Lesson #04 TITLE 18 Compliance
Written By Titmowse

You may believe that adult entertainment is harmless and there’s nothing to fear from viewing it but you do not make or enforce law. Governments across the planet have their own codes concerning all things involving sexual commerce. It may be that you run a mere website filled with content you bought from someone else. It may be that you have no control over the imagery your sponsor serves up within the member’s areas of the paysites you promote. It may be that you’re just an average Joe but you are in a not-so-average business. What you do for a living is very serious to lawmakers the world over, especially US lawmakers.

The United States has a law named TITLE 18 US CODE and within it a chapter 110. This part of the law was designed to protect children from various sexually oriented crimes. Over the years the code has been amended and updated in order to adapt to social and technological evolution. The most recent additions to the TITLE 18 Code (most notably: Part 1> Chapter 110) have addressed the advent of porn, children and the Internet.

When the net exploded, US lawmakers began to regulate its negative influence on children. Unfortunately, while the World Wide Web blessed adults with private access to legal adult porn, it also enabled sex criminals a new way to conduct their scurrilous activities. The additions to the Title 18 Code we see being proposed and enacted today are a way to keep children safe from the seamier side of new technology.

Even though the US Department of Defense developed it, the Internet belongs to the whole world. Each country (and city) has their own laws covering sex and commerce and children and crime. One nation might deem the age of consent to be 16 while another will deem that age to be 18. One state will have an anti-sodomy law while the state next door will have no such regulation. A region will allow the shipment of adult materials within its borders but disallow the importation of such products from other countries.

Ultimately you are ruled by the laws of the town in which you live. You don’t have to adhere to US law if you’re not a US resident but we strongly suggest your site comply with US laws, especially TITLE 18.

The problem with the new TITLE 18 regulations is that they are being applied to an untried entity. Because the net is so fresh and is developing so quickly, very few people have yet been charged or taken to court over violations. No one really knows if the individual adult webmaster will be held legally responsible for the content and services offered on their site. If that set of gallery images you bought from an adult content provider turn out to be illegal, no one can say if the law will come after you. If your sponsor ends up in court for unlawful conduct, it’s entirely possible that you -the affiliate- might be charged as an accessory to crime.

Just because you didn’t create the dirty pictures doesn’t mean you’re exempt from responsibility. Just because it was your sponsor who broke the law doesn’t mean you are safe from prosecution. Knowing the law and whether or not your sponsors and content providers are compliant will insulate you against prosecution.

How do you know if your adult sponsors and content providers are compliant with TITLE 18?

Look on their website. The law requires that TITLE 18 information must be posted in a prominent and easy to find position on the main page of any page that presents adult material. Some sites will name the link “LEGAL” others with name the link “TITLE 18 INFO”. Look for and click the page and examine the text within carefully. The information must adhere to TITLE 18 Code>Part 1>Chapter 110>Section 2257> Record keeping requirements.

Models must be over eighteen and the site must have proof of such. The person who took the pictures is the custodian of records and their name and physical address must be displayed on the page. The content must adhere to the laws of the city, state or country of their creation as well as Title 18. If you look on your sponsor’s or content provider’s site and cannot find Title 18 info, don’t buy from or sign up with them.

TITLE 18 US Code is a long document. It’s filled with text that’s hard to discern but it’s advisable you read the pertinent part of the code located at:

http://www4.law.cornell.edu/uscode/18/pIch110.html

Once again, we at Cozy Academy strongly recommend you consult a lawyer familiar with adult Internet law before you commit to the responsibility of running a porn site. You need a professional assessment of the legality of your endeavors. It’s one thing to have good intentions, it’s another to be positive you are operating within the boundaries of the law.

Our favorite legal experts on adult Internet Law are AJ Comparetto and Lawrence G. Walters. Their websites are located at: AdultSiteLaw.com and FreeSpeechLaw.com respectively.