I dare you to tell me my underaged porn has no artistic value.

[alixtii]

In the absence of further information, this post by cofax7 sums up my thoughts on the latest LJ announcement that has fandom in conniptions. My only worry is that whether something (fails to) meet the Miller test or not is really irrelevant--it depends on what LJ thinks would meet that test. And for all I know, LJ and I interpret the law no less differently than, say, Justice Scalia and I.

But the new rules seem to be "Don't break the law and get caught." Which, erm, is exactly what the old rules were.

(Feel free to friend me at GreatestJournal or InsaneJournal--this journal is mirrored at both those sites--but I'll be staying here at least until there's some sign as to how the policy will actually be put into practice.)

I'd use my Mesektet icon for this post, but Avril's actually underaged in my default icon, too, and she has better cleavage.

Comments

[tacky-tramp.livejournal.com]

Actually, they seem to be "Don't break the law in a certain way and get caught." I can apparently post all the obscenity I want, as long as it features adults only.

[alixtii.livejournal.com]

Yeah, that's the part I don't get at all. Did 6A just tell us it was okay to break the law? WTF?

[fandrogyny.livejournal.com]

Is there a freeware program or Firefox add-on or somesuch that helps mirror the content from one place to another? Because that would be just lovely.

[alixtii.livejournal.com]

Short answer is yes. I'll try to find the details for you sometime tomorrow or Saturday, if no one jumps in to help you in the meantime. (Right now I need to go to bed.)

[fandrogyny.livejournal.com]

That's totally fine. I had considered moving or mirroring, and now I'm really thinking about it. It's just getting a little McCarthyist in here for me.

[sangerin.livejournal.com]

You are going to think me insane, I know.

But in my own interest (being Australian, and connecting to the internet through Australian servers) - was your comment on the femslash_minis fic saying that it "may be illegal in Australia" just an off-hand comment because of the latest kerfuffle? Or is Dawn below 16 in the fic and depicted in such a way that you actually think it would be problematic?

I'm not usually this insane - you can ask Ari, I believe she'll confirm that - but I have to ask, or I'm not going to feel the slightest bit comfortable in actually reading the fic written to my prompt... (Seriously - if you hadn't mentioned Australia specifically, I wouldn't be concerned. It's like don't ask, don't tell, in a weird, twisted way.)

[alixtii.livejournal.com]

They're both seventeen; I'll have to look up the relevant definitions of underaged. (As penknife pointed out, there are several jurisdictions in the U.S. where it is legal for an adult of any age to have sex with a 16-year-old, but not to look at photographs of a 16-year-old having sex.) And the fic isn't really explicit at all; they're's naked kissing, but only the barest implication of sex.

I'm not sure what you mean by "problematic"; I find it difficult to imagine the Australian equivalent of a D.A. prosecuting someone for reading pretty much any fanfic. (OTOH, I'm not in Australia, so who knows?) Which makes the law stupid in the way all unenforced laws are stupid; it reduces respect for other laws by inserting ambiguity into which of the rules on the books actually need to be followed.

Has Aus. provided any test cases or case law? (At least 6A has done that much.)

And yes, on the spectrum of "likely to make a D.A, care" running from "not likely" to "really not likely" I think pretty much all of my River and Dawn fic falls on the "really not likely" side, but then, IANAL and people have specifically asked me to provide the relevant information.

[sangerin.livejournal.com]

There is certainly a case (in the NT, I believe) where someone was prosecuted for having fictional text depicting explicit sexual acts (in that case I think adult-child, which I have more personal difficult with) on his computer. There is also legislation that brings reading rather than just writing such material under the law as a crime warranting sex offender status.

Throughout this entire thing I'm trying to work out what my own ethical standard is, which is difficult enough. But I *am* a lawyer, and that adds another layer to things.

Thank you for providing some details, though. I really do appreciate it, and as soon as I can get my fic written and posted (neither Dawn nor Nina are currently co-operating, you know how it goes, I suspect), I shall happily read it and leave feedback.

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