Legally? I'm Confused

[HeyItsDani]

Ok, so the rules state:

- Legally, we can allow soft nudity, but under current United States law, photographs (does not apply to non-photographic images) posted on this site may not contain "sexually explicit conduct", which the government defines as:

What is the legal basis for this assertion, and why does it only apply to this forum? It seems to me if "hard core" images are allowed in other sections of the board, they should be just as viable here. I'm confused about the disparity.

 

[booth22]

Quirky for sure. If I had to guess it's probably that the site can't be held legally responsible for what users link in threads, but if originated here there's more culpability.

I'm reaching. All I know is that a few years ago things were much looser and less paranoid.

 

[CrimsonAlex]

Ok, so the rules state:



What is the legal basis for this assertion, and why does it only apply to this forum? It seems to me if "hard core" images are allowed in other sections of the board, they should be just as viable here. I'm confused about the disparity.

Technically, hardcore images aren't allowed in other parts of the boards, they just haven't been taken down by the mods or the mods in certain boards are more lax on the rules than others.

I don't understand it myself, but them's the rules.

 

[HeyItsDani]

Technically, hardcore images aren't allowed in other parts of the boards, they just haven't been taken down by the mods or the mods in certain boards are more lax on the rules than others.

I don't understand it myself, but them's the rules.

If that's a board rule, then that's certainly fine if it's going to be enforced universally. I'm more curious about the assertion that it is not "legal" to have the stuff here. That is a patently untrue statement.

 

[tomwantstosee]

Hey, if you want to share hardcore, just send a pm!
;-)

 

[IceyBlue]

If that's a board rule, then that's certainly fine if it's going to be enforced universally. I'm more curious about the assertion that it is not "legal" to have the stuff here. That is a patently untrue statement.

I suspect the statement is true, it is illegal for it to be posted here, but only because they're unable to conform to the requirements of the law.

If you look carefully on any site that shows "explicit content" you will see (usually in fine print down the bottom) a little icon labelled "18 U.S.C. 2257" and clicking on it will bring you to a page that says;


"18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement

Date of re-issuance: November 10, 2011

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons appearing in any visual depiction of content whether actual sexually explicit conduct, simulated sexual content or otherwise, displayed on the [insert URL here] Web pages were at least eighteen (18) years of age at the time such depictions were created.

Records required to be maintained for such materials pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept at the office of the producer, [insert address and name of custodian of the records here], Custodian of Records."



So on an 'amateur' site where there are no records, there is no way to comply with that law.



The devil lives in the details.

 

[ErosArtist]

I suspect the statement is true, it is illegal for it to be posted here, but only because they're unable to conform to the requirements of the law.

If you look carefully on any site that shows "explicit content" you will see (usually in fine print down the bottom) a little icon labelled "18 U.S.C. 2257" and clicking on it will bring you to a page that says;


"18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement

Date of re-issuance: November 10, 2011

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons appearing in any visual depiction of content whether actual sexually explicit conduct, simulated sexual content or otherwise, displayed on the [insert URL here] Web pages were at least eighteen (18) years of age at the time such depictions were created.

Records required to be maintained for such materials pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept at the office of the producer, [insert address and name of custodian of the records here], Custodian of Records."



So on an 'amateur' site where there are no records, there is no way to comply with that law.



The devil lives in the details.

That's exactly the cause...problem is, the CFR is so vague in its language that it can be interpreted in a gajillion different ways.

A lot of my photography is nude, but not sexually explicit, figurative art. It hangs in art galleries and in people's homes and businesses. Some of it's been used in cosmetics adverts. But because of the way 2257 is written, for my own protection, I have to keep the exact same proof of age documents for the models with whom I work on file and available for inspection by DOJ agents as does someone that produces and distributes porn.

While the likelihood my office will be raided to be check my '2257 compliance' is nil, it's still a possibility. The owners of Lit simply don't want the hassle.

 

[_me_]

You can post what you like on the general board, but that's not moderated. US law apparently. If you use an outside host you can post links to the pic but not the actual image.

 

[HeyItsDani]

I suspect the statement is true, it is illegal for it to be posted here, but only because they're unable to conform to the requirements of the law.

If you look carefully on any site that shows "explicit content" you will see (usually in fine print down the bottom) a little icon labelled "18 U.S.C. 2257" and clicking on it will bring you to a page that says;


"18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement

Date of re-issuance: November 10, 2011

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons appearing in any visual depiction of content whether actual sexually explicit conduct, simulated sexual content or otherwise, displayed on the [insert URL here] Web pages were at least eighteen (18) years of age at the time such depictions were created.

Records required to be maintained for such materials pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept at the office of the producer, [insert address and name of custodian of the records here], Custodian of Records."



So on an 'amateur' site where there are no records, there is no way to comply with that law.



The devil lives in the details.

I thought 2257 only applied to producers and distributors of porn? Lit isn't doing either. Regardless, it doesn't make sense to apply any law to this forum specifically that isn't also applied to any other one here maintained and operated by the same groups of people. It doesn't make a difference if the GB is moderated or not.

 

[_me_]

I thought 2257 only applied to producers and distributors of porn? Lit isn't doing either. Regardless, it doesn't make sense to apply any law to this forum specifically that isn't also applied to any other one here maintained and operated by the same groups of people. It doesn't make a difference if the GB is moderated or not.

Take it up with the site owners then.

 

[Proximus]

Geez... Just 'host' the pics on one of the many free adult image hosting sites and post links here. Then, everyone is happy.

The rules state that they cannot be legally hosted here. But you can link pretty much anything you want.

Hope this helps!

 

[Hamster]

Danger, Will Robinson!!!

Be careful of what you are asking for here. The world is not a perfect place and I suppose Lit is trying to do the minimum that they think is reasonable and still keep the site viable. If Lit is moderating THIS forum and not others, there is the possibility that 1) they will moderate THIS one MUCH more closely, and 2) they will moderate the unmoderated forums and freeze out all of the most interesting content.

 

[whome1952]

While the law may be too broad in the way it is written, it is like every other law. It is only effective when it is enforced.

Think of the moderators on lit as traffic cops, they will concentrate their efforts in the areas most likely thta the law would be broken. Hence the emphasis on the Amature thread.

Also like traffic cops, one will let you pass even when you exceed the limit, others will stop you just on principle, or because their wife kept her legs closed the night before.

Rules and laws are blind and in some cases stupid. Live with them or break them. But always be aware of what breaking them means.

Never expect logic or consistancy when it comes to rule/law enforcement.