Note that as previously discussed (http://www.politechbot.com/p-03401.html), there were four sections of the federal child porn definition, parts A to D. Since only (B) and (D) were challenged in this case, the Supreme Court could not rule on (A) and (C) and left them intact. (A) involves visual depictions where a real minor is involved. (C) bans visual depictions that have "been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct." Previous Politech message: http://www.politechbot.com/p-03403.html -Declan --- From: Dave_Touretzkyat_private To: declanat_private Subject: unintended fallout of ruling on depictions of identifiable minors Date: Wed, 17 Apr 2002 05:46:45 -0400 Declan, Here are some interesting consequences of the court's upholding ban on depiction of identifiable minors in sexual activities: 1) Using Photoshop to put person A's face on porn star B's body, even if done as a crude joke for the amusement of a few friends, is a felony if person A is under 18. 2) Actors cannot depict even fictional minors engaging in simulated sexual activities if the actor is himself/herself under 18, because the ACTOR is an identifiable minor. So the next remake of Lolita might have to employ an 18 year old for the title role. 3) A made-for-TV movie about a real instance of a minor engaging in sexual activity (e.g., the story of Mary Kay Letourneau, the high school teacher who was twice impregnated by her teenage lover) could run afoul of the law, even if the actor playing the part of the boy (an identifiable minor) were an adult. -- Dave ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org -------------------------------------------------------------------------
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