Hi, I run a site that I launched in August 2006, a social networking site for people 18 and over. I allow uploading of nude photos. Unfortunately on a daily basis I see profiles where the people click that they are 18 to enter the site, enter a date of birth that is greater than 18 to register, but then in the profile they may mention being 16 or in some cases I've had to delete members who mentioned being several years younger than that. If I use some sort of adult age verification, then just the principle of having to go through an extra process that may cost money will probably result in no more user registrations. Due to the content of the site, we try to allow an anonymous relationship with our users. In other words we can't have members faxing their identification or anything because they don't want their personal information given out. We are nearing our 50,000th member soon, and as we grow I become more concerned that we will get shut down or something since underage people register against our guidelines. What can I do if anything to keep my 18+ site running into the future? I created a poll on my site to ask users what they think about us allowing xrated photos as opposed to sites like myspace which is pretty much an all ages site which doesn't allow this stuff. Within a day I had almost 400 members who voted saying they love the fact that we allow xrated material. Since 98% of the members who voted said the same thing, I'd hate to remove it from the site. Even if we did stop, the content is still adult in nature as the discussions include marijuana discussions, etc.
If you are based in the US, you need to speak with an attorney. There are many serious criminal laws that you may inadvertantly run afoul of and that could cost you your freedom. If you think you may have a nude picture of a 16 year old, I would seriously consider removing them. Since you don't ask ages, you may very well be promoting child porn and that my friend is a legal area you want to stay far away from.
I see where you're coming from. I allowed xrated pics because other well known sites which I won't mention allow singles and couples to register and upload all sorts of xrated pictures. You don't have to be a paying member on those sites and do anything other than register with a birthdate over 18 and then upload your pictures. Why can those U.S. based websites that have millions of users, and are well known, continue to allow people to register but a site like mine which is also only for adults be scrutinized? I definitely do delete profiles of members that I believe may not be 18. Of course I know that personally I didn't look like I was 18 until I was probably around 22. When I was in the Air Force I looked so young that people jokingly ask if my mommy knew I was playing Air Force. So because of this I implemented the forms to restrict ages being entered less than 18, etc. Unfortunately not everyone listens. I do agree though that to be safe I should speak with an attorney. With 50,000 members we have only about $200/month revenue being generated through paid memberships which means that every month I lose money on the site hosting alone. Any time I hear attorney I get nervous because I could maybe scrape up an extra $100 but not the hundreds it will probably cost for advice. Enough rambling.
People need to make their own decisions as to the risk they are willing to take. I don't know exactly what types of pics you allow, but I would worry about violating: §2257 among others http://www.law.cornell.edu/uscode/18/usc_sec_18_00002257----000-.html I like making money, but I like my freedom more. I would sell the site and cash out. You don't have the money for this type of venture if you can't afford an attorney, and in this case, the site is not making enough to make it worth it anyway. Just my opinion.