Illegal Porn, and what to do about it

[cherie]

Since it’s been in the news here at Panty Hog recently, I wondered if anyone else had given any thought to the question of what do you do if you happen to come across something that you think may be illegal.? I am talking specifically about child porn here, which I think we can all agree ought to be illegal, not subjectively offensive material (like perhaps the stuff asseater might enjoy).

I have read in several places that you ought not report anything to police authorities, as doing so (especially if you’re running an adult business yourself) is basically asking to be prosecuted, and that people can be and have been prosecuted in that situation.? One would hope our legal system would be capable of discerning between somebody who’d found something and reported it and somebody who’d been collecting the stuff, but, well, our police/court systems have also been known to screw up royally.

I’ve come across this website:
http://www.asacp.org/index.php

for the Association of Sites Advocating Child Protection, which describes itself (I’m paraphasing very loosely here) as a non-profit organization of adult sites which is dedicated to policing the industry for illegal material.? Among other things, they provide a place other than the cops to report said stuff.

Now you may think it’s something you’ll never encounter, but I’m sure any guy who’s subscribed to a newsgroup or visited a tgp site has looked at pics of young women made up to look even younger.? And according to United States law at least, a model must not only be over 18, she must appear to be over 18.? And this includes drawings too.

(more next post)

[cherie]

And just in case ya’ll didn’t believe me about that last comment, here is the text of the law in question (18 USC 2256):

For the purposes of this chapter, the term?
(1) ?minor? means any person under the age of eighteen years;
(2)
(A) Except as provided in subparagraph (B), ?sexually explicit conduct? means actual or simulated?
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;
(B) For purposes of subsection 8(B) [1] of this section, ?sexually explicit conduct? means?
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;
(3) ?producing? means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) ?organization? means a person other than an individual;
(5) ?visual depiction? includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;
(6) ?computer? has the meaning given that term in section 1030 of this title;
(7) ?custody or control? includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
(8 ?child pornography? means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where?
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

This law, BTW, has been on the books for YEARS, it is not something new that just passed!? The recent change to the law extended the recordkeeping obligations of adult businesses, which makes it harder for places like Panty Hog to run but doesn’t make child porn any more illegal than it was before.

That said, one adult webmistress of my aquaintance commented that the new law might have the unforseen benefit of making lots of people a good deal more careful about the hardcore vs. softcore quality of their “publicity” materials.? Since places like PHog are tightening up on what is and isn’t allowed in galleries, banner ads and so on (due to not wanting the hassle of keeping model releases on file for everybody) the kind of stuff joe surfer encounters may be becoming a little more tasteful.? Or tamer, depending on your perspective.

xox
Lady Cherie

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