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12:26 PM EST, Wednesday Dec 30, 2009
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Legality of Escort Sites? |
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I would like to create an adult escort site similar to what you would find in the adult entertainment section of Backpage.com that also contains a review section similar to TheEroticReview.com. Some webhosting companies I've investigated prohibit all adult content while others merely prohibit "anything illegal." Would a site that provides ads posted by escorts be considered "illegal?" I suspect it would but one _could_ argue that the ads themselves are not illegal, just the conduct that could occur as a result of someone responding to an ad.
Can anyone tell me if a webhosting company that prohibits anything illegal would take such a site down? Also, can anyone recommend any webhosting companies in the U.S. that would allow me to run such a site?
Thanks.
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02:11 PM EST, Wednesday Dec 30, 2009
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A few people you can talk to about this... Silvia at lovings.com , Dena Renee at Eros guide and Erin at Myhoneysuckle.com
_________________
Talk to me about advertising on YNOT! Get your product in front of the eyes of thousands of Webmasters every day!
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02:25 PM EST, Wednesday Dec 30, 2009
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Thanks. So if I were just to send an email to the webmaster at those sites or click their "Contact Us" link and address my message to the names you gave, they might answer my question? Also, would they be likely to give me good information given the fact that I would want to compete against them?
Thanks.
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02:50 PM EST, Wednesday Dec 30, 2009
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I can't imagine why any adult hosting company would refuse to host your escort website as long as you don't put any language on the site that overtly suggests that it is a sex for cash service.
Do what everyone else does and pitch the site as a 'dating' site.
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03:02 PM EST, Wednesday Dec 30, 2009
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I can't speak on behalf of what they would or wouldn't tell you. I'm friends with all of them and figure that they are good contacts to have and who knows.... might even be biz opps for you and them.
_________________
Talk to me about advertising on YNOT! Get your product in front of the eyes of thousands of Webmasters every day!
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09:33 PM EST, Wednesday Dec 30, 2009
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I have an escort/massage parlour website called http://www.escortsexvideos.com that I advertise on backpage. My hosting company is OK with it.
Tropicool
| libertinelife wrote: | I would like to create an adult escort site similar to what you would find in the adult entertainment section of Backpage.com that also contains a review section similar to TheEroticReview.com. Some webhosting companies I've investigated prohibit all adult content while others merely prohibit "anything illegal." Would a site that provides ads posted by escorts be considered "illegal?" I suspect it would but one _could_ argue that the ads themselves are not illegal, just the conduct that could occur as a result of someone responding to an ad.
Can anyone tell me if a webhosting company that prohibits anything illegal would take such a site down? Also, can anyone recommend any webhosting companies in the U.S. that would allow me to run such a site?
Thanks. |
_________________
========================
Visit http://www.PornTrafficBlog.com
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04:49 AM EST, Thursday Dec 31, 2009
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In most parts of the US and many parts of the world, the "promotion" of prostitution is a crime. The only case I can remember where it was ever tried to enforce a prostitution statue against a publisher was with Screw magazine. The obscenity charges went forward but the judge through out the "promotion" attempt immediately.
The Publisher is not promoting prostitution by allowing 3rd parties to advertise escorts services. Unless it is you OWN house of prostitution you are advertising and you actually write an ad "intercourse: 1/2 hour $100, 1 hour $175, 2 hours $250" you have done nothing to promote prostitution.
1) Escort agencies exist because it is extremely difficult to prosecute them. The theory is they are simply setting up a date. If the consenting adult couple has sex, it is perfectly legal.
2) freedom of the press includes the advertising.
There are numerous "legit" publications carrying escort ads. The Village Voice in New York is owned by Hartz Mountain-the pet food company-it has a large section of escort ads. Hartz Mountain has absolutely no need for the few extra bucks and definitely they don't need the negative PR that could come from a prostitution prosecution.
New York magazine-I don't remember which huge publisher owns it, all the "Time Out" magazines and even the Yellow Pages carry escort ads because as long as they are worded correctly, the publisher is not involved. The publisher is a 3rd party and not responsible for the content.
Maybe someone will remember better than I, but there was a local prosecutor that attempted to take Craig's list to court over this exact topic. Of course Craig's list had to defend itself but as I recall it was immediately thrown out of court.
As long as it's not your escort agency and none of the ads are actually advertising sex, there is nothing deep enough into the gray area of the law to invite prosecution. THAT is what matters-not whether it's illegal but whether you can be prosecuted.
The more questionable part is the "reviews." If one writes: "this agency has very beautiful girls" what does that mean? If a reviewer writes:" I went to this site to find a prostitute, XXX Agency sent me Ginger who fucked me in thirteen positions and let me cum twice for $300" you open a door that may allow a DA to walk through. It's extremely doubtful he could win a case but the price you will pay is in defending yourself.
Regardless, you can not avoid sitting down with a lawyer and having them make the parameters under which advertising can be accepted and how to handle reviews and other things. You should also actually have him review the wording and content of the site if you want to be 99% safe which is as close as you'll ever get.
_________________
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06:49 AM EST, Thursday Dec 31, 2009
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| davilan wrote: | THAT is what matters-not whether it's illegal but whether you can be prosecuted.
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A very informative post.
Hmmm. An escort service featuring hot college chicks and jocks... I like it! I'm going to add it to my list of new things to try in 2010. Pimping would be a new thing for me so I need to do lots of research.
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12:32 PM EST, Thursday Dec 31, 2009
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| davilan wrote: |
Maybe someone will remember better than I, but there was a local prosecutor that attempted to take Craig's list to court over this exact topic. Of course Craig's list had to defend itself but as I recall it was immediately thrown out of court.
...
As long as it's not your escort agency and none of the ads are actually advertising sex, there is nothing deep enough into the gray area of the law to invite prosecution. THAT is what matters-not whether it's illegal but whether you can be prosecuted.
The more questionable part is the "reviews." If one writes: "this agency has very beautiful girls" what does that mean? If a reviewer writes:" I went to this site to find a prostitute, XXX Agency sent me Ginger who fucked me in thirteen positions and let me cum twice for $300" you open a door that may allow a DA to walk through.
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As I recall there were a few different jurisdictions going after craigslist lately.
Craigslist agreed to remove the escort section. After the
publicity died down, they added the new "adult services"
section.
The net effect then, was that the category was renamed,
craigslist got bad publicity, and they probably spent quite
a bit of of money on lawyers, lots of wasted time and stress, etc.
So far, they seem to have "won", but they certainly didn't enjoy it.
| Quote: |
THAT is what matters-not whether it's illegal but whether you can be prosecuted.
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If a host says "nothing illegal", it's up to them what matters,
and advertising prostitution is illegal. Done right, it's
hard to prove, but still illegal. Besides hosting and such,
obviously getting convicted is what matters most - I
knew a guy who is now in prison for promoting prostitution.
ANYONE can be prosecuted, if the prosecutor doesn't
mind prosecuting a case they are unlikely to win, such as
in the craigslist cases. How much that matters to you
depends on your situation. If you live in a small town
where your family has lived for generations and you
also run a business there, you probably don't want everyone
in town talking about you being accused of running a prostitution ring (that's how things get overstated).
_________________
Strongbox, the next generation site security:
BetterCGI.com
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11:45 PM EST, Sunday Jan 03, 2010
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From a practical POV -- why be a target?
n+y+attorney+general+%2B+craigslist
“...[And,] in fact, it appears that Craigslist has, indeed, been pressured into agreeing to monitor postings on its websites to try to prevent prostitution ads. 39 other Attorneys General joined in with Blumenthal, so it's of little surprise that Craigslist agreed to do this, even though it seems pretty clear that the law was on its side. As a service provider, it is in no way responsible or liable for the content placed on its site. The law and various court rulings are pretty clear on that, but when you have 40 Attorneys General gunning for you, painting you as a proponent of prostitution, sometimes it makes sense to cave. ... ”
Craigslist Pressured Into Policing Ads For Prostitution
_________________
Live Sex Cams XloveCam.com Adult Affiliate Program - AWCM - 30% Lifetime Revenue Share +more ...
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11:54 PM EST, Monday Jan 04, 2010
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Thanks everyone for your thoughtful responses (except maybe for porngod;). After doing some research, I'll probably just go with a company that's already hosting an escort site and that provides VPS or dedicated hosting. That way I can build the server myself and use whatever technologies I want. I think it might be a good idea to consult with an attorney before I get started just so that I cover my bases. Anyone know of any good attorneys in southern California that are well-regarded by the adult industry?
Thanks again.
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04:53 AM EST, Sunday Feb 21, 2010
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| davilan wrote: | In most parts of the US and many parts of the world, the "promotion" of prostitution is a crime. The only case I can remember where it was ever tried to enforce a prostitution statue against a publisher was with Screw magazine. The obscenity charges went forward but the judge through out the "promotion" attempt immediately.
The Publisher is not promoting prostitution by allowing 3rd parties to advertise escorts services. Unless it is you OWN house of prostitution you are advertising and you actually write an ad "intercourse: 1/2 hour $100, 1 hour $175, 2 hours $250" you have done nothing to promote prostitution.
1) Escort agencies exist because it is extremely difficult to prosecute them. The theory is they are simply setting up a date. If the consenting adult couple has sex, it is perfectly legal.
2) freedom of the press includes the advertising.
There are numerous "legit" publications carrying escort ads. The Village Voice in New York is owned by Hartz Mountain-the pet food company-it has a large section of escort ads. Hartz Mountain has absolutely no need for the few extra bucks and definitely they don't need the negative PR that could come from a prostitution prosecution.
New York magazine-I don't remember which huge publisher owns it, all the "Time Out" magazines and even the Yellow Pages carry escort ads because as long as they are worded correctly, the publisher is not involved. The publisher is a 3rd party and not responsible for the content.
Maybe someone will remember better than I, but there was a local prosecutor that attempted to take Craig's list to court over this exact topic. Of course Craig's list had to defend itself but as I recall it was immediately thrown out of court.
As long as it's not your escort agency and none of the ads are actually advertising sex, there is nothing deep enough into the gray area of the law to invite prosecution. THAT is what matters-not whether it's illegal but whether you can be prosecuted.
The more questionable part is the "reviews." If one writes: "this agency has very beautiful girls" what does that mean? If a reviewer writes:" I went to this site to find a prostitute, XXX Agency sent me Ginger who fucked me in thirteen positions and let me cum twice for $300" you open a door that may allow a DA to walk through. It's extremely doubtful he could win a case but the price you will pay is in defending yourself.
Regardless, you can not avoid sitting down with a lawyer and having them make the parameters under which advertising can be accepted and how to handle reviews and other things. You should also actually have him review the wording and content of the site if you want to be 99% safe which is as close as you'll ever get. |
What about the 2257 regulation. Do you need to have photo id etc.. for every girl that puts her ad on your site?
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