I now have my name reserved on both InsaneJournal and GreatestJournal. I regret, wholeheartedly, buying a permanent account. That was what, two years ago? I don't remember. I wish I hadn't.
§ 13032. Reporting of child pornography by electronic communication service providers
Duty to report.— Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), or a violation of section 1466A of that title, is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature;
[...]
This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
§ 1466A. Obscene visual representations of the sexual abuse of children
[...]
(a) In General.— Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(1), including the penalties provided for cases involving a prior conviction. (b) Additional Offenses.— Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,
"Some of these individuals may then attempt to lower the child’s inhibitions by gradually introducing sexual content into their online conversations and even send pornographic images to the child. When children are shown images of peers engaged in sexual activities, they are led to believe this behavior is acceptable. This lowers their inhibitions and makes it easier for the molester to take advantage of the child sexually."
I think I can see where NCMEC might be coming from with this; an adult using Snarry art to groom kids would *cough* suck.
Spelling out their intention would have helped, though (ie, that LJ/6A is so concerned about their involvement in this potentially devastating scenario that they ask that we not post any images, even drawn, depicting child or teen sexuality, and that they plan to destroy and ban all such images and report them to the NCMEC.)
Stating intent and consequences is a basic communication skill, important in adult-child and adult-adult interactions.
A part of me is strongly tempted to simply contact NCMEC, point them at the Image of Bannination and just ask them how they would treat a report of such an instance.
I think it's worth doing; if it's the law, then what IS their perspective on online fan art? What about ambiguous age art? What is the context if it's presented in a fannish context? NCMEC is going to have to deal with these questions sooner or later, if they haven't already, though maybe calling more attention to the whole situation isn't the right approach.
What I find fascinating is that I don't think we've seen a crisis that pushed fandom into this kind of action before. We've bypassed cat macros, for the most part, and gone straight on into Doing Things. Does it feel like a shift in the wind to you?
And I think the shift largely has to do with timing. Not only is this mess INSANE, but it comes up as we approach an election I think fandom people care about (not as fandom people, but as who they are that makes them fandom people) and again because HP fandom got hit so hard in all of this -- right when all of us have been hugging and crying over this thing that has been so important to us for the last decade. LJ caught when we weren't ripping each other apart and oh how convenient that has proved! LJ also caught us at a moment when it's legitimate and acceptable to be in fandom -- I mean look at how fannish activities have help get all sorts of people published like Cassie Clare and Jaida.
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I now have my name reserved on both InsaneJournal and GreatestJournal. I regret, wholeheartedly, buying a permanent account. That was what, two years ago? I don't remember. I wish I hadn't.
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"Title 42 U.S.C. 13032 [...] passed in 1999"
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http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html
TITLE 42 > CHAPTER 132 > SUBCHAPTER IV > § 13032
§ 13032. Reporting of child pornography by electronic communication service providers
Duty to report.— Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), or a violation of section 1466A of that title, is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.
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TITLE 18 > PART I > CHAPTER 110 > § 2256
§ 2256. Definitions for chapter
9) “identifiable minor”—
(A) means a person—
[...]
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature;
[...]
This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
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http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001466---A000-.html
TITLE 18 > PART I > CHAPTER 71 > § 1466A
§ 1466A. Obscene visual representations of the sexual abuse of children
[...]
(a) In General.— Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—
(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(1), including the penalties provided for cases involving a prior conviction.
(b) Additional Offenses.— Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,
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I think I can see where NCMEC might be coming from with this; an adult using Snarry art to groom kids would *cough* suck.
Spelling out their intention would have helped, though (ie, that LJ/6A is so concerned about their involvement in this potentially devastating scenario that they ask that we not post any images, even drawn, depicting child or teen sexuality, and that they plan to destroy and ban all such images and report them to the NCMEC.)
Stating intent and consequences is a basic communication skill, important in adult-child and adult-adult interactions.
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And I think the shift largely has to do with timing. Not only is this mess INSANE, but it comes up as we approach an election I think fandom people care about (not as fandom people, but as who they are that makes them fandom people) and again because HP fandom got hit so hard in all of this -- right when all of us have been hugging and crying over this thing that has been so important to us for the last decade. LJ caught when we weren't ripping each other apart and oh how convenient that has proved! LJ also caught us at a moment when it's legitimate and acceptable to be in fandom -- I mean look at how fannish activities have help get all sorts of people published like Cassie Clare and Jaida.