DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 03-30-2005, 09:18 AM   #1 (permalink)
Platinum Lifetime Member
 
Restecpa's Avatar
 
Name: Z
Last Online: 04-22-2009 02:40 PM
iTrader: (3)
Join Date: Mar 2003
Posts: 539
DNF$: 26
Location: EU


17 yr old girl posting erotic pictures

I have a question regarding minors posting their pictures on forums. There is this one forum with a section where you can post your picture in order to introduce yourself and see who you are chatting with.

Normally people just post a picture of their face etc, but this one girl posted a few pictures of her ass. It's a very nice one too, however she is 17 (judging by the info she provided) which makes her a minor. Of course other kids are loving it, but what I was wondering is, from the legal perspective, is this legal or not for us to host? Is admin / mod supposed to remove such pictures? Normally I wouldn't think about it as there is no policy against erotic pictures (as long as it's not porn) on that forum, however she is a minor so I thought I'd ask.

It's a forum with a pretty immature audience.. Most people being 15 - 20 I guess.

No body parts such as nipples or "holes" are visible, if this makes any difference.
__________________
||| TraceRT |||
||| Fitness Community |||
Restecpa is offline   Reply With Quote
Sponsored Ads
Old 03-30-2005, 09:35 AM   #2 (permalink)
Administrator
 
DotComGod's Avatar
 
Name: Adam Dicker
Last Online: Today 11:27 AM
iTrader: (39)
Join Date: Feb 2003
Posts: 10,754
DNF$: 4,589,427
Location: Toronto, Canada
Country:

Send a message via MSN to DotComGod

Re: 17 yr old girl posting erotic pictures

Ask the forum owner what they think, its their call.

But we do not accet asstars here. lol

-=DCG=-
__________________
sm.com - Sports Maniacs!
The Ultimate Sports Website!
Official Launch December 1st, 2009
DotComGod is online now   Reply With Quote
Old 03-30-2005, 09:45 AM   #3 (permalink)
Platinum Lifetime Member
 
Restecpa's Avatar
 
Name: Z
Last Online: 04-22-2009 02:40 PM
iTrader: (3)
Join Date: Mar 2003
Posts: 539
DNF$: 26
Location: EU


Re: 17 yr old girl posting erotic pictures

Forum owner is a friend of mine and he asked me to look into this. He said that if it were a 14 yr old girl for example, he would've removed it at once. But since you are allowed to have sex once you're over 16 (in the eyes of the law) and this is far from that, he doesn't find it objectionable. Afterall it's just a few bare ass pics, you can see more flesh if you turn on MTV.

I know we all might have different personal views on this matter, but what I'm really interested in is how this is considered by the law. Thanks
__________________
||| TraceRT |||
||| Fitness Community |||
Restecpa is offline   Reply With Quote
Old 03-30-2005, 10:49 AM   #4 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Re: 17 yr old girl posting erotic pictures

They're in a grey area ... they need to ask themselves "Would the average person consider the ass pictures to have any sexual connotations?"

If any doubt, the pictures should come down.

Nude images of minors are *not* automatically child porn - nudism is legal.

The age of consent, here in the U.S., most often does *not* matter in regards to child porn - for example, in many U.S. states, it's legal for one to have sex with a 16 year old, it's still illegal for them to possess/distribute "sexual poses" of persons under age 18.

But it gets more tricky ... *non*-nude pics of minors can in some instances be considered child porn *depending on intent* ... thought crime has long existed in the U.S. when it comes to child porn, since in some instances, it comes down to the eye of the beholder.

In the particular situation you describe, the biggest threat is likely not the police, etc, but rather the parents of the 17 year old in the pictures possibly finding them and complaining and causing the webmaster grief and hassle.

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!

Last edited by Domagon; 03-30-2005 at 10:52 AM..
Domagon is offline   Reply With Quote
Old 03-30-2005, 01:06 PM   #5 (permalink)
DNF Addict
 
GT Web's Avatar
 
Name: Daniel
Last Online: 10-25-2009 04:41 PM
iTrader: (24)
Join Date: Feb 2003
Posts: 6,910
DNF$: 9,193
Location: Vancouver, Canada
Country:

Send a message via MSN to GT Web

Re: 17 yr old girl posting erotic pictures

Quote:
Originally Posted by DotComGod

But we do not accet asstars here. lol

-=DCG=-

Darn it!

Where do I post the photos of myself then?
__________________
GT Web is offline   Reply With Quote
Old 03-30-2005, 01:26 PM   #6 (permalink)
Philadelphia Lawyer
 
jberryhill's Avatar
 
Last Online: 09-18-2009 01:17 AM
iTrader: (1)
Join Date: Oct 2002
Posts: 2,987
DNF$: 6,350

Send a message via ICQ to jberryhill

Re: 17 yr old girl posting erotic pictures

Quote:
Nude images of minors are *not* automatically child porn - nudism is legal.
Per usual, Ron is correct. Most state laws concerning this subject use words such as "lascivious" to denote images having a primary sexual, rather than purely anatomical or artistic aspect. It is not whether certain naughty bits are show, but how they are shown.

However, given the nature of the forum, and the fact that it may effectively be "present" in several states, your friend is risking extremely serious consequences for what may be a razor thin judgment call. Getting back to "how they are shown", it is not as if you are publishing a textbook on pubescent development. The photograph is part of the entire context in which the commentary accompanying or inspired by the photograph renders the context to be sexually suggestive.

Furthermore, consider 18 USC 2257:

http://straylight.law.cornell.edu/us...7----000-.html

and yes, "other matter" does include the internet. That statute begs the question of what is "sexually explicit conduct". For that we have 18 USC 2256:

http://straylight.law.cornell.edu/us...6----000-.html

2) “sexually explicit conduct” means actual or simulated—

(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;

After wading through all of that, say to your friend, "Hey, what's the worst thing that can happen? The maximum federal penalty for a violation defined by all that verbiage is only two years."

You want the short answer? Take it down.
__________________
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
jberryhill is offline   Reply With Quote
Old 03-30-2005, 01:41 PM   #7 (permalink)
Master of the cave
 
fryman04's Avatar
 
Last Online: 11-13-2009 06:34 PM
iTrader: (4)
Join Date: Jul 2004
Posts: 780
DNF$: 92
Location: Mexico
Country:

Send a message via AIM to fryman04

Re: 17 yr old girl posting erotic pictures

I guess the only way we can figure this out is if you post a link to the picture...
fryman04 is offline   Reply With Quote
Old 03-30-2005, 02:44 PM   #8 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Re: 17 yr old girl posting erotic pictures

I think I found the pics ... only took a few minutes of searching ... assuming the forum name start with an "E", the user name begin with a "S", and it's three pics you're referring to (in first post of the thread) - pretty sure I found them ... in addition, the thread there has turned into a legal discussion similar to that in to this thread.

Assuming for a moment I've found the correct thread, my *layman's* opinion is that they are not child porn; law enforcement would very likely not concern themselves with the images in any event - they're very tame and similar to what one sometimes sees on TV or at the beach.

To be clear, I'm not totally certain I've found the correct images, but if I have, the webmaster doesn't have much to fear at the moment, but at minimum keep an eye on the situation; ideally delete the images so as to discourage others from posting similar images of minors themselves leading to more explicit images, etc ... that's when the webmaster will have to truly worry - better for them to forestall problems now by being proactive in such situations - ie. deleting/restricting posting of such images.

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!
Domagon is offline   Reply With Quote
Old 03-30-2005, 04:27 PM   #9 (permalink)
Platinum Lifetime Member
 
Restecpa's Avatar
 
Name: Z
Last Online: 04-22-2009 02:40 PM
iTrader: (3)
Join Date: Mar 2003
Posts: 539
DNF$: 26
Location: EU


Re: 17 yr old girl posting erotic pictures

Quote:
Originally Posted by valuenames
I think I found the pics ... only took a few minutes of searching ... assuming the forum name start with an "E", the user name begin with a "S", and it's three pics you're referring to (in first post of the thread) - pretty sure I found them ... in addition, the thread there has turned into a legal discussion similar to that in to this thread.

Assuming for a moment I've found the correct thread, my *layman's* opinion is that they are not child porn; law enforcement would very likely not concern themselves with the images in any event - they're very tame and similar to what one sometimes sees on TV or at the beach.

To be clear, I'm not totally certain I've found the correct images, but if I have, the webmaster doesn't have much to fear at the moment, but at minimum keep an eye on the situation; ideally delete the images so as to discourage others from posting similar images of minors themselves leading to more explicit images, etc ... that's when the webmaster will have to truly worry - better for them to forestall problems now by being proactive in such situations - ie. deleting/restricting posting of such images.

Ron
Yes Ron, that's the forum I'm refering to. Thanks for your understanding and not posting the url here (thus respecting webmasters privacy) I was asked not to disclose the url, at least not until this issue is taken care of.

There are 2 more pictures in that very thread - pages number 3 and 4, if you don't mind checking them out and giving your opinion whether those seem "worse" than the first 3.

I greatly appreciate your insight, as well as John Berryhills contribution, who gave me some very interesting information and references for further reading. Thank you both!
__________________
||| TraceRT |||
||| Fitness Community |||
Restecpa is offline   Reply With Quote
Old 03-30-2005, 05:03 PM   #10 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Re: 17 yr old girl posting erotic pictures

Saw those pics as well - that's where the "esculation" part I speak of comes in ... over time, if left unchecked, folks will likely post more explicit images and that's more likely when the forum is going to run into serious legal problems.

As of now, in my *layman's* opinion, none of the pics are clear-cut child porn in themselves ... they could possibly be construed by some to be; "soft" child porn, in particular, is highly subjective.

In a nutshell, the webmaster(s) of that forum, in my layman's opinion, don't need to necessarily delete the pics at this very moment, but should definitely be on the look out for much such pics, especially if more explicit - that's when they will have to take some action for sure.

With that said, many folks will suggest, and rightly so, the easy, "safe" answer of the webmaster deleting the pics; for completeness, deleting her faceshot(s) she posted in other thread(s) in the past.

As of now, I don't see it as a panic situation, but one that at minimum should be monitored by the webmaster, in particular, more similar/more explicit postings.

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!
Domagon is offline   Reply With Quote
Old 03-30-2005, 08:03 PM   #11 (permalink)
Philadelphia Lawyer
 
jberryhill's Avatar
 
Last Online: 09-18-2009 01:17 AM
iTrader: (1)
Join Date: Oct 2002
Posts: 2,987
DNF$: 6,350

Send a message via ICQ to jberryhill

Re: 17 yr old girl posting erotic pictures

Quote:
Assuming for a moment I've found the correct thread, my *layman's* opinion is that they are not child porn; law enforcement would very likely not concern themselves with the images in any event - they're very tame and similar to what one sometimes sees on TV or at the beach.
There is a world of other issues. Younger sibling tells mom or dad... mom or dad go ballistic...

Bottom line, you're dealing with minors. If you draw a clear line well above the level of potential trouble, then you can avoid subjective line drawing issues later on.

Quote:
But since you are allowed to have sex once you're over 16 (in the eyes of the law)
Stay out of Delaware.
__________________
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.

Last edited by jberryhill; 03-30-2005 at 08:08 PM..
jberryhill is offline   Reply With Quote
Old 03-30-2005, 09:01 PM   #12 (permalink)
No Avatar
 
Last Online: Today 11:16 AM
iTrader: (87)
Join Date: Mar 2003
Posts: 4,413
DNF$: 6,593
Location: Washington,DC


Re: 17 yr old girl posting erotic pictures

If there is this much "yes, no or maybe",
I would pull the pictures and error on the side of caution.

As John mentioned, all you need is for the parents to go ballistic.
Then, you might have civil and criminal action.

And, Since the whois info is public knowledge. Do you want to take that
one chance in a million that the father might coming looking for the owner?

Ok. That is all of the negatives.

Now, what is the upside advantage of keeping the pictures on the site?
__________________
Act Now


Twitter - dotcomgroup
actnow is online now   Reply With Quote
Old 04-01-2005, 06:17 PM   #13 (permalink)
Platinum Lifetime Member
 
Restecpa's Avatar
 
Name: Z
Last Online: 04-22-2009 02:40 PM
iTrader: (3)
Join Date: Mar 2003
Posts: 539
DNF$: 26
Location: EU


Re: 17 yr old girl posting erotic pictures

I agree, there is really no upside as far as keeping them goes. Apart from free speech rights and ones right to post whatever he/she wants as long as it's not against forums TOS. While child porn is definatelly not allowed and would not be tollerated, I wanted opinions on this - whether this could be considered this way or not. It was nothing horrible if you ask me, yet some might not see it that way. What I really care about is law though.

Thread has been locked now and will probably be moved to a mod only area instead of being deleted, just so we can keep track of things in case we need it for any future reference.

Thanks for all the helpful comments people!
__________________
||| TraceRT |||
||| Fitness Community |||
Restecpa is offline   Reply With Quote
Old 04-01-2005, 08:00 PM   #14 (permalink)
Platinum Lifetime Member
 
domaindirk's Avatar
 
Last Online: 05-04-2006 03:31 PM
iTrader: (0)
Join Date: May 2002
Posts: 884
DNF$: 251
Country:


Re: 17 yr old girl posting erotic pictures

In matters such as this of this, I find that the answer is already found by the very reason for the question. And, that the individual asking the question usually knows the answer, but is looking for confirmation.

DD
domaindirk is offline   Reply With Quote
Old 04-01-2005, 10:06 PM   #15 (permalink)
Domain Buyer
 
DaddyHalbucks's Avatar
 
Name: Hal
Last Online: 11-18-2009 11:20 AM
iTrader: (57)
Join Date: Oct 2002
Posts: 2,730
DNF$: 120,139
Location: Las Vegas, USA
Country:


Re: 17 yr old girl posting erotic pictures

Most states allow sex at 16, so assuming this is one of those states, Your Daddy's suggestion is: just have sex with those 16 and 17 year olds, but don't take pictures!

__________________

www.ParkingCash.com
<==Click here

www.RingtoneCash.com
<==and here
DaddyHalbucks is offline   Reply With Quote
Old 04-01-2005, 10:31 PM   #16 (permalink)
WannaDevelop.com
 
mike031's Avatar
 
Last Online: Today 11:41 AM
iTrader: (64)
Join Date: Mar 2004
Posts: 3,174
DNF$: 19,396
Location: NY
Country:


Re: 17 yr old girl posting erotic pictures

Quote:
Originally Posted by DaddyHalbucks
Most states allow sex at 16, so assuming this is one of those states, Your Daddy's suggestion is: just have sex with those 16 and 17 year olds, but don't take pictures!


oh man.. you crack me up
__________________
Expiring Domain Lists @ DomainStryker.com
SnapNames, NameJet and GoDaddy.
mike031 is online now   Reply With Quote
Old 04-01-2005, 11:13 PM   #17 (permalink)
Former DNF Admin
 
MediaHound's Avatar
 
Name: Jarred
Last Online: Today 09:56 AM
iTrader: (83)
Join Date: Feb 2004
Posts: 4,923
DNF$: 11,114
Location: Florida
Country:


Re: 17 yr old girl posting erotic pictures

dont egg him on MC
__________________
Submit your domains here:
www.Bido.com/SubmitDomains
While you are on Bido please be sure to vote for the domains you want to see go to auction. Login and click the Vote tab.
MediaHound is offline   Reply With Quote
Old 04-02-2005, 05:00 AM   #18 (permalink)
Platinum Lifetime Member
 
Steen's Avatar
 
Last Online: 11-20-2009 04:31 PM
iTrader: (12)
Join Date: Mar 2003
Posts: 4,883
DNF$: 1,808
Location: White Rock, BC
Country:

Send a message via ICQ to Steen

Re: 17 yr old girl posting erotic pictures

Quote:
Originally Posted by DaddyHalbucks
Your Daddy's suggestion is: just have sex with those 16 and 17 year olds, but don't take pictures!
Perhaps I'm the only one, but I don't find that clever at all. Must be my lack of comprehension.
__________________

Get an eNom resellers account free and instantly,
click here - Automated Signup!
Steen is offline   Reply With Quote
Old 04-02-2005, 09:20 AM   #19 (permalink)
Former DNF Admin
 
MediaHound's Avatar
 
Name: Jarred
Last Online: Today 09:56 AM
iTrader: (83)
Join Date: Feb 2004
Posts: 4,923
DNF$: 11,114
Location: Florida
Country:


Re: 17 yr old girl posting erotic pictures

no your not, look up
__________________
Submit your domains here:
www.Bido.com/SubmitDomains
While you are on Bido please be sure to vote for the domains you want to see go to auction. Login and click the Vote tab.
MediaHound is offline   Reply With Quote
Old 04-02-2005, 09:34 AM   #20 (permalink)
DNF Addict
 
izoot's Avatar
 
Last Online: 10-31-2009 05:13 PM
iTrader: (1)
Join Date: May 2002
Posts: 1,083
DNF$: 3,486
Location: Chicago


Re: 17 yr old girl posting erotic pictures

Quote:
Originally Posted by DaddyHalbucks
Most states allow sex at 16, so assuming this is one of those states, Your Daddy's suggestion is: just have sex with those 16 and 17 year olds, but don't take pictures!


Hal..you never cease to amaze me with your posts.

Thats a great idea..support adults having sex with 16 year olds " just leave no evidence...apparently you have no children of your own to worry about...that or your a friend of Michael Jackson's.
__________________
http://www.TicketStub.com Do you have Sports, Theater, Music domains with traffic? PM me.
izoot is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
TheLowPriceDepot.com tmscheng Domains for Sale (Domain Sales) - Fixed Prices Above $100 0 01-28-2005 10:26 AM
all of my dnf$ for sign up and posting iIndo DNF$ Sales/Domain Auctions 0 01-18-2005 12:41 AM
Over 3000 Sex Domains For Sale impulse Adult Domain Sales and Domain Offers 15 12-16-2004 07:22 AM


All times are GMT -5. The time now is 11:58 AM.
Copyright @2001-2009 DNForum.com