According to legal experts, the laws that have been regulating prostitution have left giant loopholes when it comes to online prostitution. So though real life brothels can still be policed with those old laws, brothels that originate and operate over the Internet have managed to escape the law. Ruh Roh.
The discussion of these prostitution laws started when a New Mexico court ruled that a retired professor and former college administrator who were accused in starting a multistate, online prostitution ring did not start a "house of prostitution" even though the two men used the website to promote and recruit its prostitutes. The judge said, the two men's website was not a "place where prostitution is practiced, encouraged or allowed." The problem? It totally was—the prostitution ring had 14,000 members with 200 prostitutes, $200 could get you one sex act while $1,000 lasted an hour—only the website wasn't your traditional, brick and mortar brothel.
According to legal experts, these laws screw over the prosecution of online brothels because the authorities can't prosecute them as brothels because they're websites and since they're websites they can be defended as free speech. Scott Cunningham, a Baylor University professor told the Huffington Post:
"Sometimes states' laws are too specific and were written years ago, long before the Internet. That's why we are seeing some successful challenges to laws when websites are involved."