Australia and laws on internet hentai?

For those who don't know the gravity of the situation, in the US anyways. Here is a link

http://www.wired.com/threatlevel/2009/05/manga-porn/

The man is facing max 15 years for having hentai manga, exactly what Fakku is posting here. We all know that we can pick a few manga here and there on Fakku, that would qualify as "indecent", depicting sexual violence, or lolicon in nature.

YOU ALL HAVE ILLEGAL, INCRIMINATING STUFF ON YOUR COMP as defined by US Law. I know its hella bullshit, but everyone needs to be careful especially if you live in the US.

That man was charged because of unlawful distribution over state lines. The only reason they were able to arrest him was on a technicality. Normal cases of owning and distributing hentai material on the internet will very rarely get a person in trouble. That man also took a plea bargain because otherwise he would have had to have gone up in front of a grand jury and try to convince them that what he possessed couldn't be considered child pornography and didn't insinuate him as a child pedophile, but he knew that it was a lost cause and would never have been able to convince the jury.

If only.... He also pleaded guilty to "possession of obscene visual representations of the sexual abuse of children, Handley’s guilty plea makes him the first to be convicted under that law for possessing cartoon art"

"Chase[Lawyer] says he recommended the plea agreement (.pdf) to his client because he didn’t think he could convince a jury to acquit him once they’d seen the images in question. The lawyer declined to describe the details. “If they can imagine it, they drew it,” he says. “Use your imagination. It was there.”

Unless you have updated information otherwise. If this details of the conviction changed then we are all safer, if not, it is kinda scary.

Yeah, but they arrested him on more of a technicality. The police can't just come barging through your door, check your computer and then arrest you for the possession of lolicon. It would be difficult for them to obtain a search and arrest warrant for that because it is still a gray area what constitutes the depiction of child pornography. Until they manage to make it a black-and-white understanding then there is no reason for anyone on the internet to worry.

It is black-and-white about distribution. It is illegal to transport lolicon through statelines and from another country into U.S. borders, they can get you for that without any trouble, but distribution on the internet is protected by Net Neutrality. The government can't just monitor you, magically spew up a warrant and come after you.

Point taken about the probability of the government busting down your door. I think if you careful, making it a private hobby, you are unlikely to get busted. However I disagree about Net Neutrality, b/c it doesn't exist.

http://www.wlfi.com/dpp/news/local/local_wlfi_clintoncounty_man_accused_of_distributing_child_porn_20090901

Look at this link, the charged of distributing child pornography via the
internet. The dirtbag deserved it b/c it was real child porn. However, that would imply that they could theoretically come after Fakku under the the 2003 Protect Act which

" Prohibits computer-generated child pornography when "(B) such visual depiction is a computer image or computer-generated image that is, or appears virtually indistinguishable from that of a minor engaging in sexually explicit conduct;

Unless I missed something, we are treading dangerous waters? What do you make of this, am I being paranoid?

I would call it paranoia. Everyone is or has treaded dangerous waters on the internet. I'm willing to bet everyone has downloaded or even received an illegal downloaded program on their computer, either way making them 100% liable. It takes extreme effort for the U.S. government to be able to go after anyone on the internet. Net Neutrality isn't flawless, but it does make it difficult for the government to go after any type of internet transaction especially ones that aren't completely illegal. 2003 Protect Act has been overuled before, and as such doesn't necessarily hold water. As far as I know, the most currently ruling is that lolicon is protected by the First Amendment, but obviously like I said before it has to pass the Miller Test, which it isn't going to, so it just a facade. Even so, that limits the actions the federal government can take against individual cases.

Anyway, WLFI huh? You a Hoosier too or just randomly came across that link?

Point taken, and nope not a hoosier.

I just thought of some thing if you are found to have hentai on your computer isn't the law you have broken copy right.

I miss Fakku wayy to much so Im going to just do it lol. I dont really look at loli stuff and im not sure if the gov over here can see what you view and download? if thats possible then id be a bit worried. Hell im worried as it is but Im still going to do it haha. If anything I have "erase" on my pc so it will wipe and over write all my disk drives should I need it. But still I find it so freakin stupid how the gov doesnt want u to look at visually pleasing images. I would have to say the same for loli. Hell many poeple look at loli and almost none of them go out and have little kiddies for a mid night snack. And I for one like the art in hentai. I find it better drawn than regular manga. As far as cases in court go. There has been one person here in Aust that has been simi incriminated for having loli on his pc the judge couldnt really say it was child porn though but the dude had to pay a super fine and something else which i forgot. Either way I think the government in regards to hentai should leave us to our own devices... heh i said devices...

They could easily retrieve it, plus you'd be be charged with obstruction of justice too.

Like everything, Australian hentai is eventually going to be fucked over by the big R15+ rating rule. I laugh at you're country for not having a R18 rating on products. It majorly fucks over everything in Australia, especially games, movies and adult material

Hmm i dont think they can re cover when u use the program 'erase' Because it Writes data over ur disks after it cleans it so even if they check the disks there wont be nothing but random data on them. Yea well with all that said and done im dl'ing bible black the game atm lol.

I really have my doubts that any program can do that. You never erase your data from your computer. There are always traces left over. The only way to really be rid of data is to destroy your hard drive. Assuming you are right though, if they would already have a warrant out for you then you would be charged with obstruction of justice too so there is no point in erasing your data. *shrugs*

Yeah, but then it's a damned-if-if-you-do, damned-if-you-don't kind of deal. But at least if you're damned-if-you-do, you don't get a page in the sex-offender's registry.

And I read somewhere that reformatting the hard drive is effective but it must be done around 6-10 times to make any data irrecoverable.

That, or just keep a EMP under the desk and blow it if they come-a-knockin'.

If they are already after a person then they already have proof of the transfer of lolicon, so you would theoretically get in more trouble with destroying the hard drive than not. Although I suppose if they have no proof of how much a person was in possession of then the sentence could be lighter, but they could just as easily make up that amount with the charge of obstruction of justice. No real point either way.

Obstruction of justice is better than getting sex offender status. Sex offender status is why this stuff is so scary. It is the kiss of death. It rather be hit with drug procession, manslaughter, assault whatevers.... then be arrested of charges of child pornography and possibly be hit with sex offender status.

And yes people have been hit with the status for downloading child pornography, it hasn't been extended to illustrations or hentai, but the possibility is horrifying.

99% of hentai is illegal in Australia.
for it to be legal it must not contain images of person or persons under the age of 18 or 16 depending on your state or territory in Aus, and follow this law for CE (Classification law) "No depiction of violence, sexual violence, sexualised violence or coercion is allowed in the category. It does not allow sexually assaultive language. Nor does it allow consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers."
just for anyone who wanted t know as this law was changed a couple of years ago and they have been enforcing more strictly every year apparently...

... why? Why bring back a topic so dead and old?

He's a newbie in forum posting, I suppose.

ack! Necro! *hiss*