Legal Question in Technology Law in Louisiana

legal web camera projection and viewing

I need to know legally the limits of using my web camera in a chat room. i.e. can I bare my top/bottom?


Asked on 10/26/03, 8:47 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: legal web camera projection and viewing

I would want to know some more facts before offering concrete guidelines -- for example, whether the chat room is open to minors or is restricted (and, if so, how). Generally, though, you would be within your First Amendment rights to do anything which does not violate community standards of obscenity where you are *and* in the communities where the other chat participants are located.

Being topless or even nude can hardly be deemed obscene by the standards of any community in America (or in many other countries), but various types of sexual activity -- even if simulated -- may be, depending upon how they are shown.

If your chat room includes people from regions with very different standards, like countries in the Middle East which take a very different view of the female body than those commonly found in the West -- then there is a theoretical possibility those countries could try to take action against you. I say it is theoretical because, as far as I know, it has never happened. I very much doubt that a chat room participant would be the first.

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Answered on 10/26/03, 8:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: legal web camera projection and viewing

I need to add something to my prior response.

My analysis presumed that you are an adult. If you are actually a minor, then it is very likely that your full or partial nudity would cause a host of legal problems - not only for you and your parents, but also for anyone in the chat room who chooses to watch despite knowing your age. Your images would probably be deemed child pornography, and those who knowingly watch child pronography over the web can face a variety of serious criminal charges. Those who knowingly provide it can face even more serious charges.

Since your question left open the possibility that you are underage, I feel I have to point these things out -- especially because the next LawGuru user who looks up your question and the responses may be a minor, even if you are not.

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Answered on 10/26/03, 9:35 pm


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