FC: Dave Touretzky on consequences of "morphed" kiddie porn ruling

From: Declan McCullagh (declanat_private)
Date: Sun Apr 21 2002 - 22:56:51 PDT

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    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
    
    
    
    
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