I hope this is the right area for this question...

I've started up an 18+ forum (reason is because, although you wouldn't know it from my posts here, I'm actually kind of addicted to sex and really need a place to vent). Anyway, for most of the forum I've disabled attachments, but there are a couple places where people can attach jpegs and gifs.

Now, the problem is obviously that some kinds of things are not allowed even on adult hosts. I might as well just say that I'm worried someone will post some kiddie or bestiality porn, etc. Right now I have it so that posts in those areas are moderated, but I need to come up with a better solution (such as moderating only posts with attachments as well as a "trusted" users group who can post without moderation).

Not really asking for legal advice, but my actual questions are these:

1. If something like that happens, can I just delete the offending material or is that "destruction of evidence" or something?

2. Do I have to report it anywhere or can I pretend it never happened?

3. Does anyone know what my own civil or criminal liability could be and in what circumstances?

4. Would hosting in a foreign country (Canada, in my case) give me a little bit of protection or change what's required of me in any way?

5. Does anyone have any actual experience with this?

suspected child porn gets reported at http://www.asacp.org/page.php along with the date, time and posters IP.
It very rarely will be real child porn, contrary to popular belief they don't use public websites.

Anything else, just delete it if you don't allow it.
There are some strange people out there who will post anything anywhere, keep the moderation on guest posting and members who haven't earned your trust.

Don't let anyone not in a "Trusted" (Custom) usergroup post pictures..

Thanks for the replies, guys. I haven't had any problems yet, but obviously has worried me because I have heard stories (e.g., a mod on one of the other forums I read that isn't even adult said that they had had incidents with people posting CP), and I always wondered what one's legal requirements are vis-a-vis disabling access, preserving the server state as evidence, and reporting it.

I will definitely keep moderation on for random people who just start up until I can tell that I won't have problems from them.

Anyway, it seems as if I can simply delete the content and report them. If the various stuff I have going begins making enough money where it makes sense to incorporate, I will in the process talk to an attorney about my concerns.

Oh, also make sure to get yourself a lawyer now, and not when you need it. Make sure that they will support you and not your site, you need to make sure that you will not be charged for "possession" of CP if a user uploaded the material.

You can always buy a new domain/hoster, but you CAN'T buy a clean (criminal) record.

Just an fyi.

If you're worried that you're destroying evidence, why not implement something like a "trash bin" on the forums. So that instead of deleting threads and posts, they'll be sent to that bin. Of course, you'll be the only one who has access to the bin itself.

Originally Posted by andrei155

If you're worried that you're destroying evidence, why not implement something like a "trash bin" on the forums. So that instead of deleting threads and posts, they'll be sent to that bin. Of course, you'll be the only one who has access to the bin itself.

Because then a prosecution lawyer could say that he was "keeping" all that illegal porn for himself or to sell on the back market. (I know your not going to Alan, i just like to go to extremes.)

I doubt a prosecutor will make such remarks about a "Trash Bin". He'll lose his job really, really fast.

I'm actually reading through the U.S.C. right now and starting to get a little worried, not just about CP, but about adult content in general. It seems as if a forum operator would fall under a "producer" by (2)(A)(iii) under U.S.C. 18 sec. 2257, but either (2)(B)(ii) or (2)(B)(v) would exempt them from 2257 records-keeping requirements...

http://www.law.cornell.edu/uscode/ht...7----000-.html

I think they make this stuff complicated because most US senators are lawyers and want to keep their brethren in business.

Cant u just have a sticky post which is basically your desclaimer?
Also when people register you can have text come up that they have to agree to when registering.
And if anyone posts illegal content, just take a screenshot with that pic and their post or their stats with IP address and username. then delete the freaken user and report them and attach the screenshot pic with ip tracking info.

Well, ASACP very explicitly says NOT to send them any CP. But here's something kind of interesting that I turned up:

(d) Affirmative Defense.— It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant— (1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof— (A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.

Subsection (a)(5) is knowingly possessing any book or picture of CP. So it looks like if I know that someone posted CP, etc., all I have to do is take reasonable steps to destroy it. And then probably clear my browser cache.

Incidentally, here's the thing that sparked this conversation:

http://blog.ning.com/2008/12/the-end...-district.html

Basically, Ning is discontinuing allowing adult social networks, and one of the reasons they give is:

By having legal adult social networks on Ning, we’ve seen a rise in volume of illegal adult social networks. We are always going to do the right thing as it pertains to social networks that are illegal or violate our Terms of Service. That’s non-negotiable. However, the time involved in reporting and assisting the authorities on illegal adult social networks is simply too time and cost intensive for the benefits derived by having adult social networks on Ning.

That bit about reporting and assisting the authorities made me think that there was a legal requirement to report and preserve evidence, and I don't really have the resources or time to do that myself, either.

Alan, I think that you need to plan your time and sources and if you really do not want to do that do not do that and try to find just another way to go

Originally Posted by aschwa

I'm actually reading through the U.S.C. right now and starting to get a little worried, not just about CP, but about adult content in general. It seems as if a forum operator would fall under a "producer" by (2)(A)(iii) under U.S.C. 18 sec. 2257, but either (2)(B)(ii) or (2)(B)(v) would exempt them from 2257 records-keeping requirements...

What about DMCA? Content hosts (that doesn't refer to the "webmaster" meaning of the term host) are not liable for things their users do in automated fashion without their knowledge. How does Craigslist get around this, with all the sex content they host?