Expert: Jim Boyd - 8/25/2008

Question
QUESTION: In the context of "USC Title 18 Section 2257," do visitors to a website have anything to worry about if they are uncertain the status of a website they have visited?

Is this law concerned solely with publishers/distributors/any one not a customer or visitor/etc?

ANSWER: Hi Tatum,

USC Title 18 Sections 2256, 2257, 2258 and CFR Title 28 Part 75 do not affect the visitors to a website in any particular way. These laws require companies that produce adult material to maintain very specific identifying record on ALL of the performers. The laws also dictate the length of time those records are to be maintained, the manner in which they are to be kept and allow for unannounced inspections of those records by Federal Authorities at any time.

HOWEVER, website visitor ARE directly affected by USC Title 18 Sections 2251, 2252 and 2252A.

These laws basically say that if someone visits a website that ignores the above Laws or that engages in displaying content of underage performers, then they could be charged with “receiving and/or transmitting child pornography” as defined by Federal Law. A conviction on such a charge would mean a 15 – 30 year sentence in Federal Prison.

These Laws also make failing to report such websites (if you should inadvertently happen across one) to the proper authorities a crime punishable by up to 5 years in Federal Prison.




---------- FOLLOW-UP ----------

QUESTION: Mr. Boyd,
Thanks for your prompt reply. If the website visited does not actually hold records regarding USC Title 18 Section 2257 and states that the site is a "distributor" of content (an existing loop hole as I understand) and that those depicted are clearly above the age of 18, than what is the likely hood of any conviction for the visitors? Those are hefty penalties by law as you explain but how many prosecutions are actually carried out, etc?

Thank You,
T.

Answer
Do not let yourself be fooled into thinking there is a loophole. ALL sites are required by Federal Law to comply with the legalities of 2257. Web site owners are considered “Secondary Producers” under the Law and are therefore responsible for properly maintaining the proper documentation as required by Federal Law. Even site owners who purchase all of their content from outside sources are required to obtain the necessary information from the seller, and those sellers are legally obligated to provide those records.

The fact that a performer is “clearly above the age of 18” is absolutely irrelevant under the Law. Federal Law REQUIRES these records be collected and maintained regardless of the age of the performer. Fail to provide the proper records on a performer(even if she is obviously in her 30s)and you may just find yourself in Federal Prison for the next 5 years.

The odds that a visitor will be prosecuted for visiting web sites that engage in displaying underage content are actually pretty high. Several Federal Agencies and volunteer groups are always on the lookout for such sites and are all too happy when they can take down a few visitors along with the owners. My own daughter happens to be a member of one of the foremost volunteer organizations who locate track and report site sites and when possible...its visitors.

Bottom line...Web surfers ARE responsible for their own actions and visiting a site that ignores U.S. Federal Laws, or that outright supplies underage content, could land visitors in prison for a very long time...as it should.

To report site you suspect are distributing child pornography please visit the Association of Sites Advocating Child Protection (http://www.asacp.org). There you will find a link to a form where you can provide information to investigators.