Social Media can also be leveraged to market yourself as a successful adult entertainer giving your fans and soon-to-be clients a chance to have intimate knowledge of when you are available to what you had for breakfast that morning! You can also use social media within your community to discuss the business and create your own network of other providers to chat with.

There is a new site that just launched that  is focused on safe and secure social networking amongst a community of providers. Check it out:

Certified to Provide (CTP) is The Exclusive Networking Site for Adult Entertainers and Friends.

With the rise in popularity of social networking. CTP is excited to create a one of a kind social network for those who work and play in the Adult Entertainment Industry. It’s a great place for like-minded individuals to get together and share the hottest trends within Adult Entertainment. CTP utilizes the latest social networking software.

Our members set up their own personal profile page, create or join one of our many sexy groups, and create their personalized fan pages. We host an outrageously fun chat bar (The Nut House), a video game portal, and instant messaging.

CTP has to set the bar in creating a safe and positive community in regards to Adult Entertainment Social Networking. CTP is an exclusive site and screens all members, once screened and verified, each member has full access to the site and all its functions. CTP has an professional and courteous staff that is online and available 24/7, to insure the best online experience with the site. CTP strives to deliver the best as well as be number one in Adult Entertainment Social Networking.

LAW ENFORCEMENT CLIMATE

Escort agencies are favorite targets of vice units across the country. Regular raids and sting operations occur in cities across the United States, with cops posing as customers intent on testing the boundaries that various escorts may or may not be willing to cross during their hour long companionship interludes. By flashing enough cold, hard cash, law enforcement officers often successfully tempt escorts into engaging in, or agreeing to engage in, some form of sexual activity in exchange for money.

With the notable exception of regulated brothels in certain portions of Nevada, states outlaw prostitution in its various forms. While the exchange of sexual activity for money is commonly at the root of such prohibitions, various other tangential activities fall within the ambit of modern prostitution laws, including agreements to engage in prostitution, encouraging another to engage in prostitution, arranging appointments for the purpose of prostitution, living off the proceeds of prostitution, operating a facility of business for the purpose of facilitating prostitution, and/or owning a structure used for prostitution activities[1]. The seriousness of these offenses depends on the particular states’ laws involved, but can range from a simple misdemeanor, commonly resulting in a small fine, to racketeering offenses, carrying substantial penalties including decades of incarceration, a six-figure fine and forfeiture of all business assets. Therefore, a comprehensive understanding of the risks involved in helping to arrange meetings between individuals that create an environment fostering sexual activity is critical, given the potentially serious consequences involved.
Law enforcement agencies long ago realized the futility of trying to combat the prostitution problem by routinely arresting individual prostitutes and sending them through the revolving door of arrest, plea, fine and release (although the practice continues). Therefore, vice officers have tried various other strategies designed to combat the problem at different levels, such as arresting customers, publishing their names in the newspaper, educating prostitutes regarding the risks involved, forfeiting vehicles used during encounters, and focusing on punishing “pimps.” But even those methods have not been particularly successful in combating the world’s oldest profession.

More recently, law enforcement has attacked the problem from a different angle, by focusing on the advertisers of common fronts for prostitution, i.e., escort agencies, massage parlors and body scrub salons. In some areas, even the phone book publishers have been threatened with racketeering offenses if they continued to run yellow page advertisements for escort agencies, resulting in the prompt disappearance of this category from various cities’ yellow page listings. The theory is that the prostitution business will dry up if the escorts are forced underground making them hard to find. While this is certainly not a cure-all solution, it has put a damper on the escort business in various cities throughout the United States where such tactics have been used . . . that is, until the Internet came along.
The Internet created an alternative venue for advertising underground or “gray market” products and services. This instantaneous world-wide advertising venue has become quite popular for escorts and customers alike, allowing the advanced scheduling of sensual liaisons with virtual anonymity, in sharp contrast to the expense and risks involved with long distance telephone calls.

This retreat to the Internet has not gone entirely unnoticed by law enforcement, including in the State of Florida, where a popular escort service information site, www.BigDoggie.net, was the subject of a criminal prosecution by a joint effort between the Hillsborough County Sheriff’s Office and the Metropolitan Bureau of Investigation in Tampa and Orlando, respectively. Although police tried to shut down the website under some creative theories, it remains active as an online venue for the exchange of information about escort services in this state. The prosecution against www.BigDoggie.net will certainly not be the last of its kind, as vice units across the country realize that the Internet has now supplanted the yellow pages as the primary source of information for adult-oriented entertainment, including escort services.

Notably, many escort services run perfectly law-abiding and legitimate operations, and zealously protect their adult license by strict enforcement of a “no sexual contact” policy. However, law enforcement still views such businesses with a jaundiced eye, and will continue to focus on investigating such establishments for violation of prostitution-related offenses.

COMMERCIAL SPEECH AND THE FIRST AMENDMENT

Did you ever wonder how High Times® magazine can get away with talking about the cultivation and use of illegal drugs without running afoul of the law? The answer is found in the First Amendment. Under Free Speech principles, citizens have the right to discuss, and write about, activities which may themselves be illegal. In other words, the government’s ability to regulate conduct is not coextensive with its ability to regulate speech relating to such conduct[2]. In the context of advertising activities that might be illegal, the United States Supreme Court has held that the First Amendment protects commercial speech about a product or service that is within the government’s power to otherwise completely ban, such as gambling activities[3]. Thus, while gambling may itself be illegal, advertising that activity cannot be completely banned.

In the specific case of advertising online escort agencies, the First Amendment plays a significant role. Theoretically, the advertisers are all licensed escorts, agencies or businesses, conducting presumably legitimate escort activities. Therefore, under the appropriate test[4] for determining the validity of any potential regulation of commercial speech, the government would have difficulty completely banning truthful advertising relating to such activities. There is some precedent for criminalizing other communicative activities such as solicitation of murder, extortion or assignation of prostitution, for that matter. However, the typical online escort directory involves a simple sale of advertising space and not actual involvement in arranging the meetings between customer and service provider. The traditional advertising relationship enjoys commercial speech protection, generally. While the government is currently flirting with the argument that advertising alleged illegal activity, such as online gambling, constitutes “aiding and abetting” illegal activity; there is little, if any, support found in legal precedent for the argument that advertising itself can be sufficient to impose criminal liability.

THE LEGAL ISSUES

By way of summary, the following legal issues are some of the more important that should be addressed and evaluated in connection with the creation of an escort directory website:

1. Escort Age Verification – It is important to confirm that all models depicted on the website, especially those depicted in a sexually-oriented manner or nude, were over the age of eighteen when the images were created, and have executed proper age verification records as required by Title 18, U.S.C. § 2257.

2. Copyright/Publicity Issues – A method must be implemented allowing the online escort directory to obtain a release of the intellectual property and publicity rights necessary to post images and/or text relating to the individual escorts and/or agencies. These details are often ignored, and can result in significant liability if images are used without supporting rights transfers.

3. User Age Verification – As with any adult-oriented content, some method of age verification must be implemented to confirm that users or members of this website are over the age of eighteen. Escort customers must also be adults under most local adult entertainment codes, and thus the issue of facilitating a meeting between an adult escort and a minor may arise in the absence of valid user age verification, such as that described on www.BirthDateVerifier.com.

4. User Terms & Conditions – All disclaimer, warranties and customer service terms should be included in a custom drafted set of Terms & Conditions for an online escort directory.

5. Privacy Policy – Any Website that collects private information from its users should have a written Privacy Policy detailing how such information is used by the website. If certain financial information is collected, this is required.

6. DMCA Compliance – Since the website will presumably be using content provided by others, some form of Notice & Takedown Procedure and/or Designation of Agent to Receive Notices of Claimed Infringement should be considered. One copyright infringement claim can destroy a small business.

7. Spam Policy – In light of the recently-enacted CAN-SPAM Act, it is essential to implement some sort of strict policy relating to the use of unsolicited email to promote the escort directory.

8. Copyright Registration – Once the directory is created, its graphics, images and text should be registered with the United States Copyright Office, to help protect copyrights to the fullest extent. Timing is important on this issue.

9. Avoiding criminal exposure – This is certainly the most complex area to address, and involves a variety of factors, such as proper use of disclaimers, image content restrictions, escort descriptions, linking policy, the terms of the Advertising Agreement, and the overall look and feel of the site. The Advertising Agreement will likely require any escort agencies to have in place a set of rules and regulations governing escort conduct to prohibit any illegal activity.
As always, the devil is in the details, and it is therefore critical to obtain a competent attorney’s review of the entire website, along with the Advertising Agreement between the directory website and the escorts and/or agencies. Some financial relationships are more dangerous than others, from a liability standpoint. A healthy set of User Terms & Conditions can also help limit legal liability in connection with these business models.

CONCLUSION

The growing popularity of online escort directories has not gone unnoticed by law enforcement officers, who have successfully intimidated other traditional escort advertisers out of the business. However, by implementing some simple protective measures, and paying attention to the legal details, potential exposure can be minimized. As with all areas of developing Internet law, legal precedent is far from being set. By taking a few common sense precautions, risks can be reduced to a more acceptable level.

[1] E.g. Ch. 796, Fla. Stat. (2003).
[2] Greater New Orleans Broadcasting Association, Inc. v. U.S, 527 U.S. 173, 119 S.Ct 1923, 144 L.Ed.2d 161 (1999).
[3] Id.
[4] The courts used what is commonly referred to as the Central Hudson Test in determining whether governmental regulation of speech is valid. This Test involves an initial determination whether the product or service being advertised is legal, and if so, whether there is a significant governmental interest in regulating the activity, and finally a consideration of the “fit” between the goals sought to be achieved, and the methods used to accomplish those goals in the challenged regulation. Hudson Gas & Electric Corp v. Public Service Commission of New York, 447 U.S. 557, 100 S.Ct. 2343, 65 L.Ed.2d 341 (1980).

Lawrence Walters, Esq., is a First Amendment Attorney and heads up Walters Law Group, a boutique law firm focusing on First Amendment issues, Internet Law, Intellectual Property and Gaming Law. See; www.FirstAmendment.com. His clients span the spectrum of First Amendment interests, and include webmasters, protesters, street performers, newspapers, swingers, adult entertainers, video stores, film makers, artists, politicians and activists of all kinds.  His cases are often controversial, and followed by the national media.  He has appeared numerous times as a legal commentator on national news programs such as 20/20, 48 Hours, the O’Reilly Factor, The View, Good Morning America, the Today Show, etc.   He is a past President and National Chairman of the First Amendment Lawyers Association; a national group of leading First Amendment attorneys that have handled most of the important U.S. Supreme Court cases impacting Freedom of Speech. Mr. Walters has published countless articles, blog post and book chapters, including law review articles in the UNC, Chapel Hill First Amendment Law Review, and the Nexus Journal of Opinion. He can be reached at Larry@FirstAmendment.com; 800.530.8137, Skype: webatty, or AOL Instant Messenger; “webattorney”

One of the unanswered questions resulting from the epidemic of law enforcement activity against online escort directories is whether the mere acceptance of advertising revenue from escort-related activity is against the law? Does some state or federal statute prohibit this business model, or is this a large ‘bluff’ by those seeking to censor disfavored speech? Indisputably, prostitution is against the law throughout the United States except for small portions of Nevada, where legal brothels are allowed to exist. Virtually all states prohibit not only the act of sex for hire, but many related offenses such as deriving proceeds from prostitution, renting a space for purposes of prostitution, and facilitating (or aiding and abetting) the act of prostitution. At the federal level, earning money from prostitution that involves some element of interstate commerce (such as website operation) can allegedly violate the Travel Act and money laundering laws , as seen in the Escorts.com case. However, not all escort directory websites are equally vulnerable to prosecution under these laws, as discussed below. Paying close attention to certain relatively common business practices and developing reasonable advertising review policies can make a significant difference in the degree of risk associated with operation of an online escort site.

Escorts, although engaging in presumptively lawful companionship activity, awkwardly fall within what has become known as the “sex worker” occupation. While those in the adult industry recognize that these companionship providers do not equate their services with sex, their business is erotic and adult-themed entertainment. Nudity may or may not be involved, although stripping in the privacy of a home or hotel room is typically not against the law, and does not constitute prostitution. However, the association with the ‘sex worker’ category is often perceived by mainstream society as having some type of involvement with actual sexual intercourse, or some other form of sexual activity. Until this perception is corrected, escorts will continue to fight being unfairly, and automatically branded as prostitutes by those not familiar with the nuances of the profession.

Federal conspiracy, solicitation and money laundering statutes certainly don’t help an escort site’s plight. The epitome of broad and vague statutory language; these laws expose even the most tangentially involved individual/entity to potential legal liability.

Under classic criminal conspiracy, the government need only prove (1) an agreement to engage in criminal activity, (2) one or more overt acts to execute the agreement, and (3) intent to commit the substantive crime. The language of the conspiracy statute cited as grounds for Count I against Escorts.com defined the alleged conspiracy as two or more persons conspiring to commit an offense “in any manner or for any purpose” – you can’t get much more general than that.

As seen in the Escorts.com case, the breadth of the solicitation, and money laundering laws may be even more alarming. Looking at the plea agreement, the only admissions of fact were that:

1) the website allowed escorts to post advertisements pertaining to their services,
2) the company owning/operating the website received revenue from the escort’s ads and subscriptions from users paying to view such ads,
3) the site’s users were allowed to post reviews, and,
4) “some” of the escorts advertising on the site engaged in prostitution at some point during the advertiser’s association with the site.

A significant factor in the Escorts.com case appears to be the ability of users to post reviews directly on the site. While the significance of this feature may not be readily apparent to those outside this particular niche, the existence of ‘free form’ user reviews, where customers of the advertisers can post comments and feedback pertaining to their ‘experiences’ with the escorts, can significantly impact the level of knowledge imputed to the escort directory operators. For example, if a user posts that he or she engaged in illegal sexual activity with a provider (whether true or not) this is something that the government might use to demonstrate actual or constructive knowledge of illegal activity by the website operators. The element of “knowledge” would be key in any criminal prosecution brought against an online escort site. Absent some level of knowledge that escorts were ‘crossing the line’ into prohibited conduct, an escort directory should be treated the same as any other online advertising venue for a presumptively legal service. Only when the site operators learn that their advertisers are engaging in such illegal activity, should the concept of criminal liability even be considered.

With the foregoing in mind, what are the danger zones when it comes to “knowledge” that can be associated with criminal culpability? The answer to that question can only truly be provided by an experienced attorney that is familiar with the specifics of any particular escort site’s business model and operating policies. But the following issues should be considered when evaluating potential legal exposure associated with an online escort directory:

1. User Reviews: As noted above, any sort of free form reviews incorporated into an escort’s advertising space can be dangerous. Initially, the potential for bogus or fraudulent reviews exists, which could confuse readers and provide prosecutors with plenty of evidentiary fodder, even if the information is not truthful. Moreover, if a user submits an accurate review that includes references to an escort engaging in sex for money, the government would argue that such a review should impute some degree of guilty knowledge on the escort site operator. Counter-arguments exist, of course, but allowing user reviews to be placed directly on an online escort’s ad is a practice that should be carefully evaluated, if it is permitted at all.

2. Age Verification: Escort activities are for adults only. Law enforcement is particularly concerned about exploitation of minors by online escort directories. Therefore, use of some age verification device for advertisers is essential. While all escorts may not be willing to provide government-issued ID’s prior to placing an ad, criteria can be developed so that young (or young-looking) advertisers are required to engage in a higher level of age verification than older advertisers. A wise mixture of online age verification devices, database searches, and ID checks can be important to reduce the legal risks associated with online escort directories.

3. Ad Approval:

     a. To Review, or Not to Review? Should escort ads be reviewed and approved by the site operator before publication, after publication, or not at all? That is a difficult decision that will need to be made after consideration of the interplay of three federal statutes; 47 U.S.C. §230 (“Section 230”), 17 U.S.C. §512 (“the DMCA”), and 18 U.S.C. §2257 (“Section 2257”). We call it; the “Trifecta.” These statutes provide potential immunity, safe harbor and records-keeping compliance exemptions (respectively), for certain online service providers, assuming the business operation is set up properly. While advance review of images and text might be the natural inclination for the diligent webmaster trying to prevent the publication of improper (or illegal) material, such actions could adversely impact the protections afforded to online service providers by federal law. For example, selecting which images are acceptable for publication in an ad could make the site a ‘producer’ under Section 2257, and thus responsible for keeping records associated with any sexually explicit depictions. However, failure to review material before publication could result in underage images or other inappropriate material appearing on the site for at least some period of time, thus triggering other legal concerns. Similar concerns apply to the text of the proposed ads. Reviewing ad text is important to identify any advertisers who intend to offer illegal services. Different policies can be developed for review of images as compared to text, so all options should be explored with counsel.

     b. Approval Criteria. Assuming that some level of pre-publication review occurs, what criteria should be used? This is where the ‘rubber meets the road’ for escort directories and their lawyers. Development of a viable set of publication standards is critical for risk mitigation purposes. Obviously, any ad that states or suggests willingness to trade sex for money should automatically be rejected. But numerous questions arise concerning where to draw the line in such circumstances. What if the suggestion is made using little-known slang terms, or is the subject of a subtle hint as opposed to an outright proposal? The vernacular of the escort industry is constantly changing, so keeping up with a list of ‘banned terms’ can be a full time job. If the ad is rejected, should the advertiser be permanently banned, as someone willing to engage in illegal activity, or should the advertiser be offered another opportunity to submit a legally-compliant ad? If the advertiser is banned, what precautions should be implemented to ensure that he or she does not sign up using different contact information, or a different name? Should the law of the location where the proposed services will be rendered be taken into consideration, or only the law where the escort directory operates? The answers to all these questions are by no means clear, and much depends on the risk tolerance of the website operator. But generally, the more efforts that are used to weed out escorts who demonstrate a desire to violate the law, the safer the site will be.

     c. Vouching. What about user or advertiser ‘verification’ or ‘vouching’ services? The Internet has allowed individuals to obtain feedback about potential customers and service providers in all industries, and escorts are no exception. Customers can make sure that the thin blonde in the ad is really a thin blonde, while escorts can make sure a potential customer is not violent, deceptive or incompatible. These are all positive developments for both parties, but implementing a verification procedure increases certain risks for the site providing such services. Any failure of the system might be blamed on the site operator. This is where online terms of service and disclaimers are essential. Again, one’s risk tolerance must be considered when verification or vouching services are offered.

As referenced above, it is imperative for escort sites to realize the subtle “red flags” when it comes to escort advertisements. This is a more difficult job than identifying prohibited images. A visual image that crosses the line, so to speak, is relatively easy to notice even in a stack of digital ads. Finding one little word that might violate a site’s publishing standards, on the other hand, is completely different and can be extremely arduous. Detection of unlawful terminology is often considered so important to the legal health of an escort site, some operators have taken to publicizing “banned terms” list as a guideline for their advertisers and have gone so far to generate an even more comprehensive internal list of flagged terms as an added precaution. Decisions as to what terms to include in public and/or internal lists are difficult, but reasonable policies can be developed and implemented.

Although ignorance is bliss, the law often doesn’t see it that way. Defending prostitution or money laundering charges with an “I didn’t know” argument may, in fact, be the truth, but it’s not likely to get you very far with an aggressive prosecutor. Even though escort services are presumptively legal, escort directory sites should implement reasonable precautions to identify those escorts with a proclivity to violate the law; preferably before an ad is published.

The preventative measures discussed above are far from comprehensive and have only scratched the surface of online escort directory safeguards. If nothing else is taken away from this post, understand that operating an escort website is not to be undertaken lightly. Even if you are able to distinguish your current business model from that of sites like Escorts.com or the former adult services category of Craigslist.org, the law in this area remains murky, and concepts of conspiracy, intent, and facilitation are inherently vague. Nonetheless, these legal concepts are routinely applied to prosecute individuals having only tangential association with criminal activity. Given the focus on escort classified sites by state and federal authorities in recent years, a comprehensive risk mitigation strategy should be developed for any existing or new operations in this field.

Lawrence Walters, Esq., is a First Amendment Attorney and heads up Walters Law Group, a boutique law firm focusing on First Amendment issues, Internet Law, Intellectual Property and Gaming Law. See; www.FirstAmendment.com. His clients span the spectrum of First Amendment interests, and include webmasters, protesters, street performers, newspapers, swingers, adult entertainers, video stores, film makers, artists, politicians and activists of all kinds.  His cases are often controversial, and followed by the national media.  He has appeared numerous times as a legal commentator on national news programs such as 20/20, 48 Hours, the O’Reilly Factor, The View, Good Morning America, the Today Show, etc.   He is a past President and National Chairman of the First Amendment Lawyers Association; a national group of leading First Amendment attorneys that have handled most of the important U.S. Supreme Court cases impacting Freedom of Speech. Mr. Walters has published countless articles, blog post and book chapters, including law review articles in the UNC, Chapel Hill First Amendment Law Review, and the Nexus Journal of Opinion. He can be reached at Larry@FirstAmendment.com; 800.530.8137, Skype: webatty, or AOL Instant Messenger; “webattorney”

In recent decades, law enforcement has started focusing its attention on the common advertising venues for prostitution – escort agencies, massage parlors, etc. Some agencies have gone so far as to threaten local phone book publishers with racketeering charges for publishing ads for escort agencies in their yellow pages. Actual racketeering charges were filed against an alternative weekly newspaper in the Orlando, Florida, area based on its publication of escort ads, but the charges were later dismissed. Law enforcement continues its witch hunt-like pursuit of the escort industry under the flawed theory that forcing escorts “underground” will eventually lead to the cessation of prostitution, itself. Admittedly, law enforcement’s efforts had successfully hampered certain commercial outlets for the escort industry; that is until the advent of the Internet.

Like many things involving the so-called ‘business of sex,’ operating an adult-themed website is not exactly easy these days. Between maintaining compliance with relevant laws, less disposable income by consumers and the impact of piracy, the adult website industry has suffered its share of challenges recently. But those challenges have been magnified for the online escort directory business model, given law enforcement’s renewed interest in finding a scapegoat to blame for so-called “human trafficking.” As a result, legitimate escort websites have their work cut out for them. Substantial concern has arisen in this arena given the recent forfeiture of Escorts.com to the Department of Justice, and the resulting plea deal whereby the operating companies agreed to forfeit millions of dollars in advertising proceeds, and admit to federal money laundering offenses premised on their online escort advertising activity.

Given that some escorts have been known to cross the line into illegal activity a time or two, operators of online escort websites must be well-versed in several areas of criminal law along with the important constitutional protections afforded to commercial speech. The line between prostitution-related offenses and protected speech can often be ‘dim and uncertain’ as is the case with many other legal issues that adult industry participants are forced to confront on a daily basis. Although prostitution related offenses are the purported basis for most criminal liability surrounding the escort business model, the proliferation of the Internet has caused both law enforcement and escort site operators to consider various ‘accomplice liability’ offenses like conspiracy, solicitation and “aiding and abetting,” when evaluating the legality of a given escort advertising business model. The same laws used to prosecute the person who answers the phone at an ‘out-call’ service may be used in the attempt to impose criminal liability on Internet-based escort directory providers. In the end, much depends on whether the alleged accomplice had knowledge (whether actual or constructive) of any illegal activity by the escort(s). An online classified ad space provider would have no traditional legal obligation to second guess the legality of any advertised services, so long as the services themselves were not inherently illegal. Thus, an ad for unlicensed, automatic weapons may be problematic, however escort activity is not inherently illegal, and is, instead, often recognized and even licensed by many local governments. Online escort directories, at least in theory, should have no reason to question whether a particular advertiser was running an illegal ‘side business’ in addition to her presumptively-legal escort companionship services. However, law enforcement tends to see it differently, and often assume that minors are being exploited through the targeted online escort site, in addition to traditional adult prostitution concerns

Thus, in recent years, in yet another misguided attempt to “save the children,” law enforcement has taken to attacking tangential associates of the escort service business model; the online advertising forums. The Internet enabled countless alternative venues for escort advertising, allowing escorts to take control of their businesses – often eliminating dangerous ‘middlemen.’ But this new business model generated new legal concerns – both for the escort and the advertising service provider. The scope of escort site operation can range from ‘hands on’ services such as scheduling meetings and taking payment, to more detached services such as date reviews, or the simple sale of advertising space to escorts or agencies. It is this last category, mere advertising, where the legal issues get complex. While the sale of advertising space for legal activities should remain protected by the First Amendment under the ‘commercial speech’ doctrine, concerns can develop when the advertising venue gains some level of knowledge of illegal activity – whether actual or intended – undertaken by the escort. This knowledge could come from a variety of sources, including arrest records, anonymous complaints, escort reviews, media reports, or even the escort herself, in the form of proposed or published advertisements. The difficult legal issues generated by these distinct sources of potential knowledge will be addressed in Part II of this post.

In recent years, state and federal authorities have relentlessly pursued a select few online escort venues, namely; Craigslist.org, Escorts.com and BackPage.com. In August of 2010, dozens of state Attorneys General publicly declared a quasi-war on escort advertising starting with a demand letter to Craigslist insisting that the site’s entire adult personals category be removed. For fear of criminal prosecution, Craigslist complied and implemented a new thorough screening process for the revised “adult” section of the site. Undeterred by the site’s attempt at compliance, South Carolina’s Attorney General, Henry McMaster, continued his public threats of criminal prosecution. After several months in and out of court, Craigslist shifted gears and completely abandoned its U.S. based erotic services category and ultimately withdrew its efforts to reinvigorate its censorship claims against the government.

Undoubtedly witnessing the successful results of their Craigslist bullying, the AG’s then set their sights on Backpage.com, via another demand letter calling on the site to terminate its online advertising of “adult services” under the threat of criminal charges. Conceding to a degree, Backpage unveiled new security measures for its adult personal ads and subsequently called on “friends in the industry” (incidentally, directly naming over two dozen “fellow” websites involved in escort services) to form a “National Task Force” against misuse of online escort advertising. Within weeks of Backpage’s roguish actions, several of the identified sites were staring down the barrel of their own state or federal investigations; none more publicized than the unexpected FBI raid on the corporate offices of Escorts.com. After more than six months of industry speculation on the issue and virtual silence from the company, on June 21, 2011, Escorts.com quietly shut down its website. The explanation for the closure came recently with the filing of a corporate guilty plea and forfeiture of the domain name along with substantial amounts of cash.

While the campaign against Backpage.com had slowly faded from the headlines, a few months ago, in July of 2011, the case took on new life, as Seattle Mayor Mike McGinn, labeling Backpage as a “well-known accelerant of underage sex trafficking,” ordered all city departments to terminate any active advertising relationship with the Seattle Weekly (a subsidiary of Village Voice Media, the publisher of Backpage.com). Most likely a knee-jerk reaction to the letter issued by the National Organization of Women demanding his support in rallying against Village Voice Media, McGinn’s advertising boycott sent ripples through the online escort industry; the effects of which are still being felt today. Just a few weeks later, in an overly public display reminiscent of that waged against Craigslist, forty-six state AG’s, acting on behalf of the National Association of Attorneys General, sent a letter to Backpage.com accusing the site of knowingly profiting from ads related to prostitution and failing to take the security precautions it once promised to implement. Containing a myriad of demands, the letter’s inquiries into Backpage’s business practices range from “describing in detail” what the site understands to constitute “illegal activity” to requesting specific advertisement statistics and company policy documents. Responding to the letter, Village Voice Media emphatically reiterated that there is “no gap between our mutual goal of eradicating the scourge of child trafficking as quickly and effectively as possible.” Citing examples like constant cooperation with police investigators and the successful conclusion of an ad-based sting operation, Village Voice Media maintained that Backpage.com is continually doing everything in its power to prevent criminal activity on its site. Apparently, cooperating with law enforcement is no longer good enough.

The Backpage case was quickly overshadowed by the above-referenced guilty plea by the corporate operators of Escorts.com. National A-1 Advertising and R.S. Duffy, Inc., the parent companies of Escorts.com since 2007, plead guilty to money laundering and criminal forfeiture charges arising from actions that allegedly “facilitated interstate prostitution activities.” According to U.S. Attorney Peter Smith, prostitutes and escort agencies paid to advertise on the site, while customers were charged subscription fees to view such advertisements. The revenue generated by the advertisements and subscription fees constituted the alleged proceeds of “violations of federal laws prohibiting interstate travel in aid of racketeering enterprises, specifically prostitution, and aiding and abetting such travel.” Upon the U.S. District Court’s approval of the settlement agreement, the companies agreed to serve a probation term of 18 months, pay a $1.5 million in fines, and forfeit the domain name www.Escorts.com, along with $4.9 million in cash derived from the alleged unlawful activities. Notably, although the settlement bans the government from bringing additional criminal charges against the companies and their other related business ventures (e.g. – Hotmovies.com and PrimeTel Communications), the agreement does not prohibit the IRS from pursuing any tax-related criminal charges arising from the money laundering. And although prosecutors have reserved the right to criminally pursue individuals associated with both companies, there is no indication that the government intends to pursue such an option. Despite all the ambiguities surrounding the legal fate of online escort directories, one thing is for sure, the pressure from law enforcement not only remains on these online media outlets but is apparently increasing. Legal compliance has never been more important and preventative maintenance is the key. Part II of this blog post will provide an overview of the current issues facing escort websites in light of the current legal environment, and preemptive measures for escort directories that could make all the difference should future litigation arise.

What can you do to succeed in the adult entertainment industry? My advice is to thoroughly research all aspects of the business. And a good place to start is with yourself because only you know if this the right field for you.

Know Your Body

Stand in front of a mirror completely nude and understand that your face and body are special and irreplaceable. These attributes are a huge part of your business, so take care of your commodity. If you have parts of your body that are not firm, then shake what your momma gave you and keep it moving! I am not advocating that you go on a crash diet or turn into a gym rat— just be healthy and take care of yourself. My advice is to accept who you are and how you look, and to have confidence in your unique looks.   To be sexy is to believe in yourself!

Be Confident

Men are very visual, and they enjoy watching and spending time with a woman who is uninhibited. We cannot be successful if we are scared to turn the lights on. Nothing says sexy to a man like a woman who is there to have a good time and who is focused on him instead of worrying about her stretch marks or some imagined flaw. Men select professionals who understand their clients’ needs and who are self-assured. A provider has to be able to tap into her sensual energy to make her sessions enjoyable for both her client and herself. A provider cannot access her clients’ sensual energy if she is unable to access her own!

Get to know yourself and learn to be comfortable with your body. As a provider, your confidence will be a turn-on to your clients leading to both personal and financial rewards!

THE INFORMED PROVIDER, Hosted by Stockroom and Sponsored by Eros.com

FEB 21^ST, 2012
Mark your calendars and RSVP! Space is limited – make sure to RSVP today.

HOW TO RSVP:
Please visit http://www.eros-usa.com/theinformedproviderexpo and click RSVP!

On February 21^st, Eros.com is sponsoring an exclusive expo for Providers in Los Angeles and the surrounding areas. We have invited some of the industry’s top names to join us under one roof for an evening dedicated to improving your business & online brand.

WHAT:  The Informed Provider Expo

WHEN:  Tuesday, Feb 21^st 5-10pm

WHERE:  Stockroom Offices
                   2807 West Sunset Blvd
                   Los Angeles, CA 90026

Details:
We’ll kick things off at 5pm with introductions to the vendors at the Expo – and then open the floor up for you to meet each vendor individually. Eros will be doing a presentation on ‘Online Branding for Your Business’ where we will share some best practices for online advertising and branding. Mistress Serene Sin will be presenting information on being an entrepreneur & business leadership.

Greg (our VP), Winston (Director Operations) and I will be at the event available for any Provider to speak directly with us about their advertising on Eros.  We will also be giving away raffle prizes for advertising on Eros.com AND our hosts from Stockroom will also be providing coupons for discounted shopping at their store!

List of vendors:
Tracy Yapp – Photographer http://www.pureskinstudios.com 
Allure – Certified to Provide http://www.certifiedtoprovide.com
David Allen – Escort Website Design http://www.escortwebsitedesign.com
Davis – Sexquire http://www.sexquire.com
Serene Sin – http://www.serenesin.com/
SWOP Los Angeles http://www.swoplosangeles.org/
EXCLUSIVE!
Photographer Tracy Yapp is in Los Angeles on tour Feb 15^th – 22^nd and offering those attending this event a special deal! She is also setting up AT the expo and taking appointments for that day! Space is limited, so if you are interested – please contact her directly.

• Discounts: 10% off Cashmere and Diamond packages which is a ($195 and $240 dollar discount).
   This only qualifies when you Pre-book for the L.A tour at a Five Star luxury suite.
• Stockroom shoots: Offering one look shoots
• Pure Skin Flies you to Sunny South Florida when you book the DIAMOND package (4 looks)  
Contact Tracy directly at:

Website  http://www.pureskinstudios.com
tel: 954-965-3663 / 954-812-2016
email: info@pureskinstudios.com

NETWORKING MIXER
Let’s close the night out with a big cheers to YOU!

We will be hosting a mixer from 8-10pm for those attending the event allowing us to end the expo with a raised glass to success!

Beer, wine and light appetizers to be available.

Please RSVP today to get your name on the guest list!

HOW TO RSVP:
Please visit http://www.eros-usa.com/theinformedproviderexpo and click RSVP!

Find someone experienced in developing escort websites

Working with someone that understands your business (safety, security, privacy) will help ensure that discretion is maintained from beginning to end. Be wary of designers who correspond with you using an unprofessional email address (Yahoo, gmail, etc.).

Reputation is key

Many web masters claim to have experience in the escort industry. Call or email them and ask to see samples of their work and get client references. Take note on how long it takes to receive a response back. If they are too busy to get back to you within a reasonable amount of time, imagine how long it will take to implement any changes you might have. If you like the samples provided, contact the references and get the lowdown on working with that web master. You can also Google the web master’s name or business to find out additional information.

Own your intellectual property  

Your website, in effect, becomes your “brand” and represents you, your public image, and the services you provide. Intellectual Property (or IP) includes your domain name, content, images, and website code.  Your web master is considered “work for hire” and you own it. You should be able to do with it what you wish (except for re-selling it) as long as you have paid him for his work.

Maintain your privacy

Websites require three primary items: a domain name (e.g. example.com), a web server (or web host), and your website code. Your domain name and web host DO NOT have to be purchased from the same company. If you purchase your own domain name and web hosting, use extreme caution as the information you provide at time of purchase (excluding credit card details) is generally made available to the public and you can inadvertently expose information you want to keep private (ex. home address).  A discreet web master will purchase the domain name and hosting on behalf of his or her clients, keeping their information safe and secure and NOT associated with the website.

Get the features you want

Make a list of what you’ll expect your website to do for you before you start emailing web design companies. Below are some things to consider:

• What persona are you trying to project? Fun, flirty, VIP, sexy?
• What kind of clients are you trying to attract?
• Do you want to have your clients contact you through a form?
• Are there specific features that you’d like to have on your site (i.e. calendar, photo gallery, blog, etc.)?

Make a list of websites you like and note what you like about each. If you have a general idea of the kind of site you’re looking for and you have examples of what you like, it will help ensure that you get the type of website you desire. Keep in mind that animation and overproduced graphics don’t mean a thing if they overshadow the product—you!

Maintenance and upgrades

If you intend to update content regularly ask whether (and how much) the designer charges for that service and how long it takes for changes to be made. If you are good with technology and have time to spare, there are many do-it-yourself options for maintaining websites. One popular tool is CushyCMS.

Find someone that you feel comfortable with

You want to work with someone who does their best to answer your questions and who makes a point of listening to you. Your web master should keep in touch with you on a fairly regular basis during the building of your website. You don’t have to be best friends, but you do want someone you can trust and who will respond to your phone calls or emails in a timely manner. If you feel talked down to or taken advantage of then keep looking.

A great website will attract quality clientele and become an integral part of your business. Following these best practices for hiring a web master should provide you with a secure, professional website while at the same time protect your privacy. Best of luck in your search!

- David Allen, Escort Web Design
http://www.escortwebsitedesign.com 

As each advertising company and medium is unique, it is important to be able to determine how to make your choice in advertising work best for your business.  The best and most direct way of accomplishing this is to have a conversation with a representative of the company to help you customize your experience for your particular business and brand.  Without these interactions and guidance, you are often left to yourself to experiment and determine what types of exposure and placement work best for you.  As you can imagine, this can be a costly exercise.

Finding an advertising company with a strong customer service support staff to lean on can make a big difference in the return on your advertising investment.  Knowledgeable customer service representatives should be able to explain the different types of exposure available, and speak in depth about your advertising options and what products would work best to support your business.  If the advertising company that you employ isn’t available for consultations and discussions, then you are doing business with a silent partner, and one that is demonstrating an incredible lack of care with regards to the success of your investment.

Before choosing to invest in an advertising company, ask the questions below and determine how much of a partner that company can be to your business.  An accessible and engaged advertising company should be able to answer ‘yes’ to each of the following questions:

1. Are there well-trained, knowledgeable and courteous customer service representatives that are easily accessible by phone, email and chat?
2. Are these staff members available for consultation on what is the best exposure for your business (as opposed to only being available for Sales calls, etc.)?
3. Are supervisors and managers available when requested for escalating issues or solving problems?
4. Are customer service representatives PROACTIVE in reaching out to you to ensure you stay informed with regards to your advertising options?

Wording & Tone

Most of us write our ads to appeal to the largest customer base possible. Often this leads to vague language so as not to not exclude anyone, or it leads to long lists of services arranged like a take-out menu. Both approaches have their benefits but must be tempered and used sparingly in order to avoid appearing uneducated or cheap.

If you have a set of specialties, say so early on in your ad but don’t provide a huge list. A few short statements will create mystery and interest. Rather than listing each and every fetish you enjoy catering to, you could say, “Among my favorite activities are spankings, boot worship, bondage, but my interests certainly do not end there! Contact me for more information and I will have you tied and teased in no time!” In my experience this style of ad writing is not only sexier and more appealing, but it makes you more approachable and relatable.

Consider the tone of your ad. Think about how intimidating it is for most men to write you an email, let alone set up and keep an appointment. Doing what you can to be accessible will make it much easier. Many of our ads are written aggressively, immediately insulting the reader with phrases such as, “You will bow down to ME”, or “You are a worthless worm beneath MY feet”. These phrases are fine if you only want to attract humiliation fetishists, but they are completely ineffective when appealing to most other interests. Assert your Dominance by communicating gracefully and regally. Harsh language is not always needed.

Image & Impressions

How you present yourself visually is just as important and detailed as how you present yourself in writing. Attention to detail is key!

If you want the best possible results, be prepared to invest some money in a good photographer. There is no substitute for a professional grade camera and lighting and a photographer with a well-trained eye to bring it all together to highlight the best in you. You must consider everything in your photograph. What sort of message does your setting send? What props or equipment, if any, do you want to show? How much skin should you be showing? What should you be wearing? These are all important questions to ask when planning your photo shoot.

Too often I see beautiful women in well-taken photos that send a confusing message. You should strive for an elegant photo in which you look powerful, well-dressed, and comfortable. Looking mean, angry, or intense is fine, but include images that show you are enjoying yourself. A woman in sexy professional wear casually holding a paddle with a devious smile on her face is far sexier and more powerful than crude nudity and foul gestures. It will also attract a much higher order of clientele—the kind with education and good taste who usually have the means to become regulars.

Please note that just because an item of clothing is sold in a fetish store does not mean it is Domina appropriate. For example, strict posture collars, ballet heels, and constricting latex/rubber/leather items are for submissives only. Posting a photo of yourself in these types of items sends a confusing message. It suggests that you might not know what you are doing or much worse, that you might be easy to “flip”. For those of you who do not know, “flipping” a Domina is when a man books a scene with a Dominatrix with the intention to Dominate, or flip her. It is a rare thing, but it is a possibility you must be aware of, and it can be almost entirely prevented by building a better ad.

Contact Info & Legal Disclaimers

You have written a wonderfully articulate ad and filled it with gorgeous photos showing you to be the beautiful, controlling Domina that you are. All that is left is letting your clients know how they can reach you.

Having both a phone number and an email address where you can be reached is best. If you do not want to be called during certain hours of the day make sure to include that information.  Also include your website address and blog if you have one. If you do not have a blog, start one! It is an excellent way for clients to research you and get to know you better. Most men looking to hire Dominas want a very personal experience and your blog is a great way to lay the foundation for that. You don’t have to write in it every day, but a once a week update will let you build a steady following and can give you an outlet for all your thoughts and philosophies on BDSM.

Finally, at the very end of your ad I highly recommend including a legal disclaimer of some kind to protect you from projecting the image of offering illegal services. Legislation varies widely from place to place, and in many places is not legislated at all. It also makes it perfectly clear to whoever reads your ad that you are a serious professional and not an amateur looking to make a quick buck.

Following these tips will help you build the specific image you want and attract the kind of clientele that fits your personal style of Domination. Present yourself with dignity, grace, and pride and Dominate in good health! Please feel free to contact me, Mistress Rowynn at MistressRowynn@gmail.com.

Note: The author is not an Attorney. You should always seek legal advice from a trained professional.

From all of us at the Informed Provider – please be safe.