Preface:
Please note that this is ONLY a personal opinion. I'm
not a lawyer. I don't have any inside information and I certainly don't
have a mole in any department of the government. Do what you feel is right
for YOU.
Current Model:
Current thinking offers that what adult magazines show
on the news stand is the "safe" standard for what to put on a free adult
web-site or on a non-protected part of a pay site. The thinking is (I gather)
that the magazine publishers will display only what is safe for the general
public to see and thus minimize their risk. While I agree with those that
offer this model, this probably the safest way to operate, I don't know
if the model offered is an accurate one.
An Alternate Opinion:
I have given this some considerable thought and have
come to the conclusion that the magazine at the newsstand isn't a fair
model for our (the web) line of business. What I consider a more accurate
model is what is pushed on satellite TV.
Think about it Like Sat-TV, our customers have an interface
that they use to seek out our service. Like Sat-TV, there are measures
with that interface that parents can take to block material they think
not fitting for their children to be exposed to. Unlike the newsstands,
the general passerby is not exposed to our service. They must seek us out.
We can offer blocking, not unlike cable boxes or TV with blocking. The
Internet, like TV signals, pass through all different local communities,
are available to all different communities. Those with "tight" local community
standards as well as those where anything goes. Sat-TV doesn't stop their
signal at certain zip code areas. The onus for maintaining their local
community standards lies with the viewer, not the originator of the signal.
The responsibility for keeping minors away from adult content also falls
where it should . . . with the parent or responsible adult. If parents
don't take appropriate precautions, their children will have access to
adult material. The same with Internet access. If parents don't take the
responsibility and precautions, their children MAY be exposed to material
that they don't approve of. So doesn't it seem that if are to use a model,
that Sat-TV rather than newsstand magazines, should be our model.
Given this, my thinking is that if I only carry content
on my site that is equal to worse that Sat-TV carries I'll as close as
possible, stay within the national community standards. If there is such
a thing as a country wide community standard, why wouldn't we think it
was whatever material Joe Blow in any town USA can access with the help
of a little Radio Shack hardware? I will, of course, be wise to stay within
the community standards of where I live so as not to invite a local politician
to make me his next campaign slogan, but otherwise, I'm thinking I should
be good to go.
What Can the Government do?
Absolutely anything they want to. Never forget that.
If they want you for some reason, they'll get you. If they can't get something
on you, they'll make it up. Think you're safe because you don't get caught
dirty? Ask the folks in jail now on planted evidence how safe you should
feel. Does this mean you might as well run wide open all the time? Hell
no. The more folks you offend the higher potential some special interest
group will call you to the attention of some elected official. Keep a low
profile, don't adopt a victim attitude and there's a fair chance they'll
skip over you on their way to the next guy.
A Final Caution:
Let me remind you that the above are my personal opinions.
They aren't the thoughts or opinions of any group or organization. I'm
not telling anyone they'll be "safe" if they follow this advice and I'm
certainly not recommending you base your business decisions on my personal
opinions. I'm simply offering it as a different point of view. Remember,
the old money of today was made by the bootleggers of yesteryear during
prohibition.
be well
- Khan
