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Originally Posted by pornlaw
Okay I am going to play devil's advocate here for a moment... before I do I just wanna go on the record and say that site boarders on CP but here's the problem I have...
What if my family (hypothetical family has 2 girls aged 11 and 13) are nudists and we go to the nudist colony for a vacation with all the other nudist families we have been friends with for years and I take pictures of all the families hanging out - pun intended -- and post them on a Picasso type of hosting site...
Should I go to jail ? Is it CP ? It is something I can even be prosecuted for in Florida under this new law?
Would it be okay if my daughters were 2 and 3 years old ? When do I have to tell them to cover up for the pics ? When they start to have their periods ? When they develop breasts ?
I agree with the law professors, this one is going to be tough to find constitutional. But I think sites like TrueTeenBabes really end up causing legal adult content problems.
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First off, nudists aren't immune to the laws. If so called nudists make a living by posting nude pictures of thier children online and charging a membership fee for it, well.. they aren't any different from any other pedos (except that they have found a good excuse to get the kids naked that doesn't involve candy or looking for a lost puppy).
I would say that it is very likely that no sane hosting company would tolerate nude pictures of children even from a nudist group. The reality is putting something on the net is publication, and it really raises issues all around.
The specific model sites in mind don't show nudity (but they do come pretty close at times, it seems). I don't think this is any different from the modified requirements of 2256 / 2257, nor does it seem to differ much from the case where non-nude pictures of children that dwelled on their privates was considered porn, regardless of what they were wearing.
I think legally where it gets more into trouble is the question of modeling altogether. It isn't unusual to see 16 or 17 year old models at major fashion shows, often wearing very revealing clothes or see thru tops. Unless the US decides to pass laws to specifically regulate all uses of models under 18, these sorts of laws are doomed to fail only because they are too general in nature.
We all know what these guys are doing, but there is sadly few ways to write laws that would single their business models out without hurting others.