quoted from synechdochic's post (http://synecdochic.livejournal.com/147625.html):
"'It is not a required element of any offense under this section that the minor depicted actually exist.'"
OK, I didn't realize before that the law is this ridiculous. That's like Jesus saying that thinking about sinning is the same as sinning. But even Jesus didn't mean it like this law does. "Sins" of fantasy go to the confessional, not to court! This sort of thing doesn't belong in the law. Not only is this unjust and unconstitutional, it's a waste of government resources that should be committed to incarcerating/prosecuting people who actually harm children.
I don't blame LJ at all for taking this sort of thing seriously. The internet doesn't exist in a vacuum, though a lot of people who use it don't get that yet, apparently. People need to start at least glancing at the terms of service agreements that they agree to when signing up for services like LJ. For crying out loud, all hosting admins reserve the right to delete your shit for any reason whatever. And they usually specify "No sexually explicit materials," or something similar. People who want more control do have other options (self-hosting, or even choosing less public domains).
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(no subject)
Date: 2007-08-04 08:37 pm (UTC)"'It is not a required element of any offense under this section that the minor depicted actually exist.'"
OK, I didn't realize before that the law is this ridiculous. That's like Jesus saying that thinking about sinning is the same as sinning. But even Jesus didn't mean it like this law does. "Sins" of fantasy go to the confessional, not to court! This sort of thing doesn't belong in the law. Not only is this unjust and unconstitutional, it's a waste of government resources that should be committed to incarcerating/prosecuting people who actually harm children.
I don't blame LJ at all for taking this sort of thing seriously. The internet doesn't exist in a vacuum, though a lot of people who use it don't get that yet, apparently. People need to start at least glancing at the terms of service agreements that they agree to when signing up for services like LJ. For crying out loud, all hosting admins reserve the right to delete your shit for any reason whatever. And they usually specify "No sexually explicit materials," or something similar. People who want more control do have other options (self-hosting, or even choosing less public domains).
Thanks for the backup links!