Legal Question in Technology Law in Georgia
INTERNET BUSINESS; adult entertainment
I am beginning an adult entertainment website on the
internet in the state of Georgia. My server is based out
of the state of New York city because of the less
constrictive obscenity laws in that state. The website
will not include any visuals resembling the act of sex.
This website will not sell any products. My question is:
What kind of license does my website require if it is
going to only involve nudity(NOT A PORN SITE)? And
does a website require a state license or a federal
license, when dealing with the adult entertainment
industry?
thank you for your time, and email me for more details.
1 Answer from Attorneys
Re: INTERNET BUSINESS; adult entertainment
No special license should be required to run the type of business you describe; the First Amendment protects your right to free expression and licensing requirements would almost certainly be illegal. Some locales might require *all* businesses to have licenses and yours would be no exception, but such a requirement based on its content strikes me as inherently unconstitutional.
Your concern about obscenity laws is understandable, but the location of the server is not necessarily going to prevent Georgia authorities from going after you. For that matter, it won't necessarily keep the authorities in China or Saudi Arabia from going after you, either.
I don't know how much you need to worry about the risk of foreign governments trying to prosecute you, and if the content of your site is really as you describe then you will probably not run afoul of any domestic laws, either.
Even so, you should put clear warnings on the front page so people have a chance to avoid loading a page they might find offensive. You might also consider using NetNanny or a comparable service and you might want to add an adult verification system as well. These steps may not be necessary legally, but they might offer practical benefits like peace of mind if you're really concerned about zealous prosecutors.