Legal Question in Technology Law in California
Online ''adult in nature''community's relationship with Administrator
In regards to a free vbulliten type forum/site which is an online adult community upon which entering one agrees(by means of clicking yes as opposed to no)that the site's purpose is for entertainment only, a place for members to exchange fantasy stories, and that the administrator has no control over the data therefore they should be considered fiction. The Administrator has decided to move to a dedicated server and ask for a membership fee($15/mo), the question has come up that depending on where the site is hosted that the ''relationship between the administrator and its members could in fact be considered soliciting prostitution. why is the hosting servers location a determining factor (assuming what i just presented is true)when deciding the legal standing of a site's relationship with its respective Administrator and like wise its members. i hope this makes sense! thanks in advance
2 Answers from Attorneys
Re: Online ''adult in nature''community's relationship with Administrator
Because criminal statutes dealing with prostitution, pandering, obscenity and adult entertainment are State and Local laws, the location of the servers can be an issue.
Theoretically, the website could be viewed as the "pimp" or "madam" that makes money from the connections between its users. Thus... prostitution/pandering charges might be brought to bear. Much would depend on the local definitions of these crimes, and whether merely "hosting" a forum for the exchange of offers and acceptances would be culpable conduct.
While the First Amendment (federal, constitutional law) does apply to much online communication, it is not absolute. Nor is users' privacy.
Re: Online ''adult in nature''community's relationship with Administrator
There are many more issues in the facts you describe than you have identified. you need to get an attorney experienced with Internet law so they can find out all the relevant facts. You would be deceiving yourself if you try to decide these issues on your own and avoid the risks you have so far recognized.
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