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lawpal · 11-26-2003, 07:19 AM

Do you use non-porn domain names to divert traffic to porn? I was considering using a domain I own which gets over 19,000 Overture search hits, but the recent "Truth In Domain Names" Bill made me pause before taking action. Even though that Act is geared toward prosecution of individuals alleged to divert "minors" toward porn, it seems to me that you cannot trust the government to use legislation as intended when it could easily be used to simply expand prosecution of obscenity cases.

Chapter 110 of title 18, United States Code Section 2252B

Subtitle B?Truth in Domain Names

SEC. 521. MISLEADING DOMAIN NAMES ON THE INTERNET.

§ 2252B. Misleading domain names on the Internet

(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.

(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.

(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as ?sex? or ?porn?, is not misleading.

(d) For the purposes of this section, the term ?material that is harmful to minors? means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context?

(1) predominantly appeals to a prurient interest of minors;

(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3) lacks serious literary, artistic, political, or scientific value for minors.

(e) For the purposes of subsection (d), the term ?sex? means acts of masturbation, sexual intercourse, or physical contact with a person?s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal

11-26-2003, 07:19 AM
lawpal Confirmed User Join Date: Feb 2002 Location: Miami Posts: 824	Misleading Domain Names Do you use non-porn domain names to divert traffic to porn? I was considering using a domain I own which gets over 19,000 Overture search hits, but the recent "Truth In Domain Names" Bill made me pause before taking action. Even though that Act is geared toward prosecution of individuals alleged to divert "minors" toward porn, it seems to me that you cannot trust the government to use legislation as intended when it could easily be used to simply expand prosecution of obscenity cases. Chapter 110 of title 18, United States Code Section 2252B Subtitle B?Truth in Domain Names SEC. 521. MISLEADING DOMAIN NAMES ON THE INTERNET. § 2252B. Misleading domain names on the Internet (a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both. (b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both. (c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as ?sex? or ?porn?, is not misleading. (d) For the purposes of this section, the term ?material that is harmful to minors? means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context? (1) predominantly appeals to a prurient interest of minors; (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) lacks serious literary, artistic, political, or scientific value for minors. (e) For the purposes of subsection (d), the term ?sex? means acts of masturbation, sexual intercourse, or physical contact with a person?s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal