Lu.scio.us
The last word on lolicon
Hey hentai fans. It's finally time to address the lolicon issue. No more preamble. Let's jump into things.
Official policy
Lolicon is banned.
This is not a policy that I wanted to push, but it is current US law:
http://judiciary.senate.gov/special/S151CONF.pdf
If you only read section 502. You'll think that lolicon is allowed, since it is specifically excluded from being "virtually indistinguishable" from a minor. However in 504, obscene content including artwork is re-included in the ban.
To date, only the 502 section has seen any news time and is the only thing being challenged in courts. The reason being is that 502 carries stricter penalties since it labels content as child porn. Violate 502, and you become a sex offender for life and get guaranteed jail time.
Violate 504, and you've merely violated an obscenity regulation.
If the entire 2003 Protect Act has been nullified or specifically section 504 has been nullified then please give post a link to a reliable source so we can prepare a defense on that basis.
I agree that this law has not been properly tested in the courts. To date, the only people convicted under it are those who have also had real child pornography (abreviated to CP from now on) with them as well.
Will you... rage against the machine?
No.
To anyone who think we should take a stand on this issue, and be the lightning rod... I pose the same question to you. Why don't you take a stand? Even if you are not in the US, if you are in Canada, Europe or Australia, you have similiarly draconian laws. Take a stand yourself, be your own lightning rod. If you feel strongly about an issue, don't ask other people to take risks that you are unwilling to take upon yourself.
By keeping lolicon online, we are not 'risking' a lawsuit. It is a guarantee as the complainants feel very strongly about this issue.
Lolicon is 1/10th of the content in lu.scio.us and I for one refuse to risk losing the site because of a minority of its content.
What is lolicon?
A character is considered lolicon if they meet the following criteria:
1) Flatchested / Short. The general lolicon shape.
2) They come right out and say they are a minor, irregardless of their body shape.
However if they fit definition (1) but are actually adults in the story, we'll allow it to pass through. Some examples of this in anime are... Rukia from Bleach. She's an adult in the story (like all of the other Shinigami) but the way she is drawn, she could easily be confused for someone younger. However as in real life, body shape is not a 100% reliable indication of age.
Is shota banned?
Short answer: Yes.
Long answer: Its harder to determine what shota is since boys don't dramatically change in appearance from their young teens through their late teens. Height is a factor but we don't currently have a 'rule of thumb' to determine conclusively what is shotacon. Use your best judgement and err on the side of caution please.
It isn't loli! Why was X album rejected?
The other .1% of the time, we reject albums because they are disorganized, not hentai (please upload porn into Pornali.scio.us) or Banned content.
Anytime a new manga comes out, 4 or 5 people upload it to lu.scio.us at the same time. Even if you "just found this for the first time", it's possible that someone else has found it as well.
Read your album notes. Anytime we reject an album, we add a note to tell you why. Here's a primer on album notes, where to find them and more: Feature: Album Notes.
If you don't understand why your album was rejected then DO NOT let it slide. Come to the forum and create a topic in the suggestions and help section asking why. We may have made a mistake or you may fall into a special case.
Note from Fonzie
And finally, I step aside to bring you a note from Fonzie, one of our moderators regarding banned content:
I am getting tired of people that think they can sneak through banned content by
A : placing it in the middle of the pictures they upload
B : Hopeing that we wont notice when they place it anyway (It's happened a few times, but we have caught them)
C : Tottaly ignoring the Banned content entirely, and uploading whatever the hell they feel like, including Loli, Shota, HentaiKey, SexDrawn.com, and others. While Loli and Shota content are not subject to the -500 fine, assuming we decide to remove all Loli and Shota from the site, I am sure it will be included after a grace peroid of about a month from being placed on the Ban List.
You have been warned, given grace peroids to remove whatever you uploaded, in case you were not sure you uploaded banned content before, so you could remove it yourselves.
HOWEVER people continue to upload banned content when they should know better. If HentaiKey or DrawnSex.com ever looked at the unapproved albums (and some of the Approved albums until they were removed) we could be sued for copyright infringment.
I will start nameing names on this thread of SERIOUS offenders (but not 1 time offenders that accidently uploaded a banned file, since accidentals are inevitable, especialy when the Logo has been removed).
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That's all thre is to it folks. You may comment on this thread. Keep in mind that you comment will not immediately appear. We get about 20-30 spam bots trolling the site per day, so all comments must be approved before they appear publicly.
I hope you understand and have a good day.
Section 504 is unconstitutional in certain cases
I did some research and found the following
Reference: http://www.firstamendmentcenter.org/pdf/CRS.childporn.ob.4.pdf
Section 1466A. Section 504 of the PROTECT Act, P.L. 108-21 (2003),
created this section, which makes it a crime knowingly to produce, distribute,
receive, or possess, with or without intent to distribute, “a visual depiction of any
kind, including a drawing, cartoon, sculpture, or painting,” that depicts a minor
engaging in sexually explicit conduct and is obscene or lacks serious literary, artistic,
political, or scientific value. Section 1466A applies whether an actual minor is used
or not, but covers only depictions of minors engaged in specified sexual activities,
and not in lascivious exhibition of the genitals or pubic area. To the extent that
§ 1466A applies to non-obscene material produced without the use of an actual
minor, it would be unconstitutional under Ashcroft v. Free Speech Coalition.86
According to this, under Ashcroft v. Free Speech Coalition, it is unconstitutional to prohibit the material if no actual minor was used in it's creation. Thus Section 504 is unconstitutional and the material is only subject to the Miller criteria. For the subject at hand, it can be reasonably derived that lolicon and shotacon in a manga is a literary work, a story that uses pornography as one of the story elements. Similarly, non-hardcore images do not meet the criteria, either. So all that's left is the hardcore images that are not part of a litterary piece. It can be argued that the "hentai" community views hentai as an artform as much as a form of pornography. So hentai in general and lolicon and shotacon in specific can be viewed as having serious artistic value, the artistic value that the vast number of viewers place on it. This can be a viable counter to whatever group is targeting the loli/shota of any site.
You should probably take
You should probably take note that Ashcroft v. Free Speech didn't concern the Child Protect Act. It decided the facts on an earlier piece of legislation.
The timeline might help:
1996: Child Pornography Prevention Act becomes law.
2002: Ashcroft v. Free Speech Coalition decides that the language in the 1996 act was overboard. According to the Supreme court, you are not allowed to ban all speech, only obscene speech. Under the 1996 act, even medical pictures would have been banned.
2003: Child Protect Act becomes law and specifically bans obscene depictions, but nothing else. The claimants who fought in the 2002 case are happy. They were nudists who were prohibited from distributing nudist literature with pictures of families (and thus children). Since only obscene speech is banned, and nudist literature is never laviscious or obscene (especially when it comes to children), the nudists are happy.
Conclusion: 2003 Child Protect Act was created specifically to deal with the ban instituted under Ascroft v. Free Speech Coalition. The ban against obscenity covers all except the most softcore of lolicon.
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Admin
Some Facts (by FCC)
http://www.fcc.gov/cgb/consumerfacts/obscene.html
The Supreme Court has established that, to be obscene, material must meet a three-pronged test:
* An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
* The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
* The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.
Well this really stinks, but
Well this really stinks, but we really can't do a thing. I personally think that the law isn't right, but there is some (very little) reason behind it. Is it a right-wing fanatic law? yes. Is it a violation of the constitution? Lets let the courts decide that. Just don't get too ryled up about it.
You do realize you are a pedophile...right?
You do realize you are a pedophile...right? For anyone to care that much about something they must be passionate about it; and anyone with half a thought know that you nor anyone defending loli gives a rats ass about the constitution, that's your front for beatn' it ,while thinking of your daughter or next door neighbor; I'd love to slaughter you all...nothing crazy though, I would make it last weeks for each and every one of you cowards, have you the courage to show yourselves. Each one of you is just as special to me, and deserves their own attention, course maybe your screams could enthrol one another, it might be fun!
Someday Rapist, someday,
Bisna
Haha wow, you're fucking
Haha wow, you're fucking psychotic.
You really believe that talknig like that is what your god wants?
And if you're not doing this for a god, then what, yourself?
You really think you're such hot shit that your rules should govern the world?
That you're above such judgements yourself?
You disgust me, you fucking hypocrate.
Note: The courts don't
Note: The courts don't decide cases unless citizens bring it to their attention.
The courts are not our watchdog, our check, or our balance against bad laws and bad legislators. When it comes to government, we have to be our own policeman.
So if you really do feel the lolicon issue is wrong, then stand up against it. Thinking like this is not too out of bounds, the ACLU and other special interest groups do it daily.
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Admin
Is there other sites that have lolicon?
too bad its banned since its really rare on the net. real porn and hentai is so common.
Yes, but we would prefer not
Yes, but we would prefer not sharing them as the people who targeted us may target them as well.
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Admin
So glad
I'm so glad to hear that you're getting rid loli and shota. I've always found both to be really disturbing and a total kill-joy, and it makes me feel so much better to know that they're off. Thank you so much for taking them off.
no more shota?
NO MORE SHOTA!?? well you'll have to kill me now, I don't think my soul could withstand the trip to the bathroom and the razor blades....
I guess if you're gonna ban loli because its pedo (can't disagree) then shota should be included as well, though I never thougt of it as loli... I always thought it was to take you back to your perverted fantasies as a 10yr old about women, now I won't be able to see those played out [here] just dissapointing i guess :/
I'm crestfallen... \wrists
i support lu.scio.us
hello fans of lu.scio.us i'm form México and i'm fan of shotacon and its a shame that law cant make a diference betwen the real thing (child pornografy) and a simple drawn, but lu.scio.us is more than loli and shota, so kep going with the good work.
sorry for the bad english
*Sigh*
Let's face it people. We're all adults, hopefully, here, and we should act like it. I get tired easily of those individuals who say they have to kill themselves, or something equally drastic, just because loli and shota is banned.
True, it's a greviance, but their's another side to this argument. On one side, the banning of loli and shota is just another attempt from our right-wing, (and, if you might pardon me putting...ahem...a little bit of myself into this argument- fanatically religious) to 'clean' up this world and 'save' some lost souls from damnation. Which is total...well...you know.
(Atheist, if you didn't get it already)
On the other side of the coin, some of those who are severly attracted to lolican and shota are those who, shall we say, are the types to actually go out and prey upon children. So, while it does hurt some of us, it helps reduce the tendencies of these unbalanced individuals to actually go out and hurt children. Not saying all those who look at loli and sh-...I'm just going to call it 'child hentai', because it's a lot easier on the fingers.
Again, not saying all those who look at these things are predators, but there are a few, as exhibited by these disgraceful shows "How to catch a predator" (or whatever the hell it was called).
Look at all the sides you can, judge them, and then say something about it, for those of you who haven't done that already.
Asides from the fact that
Asides from the fact that saying something like that sounds immediately retarded without something to back it up (its like saying Crisco cures cancer and leaving it at that) even logically when you think about it, eeeer.... shota and lolicon probably has no correlation to the instances of child molestation and serial predators...except that maybe it could come from the mind of serial predators...in Japan....
yeaa... I'm the one who
yeaa... I'm the one who wants to kill himself, and I would like to take you with me...
why the heck would you take THAT part of the comment seriously? ANYWAY it was to show my sadness over what happend because one, its gone, but TWO and BIG REASON is that there was nothing I could do about it.
It's kinda like, if someone like your favorite comedian or shock jock said something about the president, and people decided it was grounds to take him off the air, now you can't really argue against the fact that it was a dumb wrong thing to say, but removing him from the air? and it was sort of a minority of people who did it too...the played on corporate pockets and public furor, but most people actually don't know any facts about it or even really care...the sad thing is that there was no POWER IN YOUR HANDS TO DO ANYTHING ABOUT IT... stand up to it? stand up to what? I don't think pedophilia should be legal, but fact of the matter no kids were being hurt on this site, except some of you (**cough** **cough** ) that shouldnt be here and probably caused this whole thing in the first place.
And you'll all be powerless to stop the end of this site as well when the same powers that make forcing this site to do this reach even further to ban more content, untill there is nothing left of it( i mean like the ban of internet porn and whatnot you know they are planning it)
?
There are no 'powers that
There are no 'powers that be' in America. In the US, a vocal minority can get their way.
If it works for them, why can't it work for you and your group.
If you really like lolicon, fight for it. Don't throw up your hands and sigh because you're lazier than a conservative lobbying group.
As for lobbying groups... their only power is that they try; they try constantly; they never stop trying until they get their way.
Not trying = powerlessness.
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Admin
Well I knew this was going
Well I knew this was going to happen and I know it isn't the fault of this site, but the only reason I ever came here was for the lolicon, and I am not even a middle age stereotypical pedophile, I'm an 18 year old female. Anyway I won't be coming to this site any longer but I was always curious why this site had the balls over others sites to post it. I guess it was just a matter of time. Okay off to drawing my own.
heh.. so be it..
well be it far from me to have the balls to stand up against society,
but meh, i saw this coming, and let it come as it may.
collecting lolicon,shota whatever is a hobby of mine and i quite enjoy the
fine details and textures and artistic values of each piece of art.
one day i will join the ranks of the loli gods out there and contribute to the ever growing world that is loli.
let them decide what they will, i will continue to collect and study and even draw some pics of my own, take care and stay safe..
and as the previous poster said, ill be leaving the site as well.