The provision is intended to cover those Internet Web Sites that are established, maintained, operated, managed, supervised, controlled, or administered in this state. See, e.g., Article I section 1.03 of this Code. As with Ohio Rev. Code Ann. 2907.22, this provision forbids acts which further the business enterprise of prostitution whether or not the person benefits financially from the act of prostitution or the advertisement of such acts. This section is not intended to impose any liability on the Internet Service Provider, who is merely providing access to the Internet.
Prostitution is a crime in almost every state.
Therefore, given a person's ability to reach vast numbers of people using the Internet, promoting prostitution over the Internet should not be tolerated. Promoting prostitution over the Internet has the potential to severely effect the health, safety, welfare, and morals of every citizen within the state. Therefore, it is within the police powers of the state to regulate such conduct. Prostitution is an illegal activity and therefore receives no First Amendment protections. This provision as it pertains to sexually oriented escorts and sexually oriented escort bureaus should also withstand constitutional challenges.