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NEWS: Virginia Man's 20-Year Sentence for Anime Child Porn Upheld


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Jedi Master



Joined: 28 Nov 2008
Posts: 400
PostPosted: Wed Dec 24, 2008 1:37 pm Reply with quote
Xanas wrote:
This isn't like violence, which is neutral in and of itself.


Huh? Real people shouldn't hurt other real people. I understand there are exceptions such as when force needs to be used to stop someone from causing harm to others. But generally, violence is bad.
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Jedi Master



Joined: 28 Nov 2008
Posts: 400
PostPosted: Wed Dec 24, 2008 1:49 pm Reply with quote
I was thinking about it after my previous post and I realized that violence really is relevant to this discussion. The reason real life child porn is bad is because it is made via violence towards real children. The violence may be sexual in nature, but is still violence (people causing harm to other people).
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Ganryu



Joined: 05 Mar 2005
Posts: 106
PostPosted: Sat Dec 27, 2008 4:50 pm Reply with quote
Xanas wrote:
I really think people are stretching to say that any regulation about obscenity is the same as regulation over everything.


Actually it is.

In order to ban something, you need to define what it is you want to be banned and that will mean you will have to draw a line. If the line is unclear you will have a gray area with material that MIGHT be illegal.

Xanas wrote:
That being said, I don't think it's good to promote such work, and I think someone should be forced to seek help if they are doing this.

1) Yes, it's true that child-porn animation doesn't cause people to act out anymore than heterosexual porn causes rape, but constant entertainment of wrong thinking is certainly not beneficial.


Violence is certainly not beneficial either... Or is it?

Xanas wrote:
There is no such thing as good child sexuality.


Tell that to all the teenagers having sex.

Xanas wrote:
And I don't think anyone can deny that media has influence on some people. Sure, I'll grant that it may not hurt most, but if the media truly has no redeeming value then why defend it?

(If you are saying it has redeeming value of any kind, you are definitely defending the media and going beyond the slippery slope argument)


That's a non sequitur argument if i haven't seen one.

The material itself does not need to be defended on the basis of any kind of redeeming value. It merely needs to be defended on the basis of free speech. Speech does not need a redeeming value to be free.

Xanas wrote:
2) Slippery slope arguments abound here. The argument seems to be that any regulation is too much, which is honestly a quick way to get no hearing at all from the other side. If the most important thing is that the punishment is too harsh, go after the logic behind lowering the punishment (there is no direct harm), rather than proceeding onto discussions of how this limits all freedom when it clearly does not do that. You can only say that when they are actually coming after you for "Haruhi porn" and if you can find me an example of someone being put in prison for that for 20 years.. please do. I think I'll be waiting awhile. We all know these 2 things aren't the same.


The Haruhi example has NOTHING to do with the slippery slope. The slippery slope assumes that one ban with lead to another, which is not my argument. My argument is that the ban will lead to a gray area that will include material that was originally not considered when the law was created.

Let me give you a related example: Several teenagers in the US have been charged with distribution of child pornography for taking pictures of themselves and sending those pictures to friends. Surely that was not the intent of the law initially, but a literal interpretation of it doesn't disagree... SO IT HAPPENS.

The same thing is obviously going to happen with hentai. The law itself cannot set a definite 18 year limit on a character because that is impossible to define, so all that is left is to define the age of the characters based on looks only. This means you will get a huge gray area. How old is Yuki Nagato? Of course the intent of a potential law is not to ban Yuki Nagato porn, but as with the teenagers who take pictures of themselves, the law often hits more than what was originally aimed for.

Xanas wrote:
My thoughts concerning this are based on the belief that such individuals who are into child-pornography can be cured. I'm not certain this is true in all cases. If they cannot be, then I would seek more study on whether or not this actually causes them not to commit crime or doesn't have any affect. I tend to think though that people can control their desires as long as they don't focus on what they know to be wrong.


There's been three studies i know on that deal with the effect of pornography on crime statistics.

Study A: Showed no correlation
Study B: Showed a slight decrease in sexual crime as porn availability increased
Study C: Showed that the more porn was available, the lower the rape frequency became
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Xanas



Joined: 27 Aug 2007
Posts: 2058
PostPosted: Sun Dec 28, 2008 12:21 am Reply with quote
Jedi Master wrote:
Xanas wrote:
This isn't like violence, which is neutral in and of itself.


Huh? Real people shouldn't hurt other real people. I understand there are exceptions such as when force needs to be used to stop someone from causing harm to others. But generally, violence is bad.

Violence is present in all kinds of things that aren't bad, the exceptions are probably more prevalent than what you call "general" here. Violence is shown and used every second on the planet for things that aren't bad.

Contact sports, hunting, etc. Most of the prior are also "entertainment" in this day and age (hunting being not so much necessary for most anymore). Defending oneself from others as you say also is included.

Ganryu wrote:

Actually it is.

In order to ban something, you need to define what it is you want to be banned and that will mean you will have to draw a line. If the line is unclear you will have a gray area with material that MIGHT be illegal.

Hmm, strange that you took my comment about "any" to mean that I'm in support of some kind of very generic obscenity law. That's not what I said though. I said I'm not against a law, I never specifically said I thought it should be left gray or undefined. I do think it should exclude animation as a rule, except insofar as the animation is explicitly about children within it's own context.

I don't think the law needs to get into trying to have judges determine how young an animated character looks. I do think this area is one that judges should avoid. If they have an offender with real child porn and animated, then they should really ignore the latter for the former. I don't like the decision that was made in the article because it focused on both as though they were the same and they most certainly are not.

Ganryu wrote:

Tell that to all the teenagers having sex.

I'm not referring to teenagers here, and I think most people discussing "child porn" don't have consenting teenagers in mind when they refer to it.

Ganryu wrote:

The material itself does not need to be defended on the basis of any kind of redeeming value. It merely needs to be defended on the basis of free speech. Speech does not need a redeeming value to be free.

There are already exceptions to what speech is free on other grounds. Should society agree that this speech has negative effects, then "free" would exclude this just as it includes shouting "fire" to cause a panic. If you or someone else has a study that shows that animated child pornography makes these crimes occur less, then I'd be interested in that, but I think what you refer to later on is much more general than that.

Ganryu wrote:

There's been three studies i know on that deal with the effect of pornography on crime statistics.

Study A: Showed no correlation
Study B: Showed a slight decrease in sexual crime as porn availability increased
Study C: Showed that the more porn was available, the lower the rape frequency became

And these studies, did they deal specifically with child pornography? If not this is really a strawman argument.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Sun Dec 28, 2008 6:03 am Reply with quote
Ganryu wrote:
Xanas wrote:
I really think people are stretching to say that any regulation about obscenity is the same as regulation over everything.


Actually it is.

In order to ban something, you need to define what it is you want to be banned and that will mean you will have to draw a line. If the line is unclear you will have a gray area with material that MIGHT be illegal.
That is what courts are for. These things will be judged one way, or another, and when all appeals are exhausted a precedent will have been set for future trials to reference to. One has to keep in mind that it's not just the technicalities of the matter that is judged, as many here are arguing over, but also the morality and ethics of it as well. Say someone somewhere produced a live action child porn video, but instead of distributing directly to the world, took the bother to trace each frame with a graphics programme then colourise it to make it look like a drawn animation, and then distributes it. Would that arguement that it's "not real" still hold true, if no one knew it was traced from real material? The point the court will try to make is that it makes no difference, because the drawn vision causes the same satisfaction to the one looking at it as the real one would. One can not say "I like looking at a child porn manga , but not a live action version," and not expect the majority of people to look at them with some sort of revulsion, when one could quite easily be made from the other. I'm replused by both, and therfore find both obscene. And before those who have only scanned the recent pages, start railing again, I'll reiterate that I believe 20 years for a conviction is far too harsh in this situation. Wink
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shadowblack



Joined: 24 Feb 2008
Posts: 37
PostPosted: Sun Dec 28, 2008 7:26 am Reply with quote
Xanas wrote:
Ganryu wrote:

Tell that to all the teenagers having sex.

I'm not referring to teenagers here, and I think most people discussing "child porn" don't have consenting teenagers in mind when they refer to it.

Too bad the law doesn't care what YOU (or anyone else) have in mind when discussing "child porn". A minor is a minor, regardless of whether he's 6 or 16.

Xanas wrote:
Ganryu wrote:

There's been three studies i know on that deal with the effect of pornography on crime statistics.

Study A: Showed no correlation
Study B: Showed a slight decrease in sexual crime as porn availability increased
Study C: Showed that the more porn was available, the lower the rape frequency became

And these studies, did they deal specifically with child pornography? If not this is really a strawman argument.

Is there ANY unbiased* study that deals specifically with child porn and shows that child porn causes an increase in real-life sex abuse of children? Until there is it is safe to assume, based on the studies listed above, that, in the worst case, virtual child porn (i.e. involving non-existent children) does not have any effect on real life sex crimes involving children. And in the best case it actually reduces such crimes, as the potential criminals are satisfied with watching some drawings, so they don't go after real children.

* - I know it's hard to be unbiased when it comes to child porn, but it should be possible.

Quote:
The point the court will try to make is that it makes no difference, because the drawn vision causes the same satisfaction to the one looking at it as the real one would.

Then someone should tell the court that it is not always true.
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Ganryu



Joined: 05 Mar 2005
Posts: 106
PostPosted: Tue Dec 30, 2008 2:30 pm Reply with quote
Xanas wrote:
Jedi Master wrote:
Xanas wrote:
This isn't like violence, which is neutral in and of itself.


Huh? Real people shouldn't hurt other real people. I understand there are exceptions such as when force needs to be used to stop someone from causing harm to others. But generally, violence is bad.

Violence is present in all kinds of things that aren't bad, the exceptions are probably more prevalent than what you call "general" here. Violence is shown and used every second on the planet for things that aren't bad.


So is sex.

(just had to add that) Cool

Xanas wrote:

Hmm, strange that you took my comment about "any" to mean that I'm in support of some kind of very generic obscenity law. That's not what I said though. I said I'm not against a law, I never specifically said I thought it should be left gray or undefined. I do think it should exclude animation as a rule, except insofar as the animation is explicitly about children within it's own context.


But the law is generic by definition. In order for a picture to be illegal you need to know if the character in question is of a legal age. What do you do if you can't determine that? What do you do if the character looks like she's 16? Is she 16? There are girls in real life that are in their middle twenties but look like they could be under 18. The law cannot avoid creating a gray area because the law can only go on the look of the characters, and that is a gray area in itself.

You could set extremely specific limitations like "this character has visibly not yet reached puberty" but that will STILL create a gray area.

Xanas wrote:
I don't think the law needs to get into trying to have judges determine how young an animated character looks. I do think this area is one that judges should avoid. If they have an offender with real child porn and animated, then they should really ignore the latter for the former. I don't like the decision that was made in the article because it focused on both as though they were the same and they most certainly are not.


I can partially agree with that though that makes the fact that the drawings can be considered child porn irrelevant in the first place.

Xanas wrote:
Ganryu wrote:

Tell that to all the teenagers having sex.

I'm not referring to teenagers here, and I think most people discussing "child porn" don't have consenting teenagers in mind when they refer to it.


No of course they don't have it because they likely haven't seen lolicon and thus can't determine what it actually IS.

Xanas wrote:

Ganryu wrote:
The material itself does not need to be defended on the basis of any kind of redeeming value. It merely needs to be defended on the basis of free speech. Speech does not need a redeeming value to be free.

There are already exceptions to what speech is free on other grounds. Should society agree that this speech has negative effects, then "free" would exclude this just as it includes shouting "fire" to cause a panic. If you or someone else has a study that shows that animated child pornography makes these crimes occur less, then I'd be interested in that, but I think what you refer to later on is much more general than that.


Society also deemed that witches had negative effects Very Happy

Quality of opinion > Quantity of opinion

Xanas wrote:
Ganryu wrote:

There's been three studies i know on that deal with the effect of pornography on crime statistics.

Study A: Showed no correlation
Study B: Showed a slight decrease in sexual crime as porn availability increased
Study C: Showed that the more porn was available, the lower the rape frequency became

And these studies, did they deal specifically with child pornography? If not this is really a strawman argument.


No it's not a strawman. The third study dealt with child porn by in a way. The countries examined in the first two studies were denmark and sweden or norway, i'm not exactly sure but they were both scandinavian as far as i remember. The third study was concerned with japan.

The third study concluded that as porn availability (of hentai, regular porn, lolicon) increased, the rape frequency decreased AND the age distribution among victims changed so that a proportionally less amount of children were being raped at in the 90ies than adults.

These are anyway the only three studies i know of on the subject and none of them seem to indicate that porn availability has any kind of negative effect on society and the only case which involved lolicon was the one that demonstrated a decrease in overall rape frequency.

Of course there are likely flaws with these studies, but i'd like to see one that proves damage until i will even consider support legislation.

Mohawk52 wrote:
Ganryu wrote:
Xanas wrote:
I really think people are stretching to say that any regulation about obscenity is the same as regulation over everything.


Actually it is.

In order to ban something, you need to define what it is you want to be banned and that will mean you will have to draw a line. If the line is unclear you will have a gray area with material that MIGHT be illegal.


That is what courts are for. These things will be judged one way, or another, and when all appeals are exhausted a precedent will have been set for future trials to reference to. One has to keep in mind that it's not just the technicalities of the matter that is judged, as many here are arguing over, but also the morality and ethics of it as well. Say someone somewhere produced a live action child porn video, but instead of distributing directly to the world, took the bother to trace each frame with a graphics programme then colourise it to make it look like a drawn animation, and then distributes it. Would that arguement that it's "not real" still hold true, if no one knew it was traced from real material? The point the court will try to make is that it makes no difference, because the drawn vision causes the same satisfaction to the one looking at it as the real one would. One can not say "I like looking at a child porn manga , but not a live action version," and not expect the majority of people to look at them with some sort of revulsion, when one could quite easily be made from the other. I'm replused by both, and therfore find both obscene. And before those who have only scanned the recent pages, start railing again, I'll reiterate that I believe 20 years for a conviction is far too harsh in this situation. Wink


I see your point there (bolded part) but it's not really relevant because here we're talking about fictional material as a whole, not a derivation from photographic material. However my opinion is if the people can't be identified there's no harm IN THE MATERIAL ITSELF... But the production is obviously criminal and they should be jailed for that Cool
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