Connor

Breaking news...

https://www.ynot.com/modules.php?op=...rder=0&thold=0

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Ordo

Such a crock of shit.

This could in turn do away with Playboy, and any other medium like it.

The industry needs to really start fighting this shit or it won't be long until everyone must wear robes and turbins during a photoshoot in order to remain legal.

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KRL

Its actually a positive in the long run because it will take the whole thing down in the courts.

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Furious_Male

This is just the start. They will continue to refine things to their liking.

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Ninja Scripts

Agreed, still ridiculous.

eroswebmaster

People are gonna come in here and argue that this won't hold up...blah blah fucking blah.

Yeah we all know that.

But what most people are missing out on and it's something I have been bringing up forever now..that this is very much like back in the 80's when they kept pushing and pushing mainly via zoning laws until they put a large portion of people out of business.

People got tired of fighting court battles only to go broke winning...it's a very effective means of battle when the government has tax dollars to play with and you have to fund it out of your earnings.

Now I'll sit here and wait for someone to come in and start calling me "chicken little" or say the sky is falling in their oh so clever sarcastic tone.

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Doc911

I wonder how many more sites will shut down fearing it might pass

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riddler

Wont pass, Indiana congressman Pence is a fucking tool, Hes doing this because some porn shop is opening up in southern indiana and every attempt of him and his church ladies has failed to shut it down, Hes tried zoning and the whole nine yards and its always failed on him because its a hustler store or some sorts and has money to fight it..

ronaldo

I can't wait for the day that the government will no longer be able to introduce this shit under the guise of "Protecting the children," and say it is what it is. A way to stop legal pornography.

LAJ

Hey Riddler... how do you know so much about Pence... do you live in IN? That is very interesting what you posted...

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Sarah_Jayne

I hate the whole idea of being able to tack things on to bills so it slips by unchallenged.

Dameian

I love how a thread about Lohan's nipple gets more attention than this one. Very telling about the maturity level and thought patterns of the vast majority of those in this industry.

LAJ

No... just several of the surfers on this board. This industry as a whole has a lot of smart and mature people I feel... many of the smart and successful don't post or rarely do.

BTW... here's Pence's website if anyone is interested in finding out more about the guy or saying "hello"...

http://mikepence.house.gov/News/Docu...cumentID=34273

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latinasojourn

people sometimes forget that the united states is a country of due process.

obscenity issues are decide not be legislators, but by juries of ordinary people.

juries made up in large part by people under age 55, who have actually seen hardcore and presumably survived it, and young people brought up on cable TV and MTV.

traditional, consensual appearing, explicit depictions of adult sexuality are not at risk in america because it will be impossible to obtain convictions on depictions of sexual acts between adults that have now been adjudicated as legal acts all over the country. (repeal of sodomy laws, etc).

sometimes it very hard to put the genie back in the bottle.

child porn, degrading porn, nonconsensual appearing porn ARE at risk, always have been, and will continue to be.

mikeyddddd

Hollywood will crush these idiots, if it passes. The problem is that many reps will vote for it to avoid wearing a black hat on children's safety.

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Redrob

HR 3726 IH
109th CONGRESS
1st Session
H. R. 3726
To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 12, 2005
Mr. PENCE introduced the following bill; which was referred to the Committee on the Judiciary
________________________________________
A BILL
To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the `Child Pornography Prevention Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Strengthening section 2257 to ensure that children are not exploited in the production of pornography.
Sec. 4. Prevention of distribution of child pornography used as evidence in prosecutions.
Sec. 5. Authorizing civil and criminal asset forfeiture in child exploitation and obscenity cases.
Sec. 6. Enhancing administrative subpoena power to cover obscenity.
Sec. 7. Prohibiting the production of obscenity as well as transportation, distribution, and sale.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The effect of the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography on interstate market in child pornography.
(A) The illegal production, transportation, distribution, receipt, advertising and possession of child pornography, as defined in section 2256(8) of title 18, United States Code, as well as the transfer of custody of children for the production of child pornography, is harmful to the physiological, emotional, and mental health of the children depicted in child pornography and has a substantial and detrimental effect on society as a whole.
(B) A substantial interstate market in child pornography exists, including not only a multimillion dollar industry, but also a nationwide network of individuals openly advertising their desire to exploit children and to traffic in child pornography. Many of these individuals distribute child pornography with the expectation of receiving other child pornography in return.
(C) The interstate market in child pornography is carried on to a substantial extent through the mails and other instrumentalities of interstate and foreign commerce, such as the Internet. The advent of the Internet has greatly increased the ease of transporting, distributing, receiving, and advertising child pornography in interstate commerce. The advent of digital cameras and digital video cameras, as well as videotape cameras, has greatly increased the ease of producing child pornography. The advent of inexpensive computer equipment with the capacity to store large numbers of digital images of child pornography has greatly increased the ease of possessing child pornography. Taken together, these technological advances have had the unfortunate result of greatly increasing the interstate market in child pornography.
(D) Intrastate incidents of production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the transfer of custody of children for the production of child pornography, have a substantial and direct effect upon interstate commerce because:
(i) Some persons engaged in the production, transportation, distribution, receipt, advertising, and possession of child pornography conduct such activities entirely within the boundaries of one State. These persons are unlikely to be content with the amount of child pornography they produce, transport, distribute, receive, advertise, or possess. These persons are therefore likely to enter the interstate market in child pornography in search of additional child pornography, thereby stimulating demand in the interstate market in child pornography.
(ii) When the persons described in subparagraph (D)(i) enter the interstate market in search of additional child pornography, they are likely to distribute the child pornography they already produce, transport, distribute, receive, advertise, or possess to persons who will distribute additional child pornography to them, thereby stimulating supply in the interstate market in child pornography.
(iii) Much of the child pornography that supplies the interstate market in child pornography is produced entirely within the boundaries of one State, is not traceable, and enters the interstate market surreptitiously. This child pornography supports demand in the interstate market in child pornography and is essential to its existence.
(E) Prohibiting the intrastate production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of custody of children for the production of child pornography, will cause some persons engaged in such intrastate activities to cease all such activities, thereby reducing both supply and demand in the interstate market for child pornography.
(F) Federal control of the intrastate incidents of the production, transportation, distribution, receipt, advertising, and possession of child pornography, as well as the intrastate transfer of children for the production of child pornography, is essential to the effective control of the interstate market in child pornography.
(2) The importance of protecting children from repeat exploitation in child pornography:
(A) The vast majority of child pornography prosecutions today involve images contained on computer hard drives, computer disks, and related media.
(B) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited.
(C) The Government has a compelling State interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain.
(D) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse.
(E) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys.
(F) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the Government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense.

Redrob

SEC. 3. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.
Section 2257 of title 18 of the United States Code is amended--
(1) in subsection (a)(l), by striking `actual';
(2) in subsection (b), by striking `actual';
(3) in subsection (f)(4)(A), by striking `actual';
(4) by amending paragraph (1) of subsection (h) to read as follows:
`(1) the term `sexually explicit conduct' has the meaning set forth in subparagraphs (A)(i) through (v) of paragraph (2) of section 2256 of this title;';
(5) in subsection (h)(4), by striking `actual.';
(6) in subsection (f)--
(A) at the end of paragraph (3), by striking `and';
(B) at the end of paragraph (4)(B), by striking the period and inserting `; and'; and
(C) by inserting after paragraph (4)(B) the following new paragraph:
`(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her delegee to conduct an inspection under subsection (c).'.
(7) in subsection (h)(3), by striking `to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing or otherwise arranging for the participation of the performers depicted' and inserting `actually filming, videotaping, photographing; creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; or digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or, inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct';
(8) in subsection (a), by inserting after `videotape,' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'; and
(9) in subsection (f)(4), by inserting after `video' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'.
SEC. 4. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS EVIDENCE IN PROSECUTIONS.
Section 3509 of title 18, United States Code, is amended by adding at the end the following:
`(m) Prohibition on Reproduction of Child Pornography-
`(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) must remain in the care, custody, and control of either the Government or the court.
`(2)(A) Notwithstanding rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.
`(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, aid any individual the defendant may seek to qualify to furnish expert testimony at trial.'.
SEC. 5. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD EXPLOITATION AND OBSCENITY CASES.
(a) Conforming Forfeiture Procedures for Obscenity Offenses- Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after `of such offense' and striking all that follows; and
(2) by striking subsections (b) through (n) and inserting the following:
`(b) The provisions of section 413 of the Controlled Substance Act (21 U.S.C. 853) with the exception of subsection (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).
`(c) Any property subject to forfeiture pursuant to subjection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.'.
(b) Amendments to Child Exploitation Forfeiture Provisions-
(1) CRIMINAL FORFEITURE- Section 2253(a) of title 18, United States Code, is amended--
(A) in the matter preceding paragraph (1) by--
(i) inserting `or who is convicted of an offense under sections 2252B or 2257 of this chapter,' after `2260 of this chapter';
(ii) inserting `, or 2425' after `2423' and striking `or' before `2423'; and
(iii) inserting `or an offense under chapter 109A' after `of chapter 117'; and
(B) in paragraph (I), by inserting `, 2252A, 2252B or 2257' after `2252'.
(2) CIVIL FORFEITURE- Section 2254(a) of title 18, United States Code, is amended--
(A) in paragraph (1), by inserting `, 2252A, 2252B, or 2257' after `2252';
(B) in paragraph (2)--
(i) by striking `or' and inserting `of' before `chapter 117';
(ii) by inserting `, or an offense under section 2252B or 2257 of this chapter,' after `Chapter 117,' and
(iii) by inserting `, or an offense under chapter 109A' before the period; and
(C) in paragraph (3) by--
(i) inserting `, or 2425' after `2423' and striking `or' before `2423'; and
(ii) inserting `, a violation of section 2252B or 2257 of this chapter, or a violation of chapter 109A' before the period.
(c) Amendments to RICO- Section 1961(1)(B) of title 18, United States Code, is amended by inserting `2252A, 2252B,' after `2252'.
SEC. 6. ENHANCING ADMINISTRATIVE SUBPOENA POWER TO COVER OBSCENITY.
Section 3486(a)(l) of title 18, United States Code, is amended--
(1) in subparagraph (A)(i), by striking `children,' and inserting `children; or (III) a Federal offense involving the distribution of obscenity,'; and
(2) by inserting after subparagraph (D) the following:
`(E) As used in this paragraph, the term `Federal offense involving the distribution of obscenity' means an offense under section 1460, 1461, 1462, 1465, 1466, 1468, or 1470.'.
SEC. 7. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS TRANSPORTATION, DISTRIBUTION, AND SALE.
(a) Section 1465- Section 1465 of title 18 of the United States Code is amended--
(1) by inserting `Production and' before `Transportation' in the heading of the section;
(2) by inserting `produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly' after `whoever knowingly' and before `transports or travels in'; and
(3) by inserting a comma after `in or affecting such commerce'.
(b) Section 1466- Section 1466 of title 18 of the United States Code is amended--
(1) in subsection (a), by inserting `producing with intent to distribute or sell, or' before `selling or transferring obscene matter,';
(2) in subsection (b), by inserting, `produces' before `sells or transfers or offers to sell or transfer obscene matter'; and
(3) in subsection (b) by inserting `production,' before `selling or transferring or offering to sell or transfer such material.'.
END

Sarah_Jayne

have to love the idea of a blockbuster store manager having access to a ton of records

BlackCrayon

thank god im in canada. as more of this bullshit arrises maybe more program owners will move elsewhere. US clearly does not want the billion dollar revenue that adult makes.

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Sly

Does anyone have numbers on what percentage of proposed Bills pass?

I just glanced through the article, will read more later, but to me it looks like he just gave the adult industry more ammo to use against the already proposed regulations. These guys keep pushing and pushing until they break their own backs. Though as mentioned already in this thread, he probably proposed the Bill after pressure from little old grannies and overall doesn't even care.

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Webby

Who writes this shit? Some unqualified retard fresh out of a mental home that willingly presented himself for public office and the public elect the imbecile? Ain't democracy wonderful??

"Your Honor, unfortunately we are unable to introduce the actual subject matter of the indictments because this material is contraband and we have no expert witnesses to call because it is an offense for the defense to copy and/or distribute the alledged offending material on which any expert testimony can be obtained."

Sheesh.. they ever heard of disclosure?

It follows that anyone acting on behalf of a prosection agency can distribute and/or copy child pornography? Useful for pedos to know where to get their smut - join the DA's office.

This is sad shit for abused kids that all their govt can do is write crap as a face to protecting them while at the same time going to extreme lengths to be totally uncooperative in ensuring US pedos do not stand trial in other nations for their offenses in these jurisdictions. Hypocracy has no depths.

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warlock5

Someone really wants organized crime to be the sole producer of all porno!