One of the greatest concerns facing Adult Webmasters (especially blackhats) should be 2257: There is some question as to how to interpret this “child protection” law.
First of all I am Not A Lawyer. So my legal advice is worth about what you are paying for it.
Under recent changes in the law, you must keep records proving the age of every person in every image or videos that depicts “sexually explicit conduct’ that you publish. It doesn’t matter if it’s a pair of 60 year olds or a well known star, if it has sexually explicit material, it’s a crime if you don’t keep detailed records and proof that they are over 18. You not only need to keep the records, but you need to be available for 20 hours per week for the next seven years.
“Sexually explicit conduct” means actual or simulated—
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;
So no pubic area or genitals, no intercourse (actual or simulated), absolutely no penetration, no toy penetration- we don’t even show girls touching themselves through panties. Breasts seem OK, but we won’t show mouth to breast pictures or videos without docs.
99% of you cannot keep records, and there is a permanent cache of what you put up, so be careful.
Some people think that the fuzzed / blurred out images are OK, but our reading of the law is that even cropped pictures which were ’sexually explicit require 2257 documentation. We do not try to blur or black out genitals to skirt the law - in our opinion that’s begging for trouble.
The only exception is cartoons/ anime. There, you can show whatever you want.
There are many challenges doing black hat adult in the United States these days. There is still an incredible amount of money to be made, but it’s not like with Google where if you screw up you just get banned: If you are not careful, you might find yourself in front of a grand jury.
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