Expert: Dan Pepper - 5/18/2010

Question
I am interested in starting an fantasy (escort) REVIEW service (key words are fantasy review). What legal issues would i be facing and how do i cover myself so i don't get slapped with a section 18 USC 2257 violation? I am planning on having a discussion forum where pictures can be posted by both service providers and the people who review them.

Answer
Capish,

I'd first recommend reading the USDOJ's 2257 Compliance Guide at http://www.justice.gov/criminal/optf/guide/2257-compliance-guide.html  Specifically:

Q. How does the rule apply to social networking sites?

A. Most social networking sites would not be covered by the rule because its definition of "produces" excludes "the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the communication." Social networking sites would not then normally need to comply with the rule's record-keeping requirements, labeling requirements, or be required to maintain information concerning their users, and the rule would therefore have no effect on the operations of the site. However, users of social networking sites who post sexually explicit activity on "adult" networking sites may well be primary or secondary producers. Therefore, users of social networking sites may be subject to the rule, depending on their conduct.

However, if your site promotes prostitution, you could be looking at other issues under your state's prostitution laws.