Can anyone explain a bit more here about if it is OK to keep independent websites up? I am seeing many shut down...I am starting to panic.
If they advertise sex for a rate then it is clearly illegal (i.e. verboten terminology GFE, bbbjcim).
If it advertises hanging out but later the individual has evidence of prostitution then it can be argued by the government that the site was a pretext for prostitution and charged under the new federal law.
Even if it advertises hanging out in Scottsdale it is still a misdemeanor criminal offense with 15 days jail time mandatory.
If it has nude pics it should not be relevant either way, but nude pics can prove it is not a sting.
An individual companion using a website with only her on it is not covered by the new law. However, the website owner faces up to 10 years in prison if a "prostitute" is found using a website or up to 20 years if more than 5. (or is it 40, forget offhand).
This is even if the website owner has no knowledge there are prostitution ads on his site.
The gal, of course, has other more minor State law issues like advertising without an escort license as in AZ or prostitution based on her ad if has bad words that suggest illegal sex This has always been the case no difference with the new Federal law.
I would like to add that if an escort is hosting just her own ad on her own server that she solely administers, FOSTA-SESTA will have no effect. There can be no ads for other ladies on the website. The escort must not advertise for doubles because both are promoting or facilitating “prostitution of another person”.
There would still be criminal liability for solicitation under local laws and by running your own website there is increased risk not only tangible evidence of solicitation but also of exposing your clients, so any screening info must be held on another device on a separate network ie your cell phone.
How many folks are going to set up their own server I wonder. Most would have no idea how. If they use a host for their domain other than themselves, the host might be liable. And if 5 or more its the more severe penalty vs just one gal on her own server, by herself.