Originally Posted by Quentin

This is a commonly held misconception, but a misconception nonetheless.

The tubes are relying on being considered OCPs ("online content providers") as that term is defined under the Communications Decency Act, and operating on the assumption that they would have immunity to prosecution under 2257 by way of CDA Section 230 immunity.

It's a theory which, to my knowledge, has never been tested in court (I could very well be wrong about that, though).

Larry Walters wrote a good two-part piece for XBIZ about this some time ago, and he does a much better job of explaining it than I can. Here's part 1, and here's part 2 for those interested in the subject.