@whiteDwarf-0 Personally I avoid those files like the plague. The very fact that they used to be on the banned lists of several torrent sites has embedded itself in my brain, and even if he himself is older now you have to ask yourself if their other performers are above board given past suspicions. I do find myself wondering the same thing about quite a few OF performers, but given that sites like OF and JFF have age verification policies in place I would hope that everything you see on those sites is compliant with the law.
It does make you wonder though about how culpable an individual might be if they were to be found with questionable files downloaded from one of those sites. Could you, for example say that as the site has policies in place to ensure that all performers are of legal age you should not be held accountable? Clearly it is impossible for viewers to check a performer's ID, so should there be something akin to the UK's "Challenge 25" policy? (For the foreigners here, the Challenge 25 policy is meant to prevent underage people from buying alcohol. It means staff should check IDs for anyone who looks like they might be under 25, saving a lot of problems at the till when 18 or 19 year olds used to get offended at being asked for ID.) Of course, such a move would completely eliminate all twink porn.
It's an interesting question, probably much debated in the past when Brent Corrigan's real age was discovered after shooting some scenes for Cobra. After all, how is a viewer meant to know if someone is 17 or 18? You would think that should the police decide to try to get a conviction the onus would be on them to prove the performer was underage. When you hear in the news about underage pornography I think we all associate it with children who could never be mistaken for an adult, but it becomes much harder to discern the legality of the issue when talking about performers at the 18+ threshold.