educational

New Limits of Liability: 1

Adult Webmasters are finding themselves in the midst of a challenging and ever-changing playing field, where competition increases with every change of the rules. Business and marketing plans need to be revised on an ongoing basis, all in an effort to cope with the seen – and unforeseen factors affecting us.

A couple of issues have caught my attention recently, issues worth consideration by experienced adult Webmasters trying to stay ahead of the curve. The convergence of these issues as further evidence of an increasingly restrictive marketplace occurred to me the other day while scanning an article on a new adult traffic brokering service; an article which included “Pandora’s Box” in its original title…

‘Pandora’s Box:’ the dictionary defines the modern usage of this phrase derived from the tales of antiquity as “A source of many unforeseen troubles…” When it comes to purchasing bulk adult Website traffic from a brokering service, ‘unforeseen troubles’ is just what you might get.

Consider that purchasing traffic – when you ‘know’ its source – is basically a good (and necessary) thing. Trustworthy Search Engines and Directories that sell targeted listings based on the pay per click model can be a vital ingredient in your traffic mix; delivering quality surfers at a (hopefully) profitable price. These folks don’t know about TGPs and link lists – they went to Google and typed in “Free Pussy Pics.” That’s a surfer who is actively seeking your product, and may even be willing to pay for it.

But what about ‘bulk’ traffic deals from expired domains? If all of the traffic comes from expired ‘adult’ site domains only then you will not only see better results, but less risk. What risk? The risk of liability under the misleading domain names provision of the Protect Act. This segment of the so-called ‘Amber Alert’ law makes it a federal offense to use misleading (i.e. not obviously ‘adult’) domain names on porn sites, with stiff fines and jail sentences your potential reward for non-compliance.

While reputable brokers will be able to deliver highly targeted ‘adult domain name’ traffic on demand, smaller, newer, less reputable, or simply less legislatively knowledgeable operators (indeed, anyone in the increasingly competitive traffic business), might consciously or unconsciously redirect either outright ‘mainstream’ traffic, or adult traffic from ‘mainstream sounding’ domains that previously hosted adult sites, in order to boost their delivered volume.

For example, an expired domain name broker will ‘cherry pick’ through the day’s domain listings, seeking for ‘good names’ with established page rank and decent SE listings. If he found, say, ‘videos.com’ on the list, and discovered it had a Yahoo! listing and other favorable SE placements, he’d buy it immediately – and be quite happy about it! The next day, you call up and ask for traffic seeking ‘porn videos.’ Well, ‘videos’ is close enough, so traffic from videos.com starts flowing to your ‘porn videos’ site…

Internationally, there have been successful cases brought against Webmasters over sites that they simply linked to, and did so partially based on the profit earned through the link. With this in mind, a savvy prosecutor could make a case not only against such a broker, but against the purchaser of the ‘tainted’ traffic – especially if a ‘profit’ could be shown as a result of that traffic’s sale – or purchase… While an equally savvy attorney could likewise make a compelling enough argument to keep you out of prison, the ‘life ruining’ cost; both publicly and privately, plus the incredible expense of mounting an appropriate legal defense, will provide a fabulous lesson in the price of proving your ‘innocence.’

While you would hope that ‘the powers that be’ have many more important things to do, there is a potential vulnerability here that could affect many people in this industry. And before you think that this could never happen, consider that Acacia is reportedly eyeing the affiliates of unlicensed sponsors for ‘contributory infringement’ actions. Although that’s a story for another day, I mention here to further illustrate the ways in which the limits of liability are now being redefined – and we must pay attention to this ongoing process, or learn the hard way.

Take some reasonable steps to ensure that the sources of your traffic – especially if you are purchasing it – are solely from ‘adult’ sites in compliance with current regulations. You’ll not only make more money, but be ‘safer’ doing it as well. Stay Tuned for More ~ Stephen

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Lexi Morin

Lexi Morin’s journey into the adult industry began with a Craigslist ad and a leap of faith. In 2011, fresh-faced and ambitious, she was scrolling through job ads on Craigslist when she stumbled upon a listing for an assistant makeup artist.

Women In Adult ·
profile

Still Rocking: The Hun Celebrates 30 Years in the Game

In the ever-changing landscape of adult entertainment, The Hun’s Yellow Pages stands out for its endurance. As one of the internet’s original fixtures, literally nearly as old as the web itself, The Hun has functioned as a living archive for online adult content, quietly maintaining its relevance with an interface that feels more nostalgic than flashy.

Jackie Backman ·
opinion

Digital Desires: AI's Emerging Role in Adult Entertainment

The adult industry has always been ahead of the curve when it comes to embracing new technology. From the early days of dial-up internet and grainy video clips to today’s polished social media platforms and streaming services, our industry has never been afraid to innovate. But now, artificial intelligence (AI) is shaking things up in ways that are exciting but also daunting.

Steve Lightspeed ·
opinion

More Than Money: Why Donating Time Matters for Nonprofits

The adult industry faces constant legal battles, societal stigma and workplace challenges. Fortunately, a number of nonprofit organizations work tirelessly to protect the rights and well-being of adult performers, producers and industry workers. When folks in the industry think about supporting these groups, donating money is naturally the first solution that comes to mind.

Corey D. Silverstein ·
opinion

Consent Guardrails: How to Protect Your Content Platform

The adult industry takes a strong and definite stance against the creation or publication of nonconsensual materials. Adult industry creators, producers, processors, banks and hosts all share a vested interest in ensuring that the recording and publication of sexually explicit content is supported by informed consent.

Lawrence G. Walters ·
opinion

Payment Systems: Facilitator vs. Gateway Explained

Understanding and selecting the right payment platform can be confusing for anyone. Recently, Segpay launched its payment gateway. Since then, we’ve received numerous questions about the difference between a payment facilitator and a payment gateway. Most merchants want to know which type of platform best meets their business needs.

Cathy Beardsley ·
opinion

Reinventing Intimacy: A Look at AI's Implications for Adult Platforms

The adult industry has long revolved around delivering pleasure and entertainment, but now it’s moving into new territory: intimacy, connection and emotional fulfillment. And AI companions are at the forefront of that shift.

Daniel Keating ·
profile

WIA: Sara Edwards on Evolving Clip Culture and Creator Empowerment

Though she works behind the scenes, Sara Edwards has had a front-row seat to the evolution of adult content creation. Having been immersed in the sector since 1995, she has a unique perspective on the industry.

Jackie Backman ·
profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
opinion

The SCREEN Test: How to Prepare for Federal Age Verification

For those who are counting, there are now 20 enacted state laws in the United States requiring age verification for viewing online adult content, plus numerous proposed laws in the works. This ongoing barrage has been exhausting for many in the adult industry — and it may be about to escalate in the form of a potential new AV law, this time at the federal level.

Corey D. Silverstein ·
Show More