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Hello…

I was wondering how websites that allow members to post swinger ads or personals get around the 18 USC 2257 compliance laws? I was thinking of adding such a feature to a site I want to make, and do not know how to handle this situation.ASK THE LAWYERS

Hello…

I was wondering how websites that allow members to post swinger ads or personals get around the 18 USC 2257 compliance laws? I was thinking of adding such a feature to a site I want to make, and do not know how to handle this situation. Any advice?

Thanks,
Brian

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Brian:

The answer to your question really depends on the type of listings you are going to allow. Swinger sites come in many forms, but generally have the following common elements: a front page or tour with canned images, an area of personal ads without pictures and an area of personal ads with sexually explicit images. Each area is viewed a bit differently from a legal perspective.

Front Page and Tour

Personal Ads Without Pictures

18 USC 2257 does not apply to sexually suggestive text, so there is no real concern in this area about compliance because no images are being posted. One area of concern to keep in mind is the potential for prostitutes using the service to offer their services. Most adult periodicals in metropolitan cities have taken the approach that they are only an advertising medium and not responsible for the acts of their advertisers. This position has proven valid for the periodicals, but you need to be careful if you put boards up on your site. If your boards evolve into a review site for prostitutes, you might run into trouble as federal authorities recently raided such a site in Florida. A typical swinger site should not have this problem, but you need to keep an eye on the discussions of your members.

Personal Ads With Pictures

In my opinion, the posting of swinger ads that include sexually explicit content requires compliance with 18 USC 2257. There are a couple of reasons for this conclusion. Initially, the posting of any image that is sexually explicit on the Internet should be done in a conservative fashion given the current political climate. Admittedly, most swinger images are not considered “classic” adult material, but I would not push the envelope in light of the aggressive comments of the current administration.

From a practical perspective, I think it is also important to comply with 18 USC 2257 because it allows you to establish that every person in the image is of age. The last thing you want to be confronted with is a couple in which one of the participants is underage, or for example, 17 years old.

From a pure civil liability perspective, compliance with 18 USC 2257 will also allow you to verify that the person posting the advertisement or images is doing so with the consent of all the people in the image. There are endless stories of individuals posting photographs of their former boyfriend or girlfriend without that person’s consent. If the person in the image subsequently learns of the posting, they are not going to be pleased. Obviously, there is little advantage to getting caught up in the subsequent action taken by the person.

To summarize, the answer to your question really depends on the specific listings you intend to put on your site. If there are sexually explicit pictures, I strongly suggest you comply with 18 USC 2257.

Richard Chapo, Esq.
AdultInternetLaw.com
adultlaw@yahoo.com

AdultInternetLaw.com provides legal services to adult businesses, focusing on business strategy, corporate issues and site reviews. This article is for general education purposes and does not address every facet of the laws surrounding the subject. Nothing in this article creates an attorney-client relationship.

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