So where does the line get drawn?

Talk about anything off the top of your head. Chat, socialize, anything...
User avatar
ROBERTS
Member
Posts: 730

Re: So where does the line get drawn?

Post by ROBERTS »

For the most part, that is a fairly accurate assessment of the situation and timeline.
A huge anti-pornography conference was held in Florida in 2002 under the Bush admin, hosted by Jeb Bush, his Florida AG Katherine Harris, and involving John Ashcroft and the top levels of the DoJ and FBI. This conference was not publicized in national media. I lived in Palm beach at the time and a local AM talk radio station was the only media to mention it, and they actually live broadcast the key speakers on radio.
Imagine if you had been the only Jew to hear Hitlers' speech at the Nuremburg Rally. that was me.

Set as policy..not "law"..everyone tells me I'm full of shit because they say "there's no such law"...correct. There IS no such law. The US stopped caring about law long ago, you should all get over it. Now, "policy" RULES. So, set as official POLICY, in 2002.
All "violent Pornography" is an act of Terrorism against women.
All depictions of r@ape are acts of Terrorism.
All women working in film and video where r@ape is depicted are Sex Slaves.
These are just the key policies. There's a lot more. Once the door was opened, it was open season.
Bestiality is now all sex depicted with any non human living creature..elves, pixies, aliens, demons, all. Bestiality.
Underage girls are any girls who's tits are not big enough and have no hair on their pussy.
No weapon can be shown threatening any girl in a sexual context.
It goes on and on.
The stroke of genius in all this was forcing the BANKS to be the weapon of censorship. I can publish all the most vile and crazed psychotic shit I want online all day...if it's FREE. This is something i actually plan to do one day...
But the second you want to CHARGE money for access, you're in trouble. Then you're on the radar.
Censorship by financial exclusion. Go look up articles published just last Thursday about Chase shutting off bank accounts of porn stars in the US. and shutting off accounts of gun manufacturers and dealers. It worked SO well against BDSM porn, it's now expanding.
User avatar
Naj
Member
Posts: 262

Re: So where does the line get drawn?

Post by Naj »

I find that adding external references helps bolster one's case. To wit:

<http://www.foxnews.com/entertainment/20 ... port-says/> Accessed 5/4/2014.

"Chase closes porn stars' bank accounts, report says" - Excerpt: A bank has got hundreds of porn stars hot and fired up after writing to them to tell them their bank accounts would be closed, News.com.au reports. The move has sparked fury throughout the adult entertainment industry with workers saying they had no idea why they were being targeted. Chase bank sent letters to industry workers revealing the accounts would be closed next month. In the letters sent out by the bank, which is a subsidiary of JP Morgan Chase, no reason is given for the closure but an apology is given for the inconvenience.

<http://www.businessinsider.com/porn-sta ... 4-4#!IfUwd> Accessed 5/4/2014.

"Chase Shut Down The Bank Accounts Of Some Porn Stars And Didn't Tell Them Why" - Reported by Julia La Roche - Excerpt: JPMorgan Chase shut down the bank accounts of a bunch of adult film industry workers and didn't tell them why. "We recently reviewed your account and determined that we will be closing it on May 11, 2014. Please accept our apologies for the inconvenience," a letter from the bank to porn star Teagan Presley posted on Perez Hilton's site reads. "You may close your account before the date we provided. Your account agreement says that either of us may close your account at any time, without notice and without reason," the letter from Chase continued. Some of those affected have expressed on Twitter that the reason their account was shutdown is because they work in the porn industry. "The branch and telephone bankers said it was because of our industry but their executive branch said no it wasn't and categorically denied this," Presley's husband Joshua Lehman told us via email. Lehman also had his Chase account closed. The Chase letter didn't cite a specific reason. It also didn't mention anything about pornography. This is actually standard across the banking sector. There's no requirement by law that banks have to tell account holders why they're closing their account. In some cases, the banks are even obligated under the law not to disclose the reason why an account is being closed. Also, there's no written rule saying that a porn star can't bank with Chase. Just because you're a porn star, it doesn't mean you'll get your account taken away either. A spokesperson for JPMorgan Chase declined to comment on the matter.

<http://america.aljazeera.com/articles/2 ... sures.html> Accessed 5/4/2014.

"Porn stars battle stigma with sex awareness amid bank account closures" Reported by Massoud Hayoun - Excerpt: Tasha Reign, 25, is a porn actress, adult industry entrepreneur and student pursuing a degree in gender studies at the University of California, Los Angeles. For over a year, Reign has attempted to open PayPal accounts — the only payment method available on many websites where she performs for customers via webcam. Repeatedly, the accounts have been shut down. After a series of emails and letters, PayPal finally responded, in an email obtained by Al Jazeera, that Reign’s transactions posed a threat to its network "security" but did not specify how the money transfers were any less safe than others. A separate email said her account "violates some of the agreements you have with us," citing potential fraud. Reign said all the activity she engaged in was legal in her state of California. Reign tried using both her given and professional names, but her account was repeatedly closed. PayPal did not respond to a request from Al Jazeera at time of publication. Reign said the Chase issue was, although unnerving, “a good thing,” because it reminded her that action is necessary to protect adult entertainment workers’ interests. Still, for her, “it's a much deeper issue than just banking. We live in a puritanical and patriarchal society that discriminates especially against female sex workers. Every one of you watches porn! You’re just shamed for it.” Leading sociologist on adult industry affairs Chauntelle Tibbals told Al Jazeera that discrimination by banks has been going on “for years” and that it’s one of countless forms of discrimination faced by people who produce content she believes nearly everyone consumes but many deride as immoral. “It’s ironic, isn’t it? Yes — nobody watches porn at all,” Tibbals said sarcastically. “It’s just four weirdos spending billions of dollars each.” Despite generating an estimated $13 billion a year in an occasionally faltering post-recession economy, advocates say porn industry workers are at the center of what they call one of the most accepted forms of marginalization today.

<http://www.cnbc.com/id/101365366> Accessed 5/4/2014.

"Justice Department Inquiry Takes Aim at Banks’ Business With Payday Lenders" Reported by Jessica Silver-Greenberg - Excerpts: Federal prosecutors are trying to thwart the easy access that predatory lenders and dubious online merchants have to Americans' bank accounts by going after banks that fail to meet their obligations as gatekeepers to the United States financial system. The Justice Department is weighing civil and criminal actions against dozens of banks, sending out subpoenas to more than 50 payment processors and the banks that do business with them, according to government officials. In the new initiative, called "Operation Choke Point," the agency is scrutinizing banks both big and small over whether they, in exchange for handsome fees, enable businesses to illegally siphon billions of dollars from consumers' checking accounts, according to state and federal officials briefed on the investigation. The critical role played by banks largely plays out in the shadows because they typically do not deal directly with the Internet merchants. What they do is provide banking services to third-party payment processors, financial middlemen that, in turn, handle payments for their merchant customers.

<http://www.washingtonpost.com/blogs/won ... and-banks/> Accessed 5/4/2014.

"Operation Choke Point: The battle over financial data between the government and banks" Reported by Danielle Douglas - Excerpt: Critics of the operation say the heightened scrutiny and threat of prosecution will lead banks and payment processors to stop doing business with any merchant on the high-risk list. And without those financial services, law-abiding companies, not just a few bad actors, will be forced out of business.

I underlined some key points for emphasis.
User avatar
Naj
Member
Posts: 262

Re: So where does the line get drawn?

Post by Naj »

I remember reading an article in Time magazine <http://time.com/917/pots-money-problem/, accessed 5/4/2014, original article appears in the January 27, 2014 issue of TIME> on a similar vein about the dangers Marijuana Dispensaries across the United States are experiencing because banks refuse to let them open merchant or business accounts, though they do have the excuse of Federal law on their side. A pure cash-only business is a dangerous venture to operate, and the owners told of having to stash their assets in secret locations and having to run suitcases full of cash at random times during the day for something as simple as a laptop or furniture or equipment... because carrying $2,000 in cash on the street is not exactly smart. This isn't even including the bookkeeping issues, potential for petty theft, and a whole heap of inquiry when tax season comes along, and payroll is always a nightmare - giving your employees a stuffed, unmarked envelope full of $100 bills and escorting them to their cars to ensure they aren't mugged.

Colorado was trying to put together some kind of financial framework to allow dispensaries to put their money in a safe place or something so they didn't have to act like the mafia for simple, everyday purchases, but apparently that bill was killed. <http://www.npr.org/blogs/thetwo-way/201 ... n-colorado, accessed 5/4/2014>
User avatar
ROBERTS
Member
Posts: 730

Re: So where does the line get drawn?

Post by ROBERTS »

This all began in 2002-03, and BDSM online porn was the test dummy.
User avatar
fernandofan
Member
Posts: 230

Re: So where does the line get drawn?

Post by fernandofan »

ROBERTS wrote: Bestiality is now all sex depicted with any non human living creature..elves, pixies, aliens, demons, all. Bestiality.
Underage girls are any girls who's tits are not big enough and have no hair on their pussy.
No weapon can be shown threatening any girl in a sexual context.
It goes on and on.
The stroke of genius in all this was forcing the BANKS to be the weapon of censorship. I can publish all the most vile and crazed psychotic shit I want online all day...if it's FREE. This is something i actually plan to do one day...
But the second you want to CHARGE money for access, you're in trouble. Then you're on the radar.
Censorship by financial exclusion. Go look up articles published just last Thursday about Chase shutting off bank accounts of porn stars in the US. and shutting off accounts of gun manufacturers and dealers. It worked SO well against BDSM porn, it's now expanding.
This is the most informative and disheartening discussion of the topic of governmental regulation that I've read thus far. Censorship via the banks for both bdsm comics and even legalized marijuana (as Naj put forth) is like the government saying that it is illegal for people to have vices---even victimless vices.

Also, some of these policies are just weird! So, even aliens can't come down to Earth to abduct hot-ass Earth women to conduct their experiments on (a la Dragonsabre)? And how about those demons---they're already in hell---don't deprive them of the joy of ravaging hot bitches!

As far as them saying that women with small titties or shaved pussies are all underage---that is so sexist :33 ! Not all women are D-cups and not all want to have a jungle between their legs! Anyways, what guy doesn't like a petite little honey with a smooth pussy? I notice in most bdsm comics that the men tend to not have pubic hair either---are they all then prepubescent boys?

Finally, I need some clarification---anyone can publish the most depraved shit that breaks the rules, as long as they are for free, like some amateur on an adult drawing site? Those people won't get in trouble with the powers that be? God knows I've been inspired by artists like Roberts, Templeton and Fernando to draw some pretty sick shit over the years, but I've been uber-careful about who I share my shit with because I've been worried about the legal ramifications of drawing and sharing the things that I do. Should I be worried if I decide to put some of my stuff out there on some free art site or not?

Well, thanks for sharing all of your knowledge! :22
User avatar
Naj
Member
Posts: 262

Re: So where does the line get drawn?

Post by Naj »

Depends on what you depict and where you reside. Now, I'm not a lawyer and am not qualified to offer legal advice, but if you reside in the United States, then generally speaking your actions are protected under the First Amendment - Free Speech, provided it passes the Miller Test (http://en.wikipedia.org/wiki/Miller_test) and is not Child Pornography which is not protected (http://en.wikipedia.org/wiki/New_York_vs_Ferber). The Miller Test, stemming from the landmark case of Miller vs. California (http://en.wikipedia.org/wiki/Miller_v._California) provides a guideline which seeks to separate "free expression" which is protected from "obscenity" which is not and can be regulated by the state and is as follows:
  • Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. - e.g. whether your average joe would find it arousing
  • Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. - e.g. whether it describes sexual or excretionary, pis$ and $h!t, in an offensive way as defined by state law.
  • Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. - e.g. can you succeed arguing in a court of law that the work is worthless.
Apparently the ruling doesn't exactly help as it leaves a lot of gray area. That said, to be labeled obscene, any judged piece of work must satisfy all three conditions: it's arousing, it fits state definitions of offensive, and it's worthless. Once again, there is a lot of gray area, especially in that last part which was intended to fight off the first two conditions. If your work does not satisfy all three conditions, it would be protected under the First Amendment.

Now obviously if you live outside the United States, different laws apply.

That said, that is the legal definition of whether or not the police will come knocking at your door, more or less. Whether or not the company/website you submit it to decides it wants to publish your work is another matter which is what the banks are using to get away with their actions. Ultimately, as private legal entities, most companies have their own policies and terms and conditions and reserve the right to refuse anything from anyone at any time. You might be able to make the work, but you might find that no one is willing to carry it or publish it. Now you could of course host your own servers, code/hire your own website, and find an ISP that will route traffic to your site (or get a printing press and publish your own hard copies, whatever works), but for most people that's cost prohibitive. If it violates the website's policy, they have the right at any time to remove your work for any reason, and it is an issue that DeviantArt and other art websites have struggled with and continue to struggle with.

You could also try to start a public awareness campaign that would apply cultural and social pressure, much as Civil Rights has done, or you could attempt to invoke Federal Law that you are providing free expression that is protected and that the company does not have the right to deny you means of expression, after all Federal law trumps corporate policy any day of the week from worker's comp to nondiscriminatory statues to fair housing laws and etc. Even the pornography workers are trying to fight JP Morgan-Chase's decision to cancel their accounts and blacklist them. There is also a great deal of social stigma involved with pornography in general in the United States - hearkening back to the Puritan roots and strengthened during the Gilded Age attempts to combat vice, our lovely 18th amendment for Prohibition and its following, redheaded stepchild, the 21st amendment saying "hey hey hey ignore 18" being the best example - and BDSM is an even smaller, more stigmatized niche market. You can try to fight it.

But I don't think you really want to do that.

Ultimately, provided you live in the United States, the best way to provide a reasonable legal cover is to make an attempt to provide some social commentary in your non-child porn so that it can pass the Miller Test - I don't know, make some comment about environmental pollution or something; the guide doesn't say you have to succeed at it. Legally speaking, there are quite a few comics on Dofantasy that would pass the Miller Test, Roberts' recent Indefinite Detention making social commentary regarding military black sites, extraordinary rendition, and Patriot Act being a good example and protected under the First Amendment. Whether it will actually stay up where you post it is another matter entirely and is dependent on the website's policy and/or mods/admins and whether or not you feel like fighting the system.

Also, it might be prudent not to let your social circles know what you're doing for obvious reasons. Though not illegal, the social stigma might be unpleasant... unless you're a hermit, in which case you've got nothing to lose.
User avatar
fernandofan
Member
Posts: 230

Re: So where does the line get drawn?

Post by fernandofan »

Wow, Naj---thanks for the detailed reply! I have really gotten an education from the discussions herein!

Hmmm...social commentary..."While you f@ck me up the ass, let me describe for you the scourge that is fracking! Sure, extracting natural gas from the ground does help the US gain more energy independence, but at what cost to the health of the environment? " Reply: "Whatever, slut---roll over on your back! I'm going to frack the hell outta your pussy!" Why, I think that might just pass the Miller Test! :lol:
User avatar
Naj
Member
Posts: 262

Re: So where does the line get drawn?

Post by Naj »

There you go.
User avatar
ROBERTS
Member
Posts: 730

Re: So where does the line get drawn?

Post by ROBERTS »

Never, EVER, try to apply logic, reason, or most of all, the Law, to the United States Government. Thinking like that got Saddam Hussein hanged, Khadaffi murdered, Mubarek "deceased", Debra Jean Palfrey hanged in the woodshed and John Kennedy's head blown off. When body armored stormtroopers have the red lasers trained between your eyes, quoting Supreme Court opinion is of very little value, and impresses none of them.
The US has gone rogue. Completely. Get used to that idea.
It is stated by Amnesty International that the US has more people in prison than any nation on Earth, now or ever. The US is officially a Police State. they also say that up to 1/3 of that prison population is innocent.

The "Miller" test to my knowledge hasn't won any cases in recent memory, as the US has decided to use the banking system and Patriot Act to pursue porn. Soon, you'll see regulations on Internet traffic which will shut off the US from much of the Net, as most of China is now. The US has decided that the Constitution is meaningless and no longer applies..while no one was paying attention, they not only passed Patriot Act and Patriot Act 2, but the Military Commissions Act, John Warner Defense Act, Homeland Security Act, and a pile of others which piece by piece have erased every item in the Constitution and Bill of Rights.

And for a reality check, the Banks can do whatever they damn well please. There is no regulation of any consequence on banking. and "your" money is not yours..it's theirs. Every penny is a loan issued by the Federal Reserve and poured into the banking system on the credit account of the People..it's all the money of the Fed. They OWN it. It's not yours. Just to try and stay afloat in the mass fraud and larceny, the Fed is creating on the computers 65 Billion a month and just handing it out to keep the system from imploding...I think that number is low, but that's what they report.

So let's revue: The Banks are unregulated and no longer obey the law. The Government has fallen to control of the Central bank, no longer obeys the law, and does whatever it pleases..and the Constitution and Bill of Rights are erased by new Law and Policy.
So where do you think you live?
User avatar
Naj
Member
Posts: 262

Re: So where does the line get drawn?

Post by Naj »

I make no claim to the efficacy of said laws, merely what they are on paper to the best of my understanding.

Also to my understanding, the reason we have such a large prison population has more to do with our misguided War on Drugs policy which not only sought to punish users rather than distributors and criminalize them but also served and continues to serve as a smokescreen to legitimize racial profiling and maintained through sheer political inertia, an unwillingness to enact reform, and the industrial prison complex lobbying to keep its coffers full of government money. Although a definite problem with no easy solution, it is largely unrelated to the topic of conversation.

And that is the extent to which I will engage in political discourse.
Post Reply