I was curious about this code, so I looked it up. I think this is the one we are talking about here:
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html
a. "Whoever produces any book, magazine, periodical, film, videotape, or other matter which contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct... shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction."
However, note H3:
"the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted;"
Now I suppose a case could be made that this site is "arranging for the participation of the performers depicted." However I think it is pretty weak. This is a collection of private people offering their personal photos of themselves of their own accord.
I wonder if the mods have read this and what their opinion is on it.
I think the gist of the law is to make sure people are 18+ when they are hired to do pornography.
I wonder if some simple request that, "If you choose to post here, in a pornographic way, you must be 18 years or older," would be legally OK.
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html
a. "Whoever produces any book, magazine, periodical, film, videotape, or other matter which contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct... shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction."
However, note H3:
"the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted;"
Now I suppose a case could be made that this site is "arranging for the participation of the performers depicted." However I think it is pretty weak. This is a collection of private people offering their personal photos of themselves of their own accord.
I wonder if the mods have read this and what their opinion is on it.
I think the gist of the law is to make sure people are 18+ when they are hired to do pornography.
I wonder if some simple request that, "If you choose to post here, in a pornographic way, you must be 18 years or older," would be legally OK.