Granted, the main purpose of the “Crimes against chastity, morality, decency, and good order” law in Massachussetts is to prevent porn from being made available to children. Which is good. Adult items should be for adults, and childrens items should be available for the children. But what happens if in the extremely “wide” language of this new law in the hands of unelected officials?
Let’s take a look at the law itself first. Specifically, the revision to this law extended “harmful to minors” to the Internet. In addition to smutty books, films, pamphlets, pictures, plays, dances, and statues. Yes, statues. And what constitutes the “intent” assumption of a violating item? From the statue (linked above) “…denotes sexual suggestiveness or a willingness to engage in sexual activity”.
Now, I don’t want Playboy or Penthouse available to my kids. But it really doesn’t bother me all that much that the underwear section of the Sears Robuck Catalog, Victorias Secrets, or articles from National Geographic showing ladies in various states of dress/undress are on the Internet. But what happens if your running banner ads for Victorias Secret on your blog? Or for DVD Classics like “The Graduate” that shows Mrs Robinson alluringly posed in front of Dustin Hoffman? Or links to the current run of Calvin Klein fashions? None of which have a credit card gateway preventing the under 18 crowd from seeing the advertisement in the first place?
The point I’m getting at is that at anytime a faceless, nameless, individual in Massachussetts could decide that a particular advertisement for Calvin Klein, Victoria Secrets, or even an old movie on DVD could declare that the advertising banner that your running on your sites to be “…denotes sexual suggestiveness or a willingness to engage in sexual activity”. And, in theory, you could be held responsible if any child in Massachussetts should run across your website.
Now, I don’t think this would actually happen anytime soon. But it’s best to be aware of what’s going on where and make sure that your affiliate sites are in compliance with the laws of ALL states. Why? Because if you inadvertently do something that violates a law (in say, Mass) it is likely that you would be held responsible in that state for violating that states laws. Even if your in Iowa, or Florida, or wherever.
Not unlike some states wanting to require you to pay sales taxes to them because someone in their state clicks on your affiliate link. Sound familiar???
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