08-30-2006, 03:20 PM
I believe that HentaiKey jumped the gun on this one... again. I'm no lawer, but I have a pretty good sense of the law and I've read this document over a few times and can't understand where they got some of their facts from. Just for clarity, the article defines a performer as "any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct."
It also states that identification, and any aliases of the performer must be aquired, as quoted here:
"(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation."
The above states that records of the performer must be kept, NOT RECORDS OF THE ARTIST. Not only that, but the entire document is referring to an image that: "contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct"
It then defines the term "actual sexually explicit conduct" here: "the term "actual sexually explicit conduct" means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title" NOT SIMULATED is the key phrase here. This would exclude all drawings and other art.
It also prohibits "digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing, a book, magazine, periodical, film, video tape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct" This is talking about taking an image or video of a real person and converting it to a digital format (for example, taking a real picture, scanning it, and thus turning it into data). It is not talking about drawing something and digitalizing it because the drawing did not include "actual sexually explicit conduct" to begin with.
I believe that hentaikey greatly misinterpreted this. If they made a mistake like this misinterpretation, that's halfway understandable, but saying that records of the artist must be kept, that's just stupid. And from the looks of this document, I would have to say that lolicon looks 100% legal in the United States. Anyway, that's my two cents on the matter, and now I think I am going to go to bed.
It also states that identification, and any aliases of the performer must be aquired, as quoted here:
"(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation."
The above states that records of the performer must be kept, NOT RECORDS OF THE ARTIST. Not only that, but the entire document is referring to an image that: "contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct"
It then defines the term "actual sexually explicit conduct" here: "the term "actual sexually explicit conduct" means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title" NOT SIMULATED is the key phrase here. This would exclude all drawings and other art.
It also prohibits "digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing, a book, magazine, periodical, film, video tape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct" This is talking about taking an image or video of a real person and converting it to a digital format (for example, taking a real picture, scanning it, and thus turning it into data). It is not talking about drawing something and digitalizing it because the drawing did not include "actual sexually explicit conduct" to begin with.
I believe that hentaikey greatly misinterpreted this. If they made a mistake like this misinterpretation, that's halfway understandable, but saying that records of the artist must be kept, that's just stupid. And from the looks of this document, I would have to say that lolicon looks 100% legal in the United States. Anyway, that's my two cents on the matter, and now I think I am going to go to bed.