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The Beginning Of The End For Virtual Child Pronography
Posted 11/30/08 , edited 12/3/08

Japan's Lack of Laws on Virtual Child Porn Criticized

http://www.animenewsnetwork.com/news/2008-11-27/japan-lack-of-laws-on-virtual-child-porn-criticized

Japanese manga, anime spotlighted at global conference on sexual exploitation

A participant at the ongoing World Congress III Against the Sexual Exploitation of Children and Adolescents criticized Japan on Wednesday for not restricting manga and anime with explicitly sexual depictions of children, or "virtual child pornography." Dr. Ethel Quayle, a prominent psychologist from Cork, Ireland, addressed a session attended by all the gathered representatives in Rio de Janeiro, Brazil. According to Quayle, the United Kingdom and other countries outlaw comics with sexual depictions or abuse of children. Qualye said that Japan does restrict photographs of actual children, but does not restrict manga or anime. She asserted that this allows "problematic" images to spread throughout the rest of the world.

A law is circulating through Japan's parliament that would amend Japan's child pornography laws, but not regulate the virtual kind. Instead, the government has decided to study the issue of virtual child pornography for three years, despite protests from the Japanese branch of the United Nations Children's Fund
. The parliament will consider the results of the study before making a future decision on the issue. Nobuto Hosaka of the Social Democratic Party introduced a petition that called for illustrations and other fictional portrayals to be specifically exempt from the pending child pornography ban.

The other Group of Eight (G-8) countries besides Russia have laws that ban child pornography, but one ban against the virtual kind, the PROTECT Act of 2003, is being tested in American courts. A trial is about to begin on December 2 for an Iowan man accused of receiving and possessing obscene Japanese manga.

Neil Gaiman, an award-winning British writer who now lives in the United States, has spoken out on behalf of the defendant in Iowa. Gaiman noted to MTV's Splash Page that he "wrote a story about a serial killer who kidnaps and rapes children, and then murders them. We did that as a comic, not for the purposes of titillation or anything like that, but if you bought that comic, you could be arrested for it? That's just deeply wrong. Nobody was hurt. The only thing that was hurt were ideas."


3,000 representatives from the governments and non-governmental organizations of 140 countries are attending the global conference in Brazil. They plan to issue a joint declaration on Friday, the final day of the conference.

Hm... I wonder if people should consider burning their copies of Lolita(ISBN 1-85715-133-X) right about now.


beyourownlight wrote:


xilith wrote:

I once drew a picture of a man getting killed. I got arrested for murder.


THIS.

Virtual child pornography is a slippery slope, and has already had mostly failure in the US court system. Personally, I highly doubt that anything will come of it in the near future. The US Supreme Court currently lies in a conservative majority, but will probably end up more liberally balanced after Obama's first term.

Even under the Bush Administration, the Justice Department, who applied some of the first pornography charges in YEARS(see US(Ashcroft) vs. Extreme Associates), found it was difficult to get any prosecutions except in the most offensive types of REAL pornography, and even in the aforementioned case, the ruling was overturned and then reinstated because of the vague interpretations of the Miller Test. The problem is, the test is incredibly subjective and currently under examination. When you get into morality, the lines get awfully fuzzy.

Certainly, the PROTECT Act of 2003 made provisions against virtual child porn, but many of them have already been struck down. In fact, only one challenge has been upheld, but could still be overturned should it be brought to a more liberal Supreme Court.

There are other things that are more pressing, actionable problems, frankly, including REAL child pornography. I doubt that this will be on the list of any country's top priorities any time soon. And things discussed at G8 or any other number sessions generally are the problems which are rarely acted upon, even in the most important scenario(see global warming/Kyoto Protocol).

In other words, your loli hentai is probably safe for now and in the foreseeable future, for a myriad of obvious and obscure reasons.


After exhausting all known legal resources, I've arrived to the same conclusion as well. The very subjective nature of obscenity/Miller test just isn't concrete enough. Just like moral compass can varies from individuals, depending on their education and sense of value.

So I believe in the case of virtual child pornography in anime, this is a false alarm.

Also, District Judge Gritzner finds part of PROTECT Act of 2003 regarding virtual child pornography unconstitutional:

BetaKiller wrote:

Here's one reason:

Eric Chase and his team at the United Defense Group have been vigorously defending Handley, and scored a major First Amendment victory earlier this year when the judge found portions of the PROTECT Act unconstitutional in his ruling on a motion to dismiss. District Judge Gritzner of the Southern District of Iowa found that subsections 1466(a)(2) and (b)(2) of 18 U.S.C. 1466A unconstitutional. Those sections make it a crime to knowingly produce, distribute, receive, or possess with intent to distribute, "a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting," that "is, or appears to be" a minor engaged in sexual conduct. Judge Gritzner found that those sections restrict protected speech and are constitutionally infirm."
Source: http://www.animenewsnetwork.com/press-release/2008-10-09/cbldf-to-serve-as-special-consultant-in-protect-act-manga-case

If you don't bother to read, it's unconstitutional.
Posted 11/30/08
So basically we're all going to be arrested because we own child porn?
Posted 11/30/08

Yoshiya-Kiryuu wrote:

So basically we're all going to be arrested because we own child porn?


Virtual child pron, apparently. And it still depends on where the wind blows with this issue.
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Posted 11/30/08
whatever.
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Posted 11/30/08
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Posted 11/30/08
But what will become of the touching tale of Humbert Humbert and his step-daughter Delores?

And I'm more surprised that they're cracking down on this in America. I thought we were supposed to be free to be who we wanted to be here. I expect this sort of thing from Britain, but never the good old United States.
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Sade612 wrote:

But what will become of the touching tale of Humbert Humbert and his step-daughter Delores?

And I'm more surprised that they're cracking down on this in America. I thought we were supposed to be free to be who we wanted to be here. I expect this sort of thing from Britain, but never the good old United States.


The US government is becoming more active in controlling what its citizens can and cant do. And yes, this is a bad thing.
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Posted 11/30/08 , edited 11/30/08
are you saying anime is bad -_-
Posted 11/30/08
no more lolis?
Posted 11/30/08

Sade612 wrote:

But what will become of the touching tale of Humbert Humbert and his step-daughter Delores?

And I'm more surprised that they're cracking down on this in America. I thought we were supposed to be free to be who we wanted to be here. I expect this sort of thing from Britain, but never the good old United States.


Good question, let's have a closer look at the PROTECT Act of 2003 from the US Department Of Justice(http://www.usdoj.gov/opa/pr/2003/April/03_ag_266.htm) for what it has to say about that:


Problem #3: Past Legal Obstacles Have Made Prosecuting Child Pornography Cases Very Difficult. Last year, the Supreme Court declared unconstitutional a federal law that criminalized the possession of “virtual” child pornography, i.e., materials whose production may not have involved the use of real children. This decision has made it immeasurably more difficult to eliminate the traffic in real child pornography.

·Child pornography takes place largely over the internet, so most of the child pornography cases that are brought involve computer files of images. Defendants now routinely seek to escape conviction by claiming that there is a “reasonable doubt” as to whether the computer image is that of a real child.

·As computer imaging advances, this problem will worsen. Some experts already claim that it is impossible to tell whether a particular image was made using a real child. Future prosecutions will become battles of experts that will confuse juries and harm our ability to protect our nation’s children.

Solution #3: Strengthen the Laws Against Child Pornography in Ways that Can Survive Constitutional Review. Among other provisions, the bill will:

·Revise and strengthen the prohibition on ‘virtual’ child pornography.

·Prohibit any obscene materials that depict children, and provided tougher penalties compared to existing obscenity law.

·Encourage greater voluntary reporting of suspected child pornography found by internet service providers on their systems.


So the real question is whether or not the 1955 fictional story of Lolita is "obscene":


http://www.merriam-webster.com/dictionary/obscene
1: disgusting to the senses : repulsive
2 a: abhorrent to morality or virtue ; specifically : designed to incite to lust or depravity b: containing or being language regarded as taboo in polite usage <obscene lyrics> c: repulsive by reason of crass disregard of moral or ethical principles <an obscene misuse of power> d: so excessive as to be offensive <obscene wealth> <obscene waste>

That sounds more like based on a personal preference, rather than a clearly defined guideline. Imagine, just how do you explain virtual child pornography to a classroom full of children, using a personal preference such as obscenity?
Posted 11/30/08
Well I am not up for a ban on it,even though I am not a fan of said genre. I would need more concrete evidence it is harmful, mabye after Japan produces it's findings on the matter will I be totally for or against.
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Posted 11/30/08 , edited 11/30/08
Depictions, fictional or real, in the form of pictures, drawings or even just writings, of individuals under 18 in sexual situations are already illegal in Canada, unless they have scientific value, artistic merit, are family photos, are private works of the imagination created exclusively for oneself, or are created by a married teenage couple for their own private use.

The Canadian Criminal Code defines Child Pornography as "visual representations that show a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity and visual representations, the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of 18 years." and also includes "visual representations and written material that advocates or counsels sexual activity with a person under the age of 18 years that would be an offence under the Code"

The Supreme court ruled in the case R v. Sharpe, that "person" includes imaginary or visual children, as well as actual children.

So....... technically, your loli anime kiddy porn is illegal, and can get you jail time for posession.

EDIT:
If you're Canadian.
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Posted 11/30/08
Its like the world hates me for some reason....
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Posted 11/30/08
It'll always be on the internet, it's not like their going 2 make internet cops.. lol just thinking about... lol
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Posted 11/30/08
No more Lolicon?
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