspect your virtual shop of ill repute; will you pass the inspection? Porn webmasters who had their sites on the hosting servers mentioned above in the first paragraph thought they had all their legal bases round up in a secure circle and now they're out in the cold without a cyber pot to pee in.
Is your content legal? If you purchased it, did your provider supply you with licensing? If you feature younger models on your page, have they provided proof of their age according to Title 18 USC 2257? Those free images that look so tempting from that dude you met on ICQ could be stolen, how would you know? Are you taking those pictures from your paid-for content CD and cutting them up to use for tour graphics? Does the content seller stipulate that you can alter the images in such a way? What about that cool font you used for your logo? Did you lease that font from its creator?
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Take a serious look at the content of your site and make sure you aren't breaking a rule or condition of putting it on the net for profit.
What about you? Are you of legal age to make an adult website? Do you live in an area where maybe it's okay to post softcore images from your home or office, but not hardcore? Are you living at an educational facility trying to make a few bucks off your cyber smut shop? Would you be kicked out of school if you were found out? Have you thought about the litigious characters of the parents of your fellow classmates? Is your porn site being served from a legitimate host? Do they host other sites that are of a dubious nature? Is it possible that someday, you will find your page is dead because your host broke the law?
Do you have all the warnings and filters set in place to protect children and those of a delicate temperament from your deviant website? Do you have a warning page with an exit link and links to child filtering software? Have you registered your site with those filter sites so that you are in their databases? Are the keywords you used in your META TAGS fitting with your content? Keywords that are oriented towards younger surfers have no business on an adult site.
If you own a TOP list or TGP or have any links to other webmaster's sites, are those links okay? Have you gone at least three pages into a site you're linking to just to make sure their content isn't stolen or they aren't trying to sell illegal porn? Do you even know what porn is legal or illegal? Just because zoophilia is perfectly legal in one country, doesn't mean it's legal in another. Your web site crosses all borders. Do International laws affect they way you sell dirty pictures on the Internet?
You can't just throw up an Internet brothel and not expect a visit from your local sheriff. Because what you do is always going to be scrutinized more than any other profession, you better get used to it. Yes, the Internet is still mostly undiscovered country but if you want to sell anything, you want to be found. If you can be found, you will be judged. Make sure that you can pass the inspection.
To find out more about the legal side of commercial, Internet porn, visit our Cozy Legal Help guide and also learn from the Legal Primer on Cozy Academy.