Legal Question in Technology Law in California
Seeking legal advice about my adult website
I own an adult website as of about 1 year now
I have recently recieved a complaint to my host and billing company about the trafficking of child pornography. The person or persons filing the complaint listed pictures and movies they deemed innapropriate. I am 100% against child pornography and even provide a link on my website to the ASACP site. I take all complaints and threats seriously so Ive shut down the website temporarily.
The material that they said was in violation to me was NOT in violation. I found the listed material to be of consenting females of 18 years and higher. All the content featured on my site is collected and submitted by users and is assumed public domain (it is mostly amateur content).
Here raises my question: How does any one person determine the age of a pictured or filmed subject? I dont see how its possible and to whos discresion does it fall on?
Thank you for reading and your help is GREATLY appreciated
2 Answers from Attorneys
Re: Seeking legal advice about my adult website
Federal law requires that you keep records of the names and ages of all your models. Federal law also says that the person who held the camera owns the copyright, so your pictures are not in the public domain. I suggest that you contact an attorney about your business before reactivating the web site.
If you want, you can call me at (650) 798-2418.
Re: Seeking legal advice about my adult website
The law is clear that you cannot actively post such pictures of models under 18 if you know their ages, but it is less clear what you need to do where someone else posts them on a site you operate or where you have reason to suspect that the models are underage but do not actually know their ages. You should not have too much of a problem in this particular instance if you can prove that the models were 18 or older, but you might want to establish a relationship with an attorney to guide you as you go forward.
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