![]() ![]() Creatives on the site (and yes, also sex workers) became casualties of the change. Though there was, in theory, an exception for “nudity found in art.” The algorithm tasked with parsing out artistic from sexual expression did a predictably terrible job. The site functioned as a hub for artists, fandoms, and yes, also sex workers.īut in 2018, following a series of corporate acquisitions and devaluation, the company enacted a sweeping ban on “adult content.” This applied to porn, but also “photos, videos, or GIFs that show real-life human genitals or female-presenting nipples, and any content-including photos, videos, GIFs and illustrations-that depicts sex acts,” according to screenshots of the policy. “Go nuts, show nuts,” was the actual written policy. Initially, way back when Tumblr was founded in 2007, the platform allowed all manner of posts. Otherwise, the law might prohibit someone taking an innocent picture of their child in a bathing suit, or in their pajamas, or even in a ballerina costume.Remembering Enterprise: The Test Shuttle That Never Flew to SpaceĪpple's 12 Most Embarrassing Product Failures You may also ask why would such images not be banned? An educated guess would be that it would be very hard to police because it is much harder to figure out what is "not OK" when a minor is clothed and not doing anything explicitly sexual. any photo a pedophile finds attractive may well be any photo of a child, clothed or otherwise) would be an unworkable standard. People can have all sorts of things that they find sexually attractive, and so trying to ban based on sexual preferences (e.g. Even if the website promotes its images towards satisfying the sexual desires of its users, the way the law is written is not aimed at how the users end up using the images, but is simply a prohibition on what the image can contain. The closest we can fit these images would be "lascivious exhibition of the genitals or pubic area", but because the minors are clothed, this prohibition would not fit very well. (iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited (B) For purposes of subsection 8(B) of this section, “sexually explicit conduct” means. (v) lascivious exhibition of the genitals or pubic area of any person (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex (A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated. We then have to figure out what is "sexually explicit conduct" - is it a minor, dressed in underwear, with a sultry look? 18 USC § 2256(2) defines "exually explicit conduct" as (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct or (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct Ny visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where. ![]() For example, going by your example, we can look at a relevant federal statute, 18 USC § 2256(8), which defines child pornography as: Therefore, in order to figure out if something is illegal, we look not to morality but to the law as it is written. Illegality is generally not related to morality. ![]()
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