Hello guys. I am thinking about getting image hosting website, which will support both adult and regular image hosting (site will be like tinypic). I am having TOS rules enabled about copyrights and will support "report abuse" button so if somebody complains I could easy remove reported image. I am also saying that user must own the copyright, or have permission from the copyright holder, for any images you upload to my website. I know that US has the 2257, which requires to keep a record of every person appearing on any adult website. In my case of user uploaded content I wont be able to have those records. Does this rule is applicable for such a site like mine? Which place is better and more reliable for this idea, Onshore or Offshore? What else problems could I face with this type of website?
If you are physically located in the US, you are bound to US laws regardless of where you host your site. If you are not located in the US but you host within the US, you may be bound to US laws. There is currently an injunction out against 2257, and there hasn't been any news in years. Records checks have stopped since then, but that doesn't mean everyone has stopped keeping paperwork in order. It is still up in the air whether or not 2257 applies to dating and exhibitionist sites, but the feeling is that service providers are exempt. As an image host you probably classify as a service provider, but I wouldn't blatantly advertise that XXX content is allowed.
It can, and certainly does still happen. There are obscenity prosecutions in every country. If you think publishing porn is as safe as displaying photos of kittens, you are mistaken.