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How to not end up like Kevin Bollaert by starting an amateur porn site?

Discussion in 'BlackHat Lounge' started by premo, Aug 21, 2015.

  1. premo

    premo Newbie

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    I've read all the articles about how its tough to generate income and not worth the effort starting a porn site but from practical experience I used to be a top uploader on a specific site in a specific niche and so far many has tried but not to my level and I know there is a market place that few are willing to pay for a membership. I'm not too concern about the technical aspect, I'm a programmer by profession. But what has deter me is the legal aspects, I read the DMCA law and I'm not too concern about that. The content is amateur/homemade and if a claim is file I have no problem removing it. I know about the 18 U.S.C 2257 for record keeping.

    But what I do not know about is which countries these are applicable to. Yes these are U.S. laws but there are many international treaties that makes these law applicable to other countries. I don't have any issues abiding by the DMCA law but as an operator of a site if I upload content and the woman in the video decides to pursue charges then I have problems. I see many websites allow users to upload content and when ish hit the fan, just release the uploader ip, isp, etc. I don't want to be that operator, I want to be able to protect myself and also uploaders legally.

    I have an offshore server in the Netherlands (Amsterdam). And I told the host my plan, and they told me as long as I'm willing to abide by DMCA takedown requests and no CP, then they do not have any issues. Can someone point me to the laws in the Netherland that is applicable to DMCA and 2257?

    In addition, if I will be getting membership, I need to do it in a country that do not abide by these laws as well. I was contemplating starting a business oversea such as Estonia, they have something cost e-resident, where someone can start a business from overseas online. Other companies in other countries wanted 500 to 1500 to get a business going which I think is a lot. As a U.S. citizen I have to report this stuff on my taxes (Any overseas business). I don't think I could be taxed but they want to be aware of it.

    The content will be provided three different ways, embedding from big sites like xvids, members uploads and also I may upload content. I don't think I'm liable for content hosted on other sites for when I embed the code/vid. Please correct me if I'm wrong.


    If you know of any other countries where I can start a business online and don't have to worry about the laws above, please let me know.

    Lastly, I reside in the U.S., if I am successful and start my business overseas and my servers are offshore, am I still subject to the laws above just by virtue of being a citizen? Please point me to any sources so that I can read up more on this.


    I read about Kevin Bollaert and also 50 cents having to pay up 5 million, and I don't want to be those guys. I know kevin took it to far by extortion, bribing and allowing anonymous upload.


    I just don't get how there are a million of these sites and they are still operating with the elephant of the laws stated above and the recent attention giving to this kind of business in the room. Am I worrying too much?

    Any tips of the trade or advice is welcome.