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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 09-24-2011, 12:21 PM   #1
seductivesarah
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Are there any specifics that anyone knows about that should be on any adult site?
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Old 09-24-2011, 12:37 PM   #2
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If you are referring to a disclaimer that may be used to limit liability / culpability, there is not one specific statement that is an accepted industry standard. If the Website has content that is applicable (depictions of actual or simulated sexual activity), it will need to have a notice regarding records kept in compliance with TITLE 18 U.S.C. Section 2257, 2257a (as amended) and TITLE 28 C.F.R. Part 75.1 - 75.9. However, keeping and maintaining these records in accordance with the statutes is cost prohibitive and most outsource the records to a third party custodian / repository. It will also need to craft terms of service and an acceptable use policy / privacy policy that conforms with all 50 state requirements, and these change often (California for instance has specific requirements for what constitutes an acceptable use policy of ANY Website and these requirements change / are amended often by various agencies within California). It should also state that minors (from within the jurisdiction they view the material - as the age of majority varies from place to place) cannot access the Website . . . this is to comply with 15 U.S.C. §§ 6501–6506 (Pub.L. 105-277, 112 Stat. 2581-728, enacted October 21, 1998).

There are several service agencies online that will assist you in crafting one or all of these statements for a fee or you can do a bit of homework and usually cover all of your bases (but it may take you a good deal of time the first time out of the chute).

Aside from that, there is nothing that can be written that will disclaim a Website's owners from everything . . .

A lot of good information may be found here : http://www.asacp.org/ (specifically THIS- [click me] article outlining "best practices") and by reading the archives at AVN. However, NEITHER of these are complete, comprehensive step-by-step guides . . . if it is a "serious" adult Website, consult an attorney in adult entertainment law with an emphasis on the Internet.

Good luck!

Kisses,

- Jackie
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