| Another Warning, Plz Listen! |
Not Really |
| shounen-ai (shounen-ai@shounen-ai.com) |
2009/01/11 10:42 |
Things have changed. There are now laws in the US that state it is a
crime to ask for or to offer to send certain types of media that might
be considered illegal. In the meantime, we have certain people
scouring Usenet looking for messages that may indicate that this type
of thing is being passed on. No matter how much you might think you're
protected, if you describe posts as containing illegal stuff -- or
even hinting that is has illegal stuff -- you're putting yourself at
risk.
Remember that a judge in an Australian Court recently declared naughty
drawings of the Simpsons as illegal. Such laws already exist in Canada
and Great Britain, where even stories can be considered illegal. In
fact, in Jolly Ol, a film-maker was convicted of making illegal stuff
because an adult actress portrayed a minor engaged in sex, despite the
fact that the actress herself appeared as a witness and could document
the fact that she had been an adult at the time of the filming. A
recent decision in a US Appeals Court has made a similar ruling that
drawings can be considered illegal, though that decision is likely to
be over-turned by the Supreme Court based on past precedents wherein
the US has consistently defined depictions of sexual abuse only
illegal if an actual, flesh-and-blood child is depicted as being
abused. However, other courts are trying to circumvent this ruling by
declaring such things "obscene" and thus illegal to distribute. There
is no law against possessing obscene stuff, but it is illegal to
distribute it, the courts having previously stated that obscenity is
not covered by the Freedom of Speech protections guaranteed by the US
Constitution. Lawyers will argue that the definition of "obscene" is
too poorly defined; they may even argue that it is a matter of opinion
and that the opinion of the majority is no more valid than the opinion
of the minority in matters of law wherein no one has been harmed or no
rights have been interfered with. Hopefully they will even argue that
suspending such things is a violation of the rights of the individual
to have free access to such things if they so choose. The alternative
is that many current works of popular fiction may also be found to be
illegal if such laws and policies are upheld. Not to mention the fact
that it clearly infringes on the right of the individual to enjoy
freedom of speech in his or her own home.
The important thing for all of us to understand in this time of
uncertainty is that we have to watch what we "say" online. Be careful
what you ask for, be careful what you offer. Be careful not to
describe things that should not be described in a public forum. Doing
so places everyone who has posted here at risk -- yourself not the
least as it clearly indicates that you have downloaded the file: it's
as good as a confession.
No matter how safe you think you are, no matter how safe you might
think a particular group is -- you could be wrong. Secrets are
fleeting. A jail cell is the gift that keeps on giving, even after you
leave it.
Also, pass the word along to others. It's not just a matter of
standing together. It's a matter of self-protection.
shounen-ai
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