Here's a question for those who may know...
Everyone is well aware of 2257 regulations, but I don't hear much about other codes that apply to the business of internet commerce. For example, TITLE 47 > CHAPTER 5 > SUBCHAPTER II > Part I > § 231 states:
(a) Requirement to restrict access
(1) Prohibited conduct
Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both.
(2) Intentional violations
In addition to the penalties under paragraph (1), whoever intentionally violates such paragraph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
(3) Civil penalty
In addition to the penalties under paragraphs (1) and (2), whoever violates paragraph (1) shall be subject to a civil penalty of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
and in suc C states:
(c) Affirmative defense
(1) Defense
It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors?
(A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number;
(B) by accepting a digital certificate that verifies age; or
(C) by any other reasonable measures that are feasible under available technology.
So the question is, why do we not hear more of prosecution because nearly every paysite allows some access to images in their tours that would clearly fall into the category of "harmful to minors" by community standards?
Does the disclaimer or "entry" for many websites constitute the "digital certificate that verifies age"?
Discuss.
link to code