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Old 2005-01-12, 01:28 PM   #30
RawAlex
Took the hint.
 
Join Date: Mar 2003
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Serenity, there are certain acts that have either been found to be obscene in the past, or are borderline enough that they could be argued. Fisting, bizarre insertions, etc. Anal sex is, well, one of those weird areas that nobody wants to talk about.

The problem in the US is the obscenity is based on "community standards". So first off, before they can come after you for obscenity, they would have to figure out what community you are a part of. Merely having your place of business or servers in a location would not be a certain selection of community. It could be where it was VIEWED, so it could be anywhere including Bible Thump, NC or Salt Lake City, UT. There really isn't any case law on this issue.

Some people would suggest that the lack of direct obscenity prosecutions is because the feds don't want to lose a community stand case in court. So they are instead writing new rules for 2257, spam, and whatnot in an attempt to get us all on more concrete and measurable terms, not on areas of pure judgement.

Remember, the internet is a community of it's own, and most of the acts you refer to have been available online for more than 5 years (which is the common standard for determining what is accepted by the community). As a such, I think there might be a good legal case to argue that fisting is NOT obscene to the internet community, as it has been tolerated for this long.

I think the pressure is on programs and processors now to push away the spammers - can-spam is going to get used, and every one of you is going to get swept up if you don't keep your houses clean.

Alex
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