During the COPA trial, one of the main arguments from the prosecution was that 48 states already have “harmful to minors” laws on the books. Just because the federal law was knocked-down does not mean that a state law would not be upheld! States have many powers that the Federal government does not.During the COPA trial, one of the main arguments from the prosecution was that 48 states already have “harmful to minors” laws on the books. Just because the federal law was knocked-down does not mean that a state law would not be upheld! States have many powers that the Federal government does not. At the very least, it could end up costing you a small fortune in legal expenses. I am not trying to scare everyone, but it is important that you realize there are legal issues, some quite technical, that concern you. While states have not been enforcing their laws does not mean they will not do so! Check out this story.
As you can see, people can be arrested for having sex on the net! Your number one concern as an adult webmaster should be that minors will somehow get access to your site! Should their parents find out, they may contact authorities just as they did in the Florida case! While I am not aware of any Internet porn task-force seeking out porn sites (with the exception of child pornography), should local authorities be contacted concerning your site they may decide to take action.
I talked to a good friend of mine who ran an adult video store, and she gave me a great piece of advice. This is one business where the customer is always right because, she explains, “the absolute last thing you want is an irate customer calling the attorney general”. In order for a search warrant, the police must have “probable cause” and getting a call from an irate customer could be used as that! This is your main reason for having a “remove” list since you do not want to piss people off; if they ask to be removed then by all means save yourself a lot of hassle and remove them!
