First, the bad news, then the good news. At the end, let me know if you are happy, or not, with the service provided and we can probably work something out.
One, let me be clear. the service we are both using is solely to help educate people about the law. It is not to give legal advice, and we do not have an attorney-client relationship. Our relationship is more like a friend you bump into in the street, who is an attorney, and who gives you his best take on something. In the business, we call it "curbside advice."
Another piece of bad news. You are not going to be able to proceed with your web site based on what we do here tonight. That would be entirely irresponsible given the serious federal laws at issue.
On to the good news: I still think I can help you by informing you that I believe you are legally required to implement a 2257 compliance program.
Quickly, you need to know that you have to keep records based on an extremely recent change in the law. In fact, the DOJ has JUST NOW created rules that will go in effect in March 2009 that require record-keeping of the "lascivious exhibition of the genitals or pubic area,"
which is what you site will be.
Judicial precedent provides that a depiction can constitute lascivious exhibition if, among other things:
(1) the focal point is on the subject's genitalia or pubic area;
(2) the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity;
(3) the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; or
(4) the visual depiction is intended or designed to elicit a sexual response in the viewer.
Note that, until recently, 2257 applied only to websites that produced or distributed actual or pretend sexually explicit activities (for example, sexual intercourse, bestiality, masturbation or sadistic or masochistic abuse). But they did not apply to lascivious exhibition.
The last piece of good news. I can give link you to the DOJ's compliance guide. And I will be available to provide further education about that compliance guide, if you ask further questions. In the end, if you are able to do it yourself, without an attorney, you will save thousands of dollars. Here is the link to the compliance guide.http://www.usdoj.gov/criminal/optf/links/2257-compliance-guide.html
Again, I will be available to answer questions you have about the compliance guide, to provide education to help you understand it yourself, but if that is not good enough, you need to hire an attorney.