Legal Question in Technology Law in South Carolina

Internet web site hosting.

Is it legal to put up a internet web site on my own servers in a business of my own in my own home that has nudity and/or sexual pictures on the web site? I am going to start a web site hosting business and one of my potential customers that is going to pay well frome another country wants to put up a nudeity type of web site up! Can I take their money(offer)?


Asked on 9/20/99, 9:49 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Internet web site hosting.

An internet site of your own on your own servers in your own home....I think you will own the liability on your own alone. What you really mean is you are contemplating distribution of foreign sourced porn on a world-wide basis from your home for pay. Not much different at the core than twirling a purse on a street corner looking for johns. Ask you local police dept. and your local ISP if they will permit it. I hope you fail in your endeavor, but there are thousands of such sites coming and going. Hopefully, going to jail.

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Answered on 9/21/99, 8:09 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Internet web site hosting.

You are likely to run into problems here. Assuming for the moment that we are not talking about stuff involving kids, animals, etc., but just plain old nudity and sex, you may expect the following:

1. Flak from anti-porn outfits. Even though you do your best with age verification screens and requiring credit card payment (together, these have been viewed as a reasonable proxy for checking age of customers), there will be those who insist on airtight controls to preclude access by minors.

2. Prosecution in "Bible belt" states. Sure, you are just exercising 1st Amendment freedom, but that may not stop them from proceeding against you anyway (I term this the "litigation tax" because you won't get your money back when you have to hire lawyers to defend you).

3. Problems with credit card companies. Make sure that your ACH processing company knows upfront what you are doing -- otherwise, they can disrupt your cash flow and will give refunds to any who seek them.

4. Local zoning law problems. The notorious "Voyeur Dorm" site wound up with major problems from the City of Tampa because it was termed a "business" in a residential neighborhood. Thus, operating out of your basement may not work.

Hope that this helps. Best wishes.

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Answered on 9/24/99, 9:05 am


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