All anime and manga going to be illegal soon for the USA?

[Cyber2B]

Was just randomly scrolling until I found this.

I'm assuming the United States will soon ban all anime and manga based on this law passed by US congress? Hopefully I am misinterpreting legalese lol.

Well if I read this correctly the anime industry is going to take a huge financial hit soon


In 2003, Congress passed the PROTECT Act, which stands for the, “Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today” Act. Under the Protect Act, it is illegal to create, possess, or distribute, "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting", that "depicts a minor engaging in sexually explicit conduct and is ‘obscene' or ‘depicts an image that is, or appears to be, of a minor engaging in...sexual intercourse...and lacks serious literary, artistic, political, or scientific value.” (18 U.S. Code § 1466A). To clarify, under federal law, drawing and animation are considered child pornography, and you can be convicted for possession or marketing of such material.

I didn't know the animated characters were minors!

It is illegal to own or distribute a depiction in which, “an identifiable minor is engaging in a sexually explicit conduct” (18 U.S.C. Section 2256(8)(C)). The word “identifiable” implies that you must be aware that the character represented was a minor.

This means that the onus is on the prosecution to prove your awareness. It is thus possible for your lawyer to formulate a defense that you were unaware that the character represented a person under 18 years of age.

Source: https://www.bayarea-attorney.com/can-you-be-charged-with-child-pornography-for-looking-at-animation#%3A~%3Atext%3DTo%20clarify%2C%20under%20federal%20law%2Cor%20marketing%20of%20such%20material

[Boblin the Goblin]

permanent name님이 먼저 게시:

steven1mac님이 먼저 게시:

I'd agree with from the constitutional perspective, however who is going to have a million dollars to appeal when they are in prison surrounded by Bronies.

The supreme court struck the law down before it was implemented.

SCOTUS did not strike down the PROTECT act. They actually overruled an appeal that stated parts of it were unconstitutional in 2008.

[Goose]

JustSomeLego님이 먼저 게시:

>Law is about banning child prn
>OP assumes this can be in reference to anime and manga as a whole

The jokes write themselves sometimes.

the jokes really do just write themselves.

we found the redditor, though.

[davidb11]

No, that's 4chan text.

[permanent name]

SlowMango님이 먼저 게시:

permanent name님이 먼저 게시:

Nope, just gorta put a mohawk and a wheelchair on them and change their name a bit. Parody.

Nothing illegal about the kiddie stuff, since there’s no victim save the paper it was drawn on.

Depends on the state.

A lot of states(I think all of them actually) have obscenity laws. While they have been challenged and slowly chipped away, they still exist and have been enforced over drawings.

They don’t really apply to online hosting as long as the server isn’t hosted in the state.

A few used to go after people for drawings made in the state and then uploaded, but this has been deemed unconstitutional infringement on private life and the only states with the laws still have never tried to enforce them.

It’s important to destroy the drawing after uploading so that nobody sneaks in, steals it, and staples it to a telephone pole.

[Boblin the Goblin]

permanent name님이 먼저 게시:

SlowMango님이 먼저 게시:

Depends on the state.

A lot of states(I think all of them actually) have obscenity laws. While they have been challenged and slowly chipped away, they still exist and have been enforced over drawings.

They don’t really apply to online hosting as long as the server isn’t hosted in the state.

A few used to go after people for drawings made in the state and then uploaded, but this has been deemed unconstitutional infringement on private life and the only states with the laws still have never tried to enforce them.

It’s important to destroy the drawing after uploading so that nobody sneaks in, steals it, and staples it to a telephone pole.

Please show the cases of SCOTUS deeming those incidents unconstitutional.

The reason I request such is as recent as 2018 a man was arrested for written stories(no images) that involved characters who were minors in sexual situations. He currently sits in jail.

[TwisterCat]

Mangoes telling peaches what belongs on pizza.

[ZZZZZ]

"identifiable minor", how does that even work with manga style drawn characters, they dont even look like real life humans wtf

[Boblin the Goblin]

TwisterCat님이 먼저 게시:

Mangoes telling peaches what belongs on pizza.

What are you talking about?

[Sir Seanicus, Esq.]

All this ♥♥♥♥ reminds me of this: https://i.kym-cdn.com/photos/images/original/001/857/724/5be

also lol California...

[TwisterCat]

SlowMango님이 먼저 게시:

TwisterCat님이 먼저 게시:

Mangoes telling peaches what belongs on pizza.

What are you talking about?

I'm sure politicians would know a thing or two about minors.

[Boblin the Goblin]

Sir Seanicus, Esq.님이 먼저 게시:

All this ♥♥♥♥ reminds me of this: https://i.kym-cdn.com/photos/images/original/001/857/724/5be

I'm glad Mombot got her account back. She's cool. Her whole sting operation to bait people into doxxing a fake account was also fantastic.

[permanent name]

SlowMango님이 먼저 게시:

permanent name님이 먼저 게시:

They don’t really apply to online hosting as long as the server isn’t hosted in the state.

A few used to go after people for drawings made in the state and then uploaded, but this has been deemed unconstitutional infringement on private life and the only states with the laws still have never tried to enforce them.

It’s important to destroy the drawing after uploading so that nobody sneaks in, steals it, and staples it to a telephone pole.

Please show the cases of SCOTUS deeming those incidents unconstitutional.

The reason I request such is as recent as 2018 a man was arrested for written stories(no images) that involved characters who were minors in sexual situations. He currently sits in jail.

Sources please.

[Boblin the Goblin]

permanent name님이 먼저 게시:

SlowMango님이 먼저 게시:

Please show the cases of SCOTUS deeming those incidents unconstitutional.

The reason I request such is as recent as 2018 a man was arrested for written stories(no images) that involved characters who were minors in sexual situations. He currently sits in jail.

Sources please.

Your turn.[www.newsweek.com]

I did get a detail wrong though, there were pictures but they were drawn. They were not real children.

The site wasn't hosted in Texas.

[permanent name]

SlowMango님이 먼저 게시:

permanent name님이 먼저 게시:

Sources please.

Your turn.[www.newsweek.com]

I did get a detail wrong though, there were pictures but they were drawn. They were not real children.

The site wasn't hosted in Texas.

The article is poorly written and does not mention that he hosted images of all kinds, including drawings and stories.

I stopped doing reference work when I sold my firm in the 80s. So no, it’s not my turn to disprove the point you have failed to make.

[Boblin the Goblin]

permanent name님이 먼저 게시:

SlowMango님이 먼저 게시:

Your turn.[www.newsweek.com]

I did get a detail wrong though, there were pictures but they were drawn. They were not real children.

The site wasn't hosted in Texas.

The article is poorly written and does not mention that he hosted images of all kinds, including drawings and stories.

I stopped doing reference work when I sold my firm in the 80s. So no, it’s not my turn to disprove the point you have failed to make.

NewsWeek님이 먼저 게시:

Trial evidence showed that Arthur had run a website called Mr. Double since 1996 and began charging people to access the site two years later. The site contained numerous stories about and drawings of children, infants and toddlers being r**ed, tortured and murdered.

Now please, share your source of SCOTUS ruling the PROTECT act unconstitutional.