Obscenity and Adult Websites

A friend sent me an interesting article on adult websites and the new FBI anti-obscenity task force, which among other things lists sites with “sadistic or masochistic behavior” as being potential targets. I started reading and thought, “Oh my God, I’m going to end up in jail!” But I quickly got over my hysteria. Most likely, I’m probably pretty safe – my website shows fully clothed t-girls bound and gagged, has no sex or genitals, and I keep my model releases and records in order (for the so-called 2257 regulations).

But the scary thing is that no one really knows what the Feds may choose to go after. I sure don’t know. Is bondage material considered “sadistic or masochistic?” Probably so, even though the things I’m into seem pretty tame compared to a lot of other stuff that’s out there. But obviously it would be a nightmare to come under scrutiny from the FBI. The author of the article, Sensuous Sadie – who has a nice website of her own with her writings on BDSM subjects – offers some suggestions for making a website less “obscene.” She makes the point that each person who runs a website has to weigh their own tolerance for risk and act accordingly. I thought it was an interesting article that describes the situation very well. Here’s a quote from the beginning (with my emphasis added):

“In September of 2005, the FBI formed an anti-obscenity task force to crack down on pornography. Any website that has content containing “bestiality, urination, defecation, as well as sadistic and masochistic behavior” can be shut down. Not only can the FBI shut down your website, but they can initiate a criminal prosecution for obscenity, which is a felony and is punishable by jail time. It is this criminal charge that is the most challenging problem for any website owner, because once you are charged by the FBI with the federal offence of obscenity, you are pretty much screwed because the legal costs of defending yourself create an untenable situation.”

Pretty scary-sounding stuff. Of course, we can’t all live in fear. If you’re not doing anything illegal, you take reasonable precautions, and you can live with any potential risks, then I think there’s no reason to change what you’re doing. There are too many people out there who don’t want you to express who you are and who would prefer to criminalize nearly all adult material. This can’t be. It’ll be interesting to see any future developments, and how soon or how long it’ll take for the current political climate to shift.

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