Wednesday, March 22, 2006

My Post Form rec.radio.amateur.policy regarding the crackdown on anime
sitesThe following is a post I wrote regarding the recent crackdown on
Japanese anime / hentai sites and was posted on
rec.radio.amateur.policy, Also upon writing this Onii-chan another site
was shut down:


Let's make something clear Child porn is illegal, well actually child
porn is Legal, according to US Supreme Court Some of it may be artistic

and therefore protected by the constitution. It the Processes on how
it made that makes it illegal. In 1996 Congress passed the Child
Pornography Prevention Act of 1996, which reinforced that that fact
that the process on how child porn was created was illegal. But the law

also banned "virtual child porn" that including computer generated,
art, sculptures, cartoons and other artificial means. The US Supreme
Court struck it down because it banned material that was protected
under the first amendment, and unlike REAL child porn no children were
harmed in the creation of it. The government also argued that people
could use this material to entice children and also could be used child

molesters to basic reinforce their behavior, but the court ruled that
there was no evidence that such things happening as the court basically

stated a child molester or child rapist isn't going to be using
"virtual" material, their going to be using the real stuff. For if
there was this big market for virtual child porn or "fake child porn"
then the real child porn market will disappear, if a safer alternative
was there. Safer for both the child (since virtual child porn doesn't
use real children, but using artificial means i.e.. computer, art,
sculptures, and cartoons) and safer for the distributers because he
wouldn't be in fear of his life getting caught by the government, since

child porn itself isn't illegal, only the process on how it's created
is. So the Supreme Court struck down the CPPA, so Congress went back
and passed the Child Obscenity Pornography Prevention Act (COPPA) COPPA

again banned virtual child porn, (the computer generated stuff) but
this time it has be "indistinguishable" and the term
"indistinguishable" used with respect to a depiction, means
virtually indistinguishable, in that the depiction is such that an
ordinary person viewing the depiction would conclude that the depiction

is of an actual minor engaged in sexually explicit conduct. This
definition does not apply to depictions that are drawings, cartoons,
sculptures, or paintings depicting minors or adults. The second part of

COPPA made it Illegal of have painting, sculptures, cartoons that
depict children having sex and are consider to be Obscene. The Second
part of COPPA isn't a child porn law, it's a Obscenity law. For
something to be consider obscene it be the following

"(1) an average person, applying contemporary community standards, must
find that the material, as a whole, appeals to the prurient interest
(i.e., material having a tendency to excite lustful thoughts);

(2) the material must depict or describe, in a patently offensive way,

sexual conduct specifically defined by applicable law; and

(3) the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value

To be consider Obscene it must be ALL three of those things listed
above and if it survive just one it's not obscene. The first two are to

be judge on a local or state level and the third is based on national
level. In the State of Illinois it's not illegal to have cartoons
(including the ones on my board) the State of Illinois only bans REAL
child porn. As for Obscenity in the state of Illinois #1 and #2 of the
Miller test in Illinois
applies to ADULT COMMUNITY STANDARDS, So obscenity in Illinois is a
little more relax.
Secondly cartoons have been deemed by the courts to be an
art form, since they are drawn by hand they are an art form and
protected under the first amendment. Finally, last time I check (which
was last week) a group has challenged COPPA in the courts and it will
be a long time before a final judgment will be issued.

Todd N9OGL
Demented Otaku Lolicon Board
http://12.156.123.39/cpg135/index.php

Demented Otaku Lolicon Discussion Board
http://12.156.123.39/lolicon/index.php