Originally posted by Roger
So people from other countries can also be sued?
So people from other countries can also be sued?
And porn is not an item that will enter into this election, way 2 many other things a hell of a lot more important.
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I really don't think your Gov. will let them take you away for porn, unless it's C/P. i wouldn't worry.
And porn is not an item that will enter into this election, way 2 many other things a hell of a lot more important.Epic CashEpic Cash works for me
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Child pornography. You know, what they should be spending time and money fighting. To close down any adult site while there are still people molesting children out there is about as ludicrous as, well, going into Iraq while Al Quida is getting stronger.Originally posted by TheFrog
what other types of pornography is there ?Comment
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Important doesn't matter, it's what they cover to make Bush look not completely inept. Yesterday a US translator said she translated a document before 9/11 saying that they were going to hit NY with airplanes. On TV, they talked about a "code orange" and some bitch who kidnapped herself.Originally posted by jimmyf
And porn is not an item that will enter into this election, way 2 many other things a hell of a lot more important.Comment
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Originally posted by Roger
But where does the trial take place? Does it take place where the webmaster have his content hosted or does it take place in his own city?
the mechanics of an obscenity case relates to the concept of "community standards".
1. the government does testing with grand juries in the most conservative parts of the USA---it wants a conviction, and knows the web goes into every little hamlet in west virginia, utah, and backwater tennessee.
2. a grand jury in this conservative area will deem the material shown to them at a closed hearing exceeds community standards.
3. based on this, an indictment will be handed down against the "perpetrator".
4. now things get interesting. someone will be charged with a crime. due process requires a trial if the person charged wants it.
5. the government must put together a jury of people they think will convict---but there are peremptory challenges, and it will be almost impossible to put together a jury in comtemporary USA without young people (18 year-olds now sit on juries) and educated people...virtually impossible due to the concept of peremptory challenge.
6. all you need is one 18 year old or one college educated person on the jury and any depiction of ordinary hardcore sex will fail the obscenity test.
7. having said that, depictions of forced sex, degrading sex, excrement sex will get convictions in comtemporary america.Comment
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So why blame law enforcement and not the overpaid fuckwits that crafted and can change that law?Originally posted by Rictor
What fucking law are you talking about? Obscenity laws? It's all opinion and community standards.
Classic 'American' pass the buck syndrome...Comment
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Originally posted by latinasojourn
the mechanics of an obscenity case relates to the concept of "community standards".
1. the government does testing with grand juries in the most conservative parts of the USA---it wants a conviction, and knows the web goes into every little hamlet in west virginia, utah, and backwater tennessee.
2. a grand jury in this conservative area will deem the material shown to them at a closed hearing exceeds community standards.
3. based on this, an indictment will be handed down against the "perpetrator".
4. now things get interesting. someone will be charged with a crime. due process requires a trial if the person charged wants it.
5. the government must put together a jury of people they think will convict---but there are peremptory challenges, and it will be almost impossible to put together a jury in comtemporary USA without young people (18 year-olds now sit on juries) and educated people...virtually impossible due to the concept of peremptory challenge.
6. all you need is one 18 year old or one college educated person on the jury and any depiction of ordinary hardcore sex will fail the obscenity test.
7. having said that, depictions of forced sex, degrading sex, excrement sex will get convictions in comtemporary america.
It?s a little tougher than thisIn certain conservative communities even the younger people are conservative think Alabama. Furthermore young people are often hard to get on the jury the numbers just aren?t there, a lot of them don?t have permeant residences or live long enough in one area to get called to jury duty. If you get charged in a community like that most of the jury pool will be conservative Christians and even the college educated ones have often gone to religious schools with strict ethics codes, with requirements like church attendance twice a week and a core curriculum that often includes religious indoctrination. Your also up a creek on comparables in a community like this.The government must put together a jury of people they think will convict---but there are peremptory challenges, and it will be almost impossible to put together a jury in comtemporary USA without young people (18 year-olds now sit on juries) and educated people...virtually impossible due to the concept of peremptory challenge.Last edited by Kingfish; 04-03-2004, 01:11 PM.Comment
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another cute trick I heard they like to do is , grab your computers. Go thru the temp files , find some shit from a popup you didnt know its there and make the charge cp unless you plea to a lesser charge.Comment
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Originally posted by jimmyf
it takes place where they bring the charges.
They cannot try a non-us citizen with non-us servers just because an american accessed the site from that conservative city. It will be very very hard ...that is why they are going after American adult companies first, where the owners are clearly US citizens.Comment
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I blame the Christian population... Bush is going for their votes.Comment
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Anyone got a link where we can get detail on the "25 adult obscenity cases it's filed" ?Comment
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Its a good idea that with a little work should be something added to all sites.Originally posted by aiken
What we need to do is educate surfers. "Enjoying this site? Think about that in November"
Given that over 19 million males aged 18-34 visit adult websites, a concerted surfer education program might just make some difference.
Cheers
-b
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I'm surprised TheKing or 12Clicks hasn't posted on this thread yet.Comment
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But the (Bush) Justice Department has begun aggressively policing adult pornography as well, a turnaround from the Clinton administration, which brought almost no such cases.
For those of you right wingers that continue to wrongly post that there is no difference between Democrats and Republicans.
Clinton went after child porn aggressively, but he let adults view legal porn without worrying about getting arrested.Comment
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I love how you keep forgetting the Communication Decency Act and COPA.Originally posted by Mr.Fiction
[B]\Clinton went after child porn aggressively, but he let adults view legal porn without worrying about getting arrested.
I agree with you though, Bush is worse.
I'm not voting for him, but you can forget me voting for a socialist like Kerry. I'll be voting Libertarian, the only real pro porn party.Comment
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5. the government must put together a jury of people they think will convict---but there are peremptory challenges, and it will be almost impossible to put together a jury in comtemporary USA without young people (18 year-olds now sit on juries) and educated people...virtually impossible due to the concept of peremptory challenge.
Something else your missing is how easily they can manipulate the jury itself... The government is the one to call up the jurors to duty... There is nothing stopping them from doing a real quick sort in that dbase to get the pool they want by age etc.
The defense and prosecutor then have some X number they can reject etc. So they can leave out anyone they want from the pool... It's not like a smaller city would consistantly have a very big juror pool at all times.
A case of this sort would require them to call in more people and guess who's coming to dinner.. GrandMa!
Besides the fact that the 18-24 or so age group won't have a high count of reg'd voters on average.
I'm sure some people will say this doesn't happen... just keep believing it! Oh and click your heels three times while you're at it.
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How are they going to distinguish porn from erotica?
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For those of you that think that you will get a jury of your peers, I urge you to go to the local courthouse and sit there for a few days.
You will see very quickly that a person that is in there 20 or 30 will have a jury of 45+ aged people on it. Also and I hate to say this, if you are african american, you are fucked. Most of the time you will be facing a jury with 1 or if you are very lucky 2 people on the jury that are black.
There really is no such thing in this country as a jury of your peers.
A jury of my peers would meet the following.
1) 30 to 40 yrs.
2) computer literate
3) at least one would be in porn
4) white american
5) married
6) property owner
This would be a true reflection of my peers.
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The Bush admin doesn't see a big deal out of the fact that the US is the biggest exporter of torture devices. But porn however? Now that's just wrong and so very bad.Comment
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