A guy in my hometown got arrested for having child porn and writing child
porn stories, and for pretending to be a father who was having sex with
his own kid (this on IRC).  No pictures whatsoever..

The entire lemon fic group is in the danger zone. Be very afraid. ;)

signed, phoneynt

---------------------------------------award@wpi.edu------
"I'd never date anyone as weak as you!" --MSHvSF

On Tue, 19 May 1998, Benjamin "Snowhare" Franz wrote:

On Mon, 18 May 1998, Hayama Akito wrote:

At 09:38 PM 5/18/98, you wrote:

	Whatever you thoughts on this are, please understand I don't want
to start a thread on the FFML concerning this subject.  File this away, 
throw this away, do whatever you want with this.  I think there's something 
here but I'm currently at a loss as to exactly what it is.  It may be

nothing.

I certainly don't want to sound like an alarmist but some of these people
sound a bit fanatical.

<Snip da rant>

Ok. This is quite simple. Some guy was busted for "Kiddie Porn" and
apparently now, you believe anime ML's and sites will be attacked for the
"Age" of these characters. I think I can sum this up pretty easily.
It-won't-happen. First off, Anime is completely fictional(unless you count
the historical ones). There's no child hurt, there's no real law broken. We
are completely safe from the federal government and we will continue to be
until we break some kind of law. This is complete fluff and I am truly
sorry for continuing this but I had to get my 2 cents in. 

Don't you believe it - its _far_ from fluff to worry about it. The law is
already leaning in that direction and there have been mixed court
decisions regarding its constitutionality. That no actual child is
involved is not necessarily a defense in the current law in the US. From
the Child Pornography Prevention Act of 1996:

 `(8) `child pornography' means any visual depiction, 
        including any photograph, film, video, picture, drawing, or
        computer or computer-generated image or picture, whether made 
        or produced by electronic, mechanical, or other means, of
        sexually explicit conduct , where--

 `(A) the production of such visual depiction involves the
      use of a minor engaging in sexually explicit conduct;

 `(B) such visual depiction is, or appears to be, of a
      minor engaging in sexually explicit conduct; or

 `(C) such visual depiction is advertised, promoted,
      presented, described, or distributed in such a manner that
      conveys the impression that the material is or contains a
      visual depiction of a minor engaging in sexually explicit
      conduct.'.

IOW _even a drawing_ can qualify as child porn under current US law. 
IANAL, but I think it clearly covers anime and manga, and I see no reason
the justifications being used to support the current law could not be
extended to include purely textual stories at a future date - particularly
since 'Son of CDA' (S1482) is already winding its way through the US
Congress. This is an active area of developing law.

-- 
Benjamin "can't sleep" Franz

References:
Judge Strikes Down Law:
    <URL:http://www.freedomforum.org/speech/1998/4/2kidporn.asp>
9th Court Upholds Law:
    <URL:http://www.fac.org/news/970813b-s.asp>
Text of CPPA:
    <URL:http://www.ggtech.com/s1237.html>
New Mexico Passes Own Version of 'CDA':
    <URL:http://www.aclu.org/issues/cyber/updates/clu031198.html#new>
Son of CDA:
    <URL:http://internet.ggu.edu/university_library/reg/S1482.html>