Sunday, February 26

Let's (Not) Talk About Sex

Oh we knew someday it'd happen. Don't act so surprised lol

I found these beautiful pictures I wanted to post. But... there was a tiny little issue. It was a woman... nude. Now I think they're lovely. I think it's art. But I know a lot of people are touchy and I didn't need Blogger having a heart attack and me getting reported. So I decided to check out the terms of service for Blogger.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Now here's the question. What is obscene? What's vulgar? Doesn't that depend a LOT on personal morals? There are plenty of people that think a photograph of a naked woman (or man) is obscene. Even if it's done as art. SO-- I went searching. And this is the definition I found for "Adult Content" on a blog:

What is obscene material?

United States courts use the Miller test for determining whether speech or expression is "obscene," and therefore not protected by the First Amendment. That means it can legally be banned.

The Miller test stems from Miller v. California, 413 U.S. 15 (1973), in which the US Supreme Court held that material is obscene if each of the following factors is satisfied:

--Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient (?) interest;

--Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable law;

--Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Most pornography depicting sexual acts or genitalia would not be considered obscene but community standards can vary widely (compare Peoria with Manhattan), and a blog can be seen in any jurisdiction.

Source: http://www.eff.org/bloggers/lg/faq-adult.php

And a little way below that:

What is sexually explicit conduct?

Sexually explicit conduct is defined in 18 U.S.C. ยง 2256, but basically is any form of sex or the "lascivious (?) exhibition of the genitals or pubic area." This definition is used for both child pornography and for federal reporting and record-keeping requirements.


So basically, if I am correct in my understanding, you're safest not posting anything that could be construed as an obscene image or statement. You're free to do so, but the way a person may see the image or statement, also depending on local laws, you might end up with the wrong kind of attention. You may mean it as harmless art, a thing of beauty, but if someone finds it to be sexually explicit (and has an issue with it) it's possible for you to be put under a microscope.

Is it just me or does it seem silly for so many people to be so bent out of shape over a naked body? Pornography, I get. Okay. I understand parents worrying about it, I understand people with dead set morals having issues. I do believe in there being precautions in sites containing adult material. In the end though it is up to the user to use discretion when surfing online. And in the end it's up to parents to be watching their children. I won't get into that because then I'll get into a rant about how parents don't pay any attention to their children anymore. Because if I start on that, I won't shut up lol

I get the need to cover your ass, I do. But can you make it a little more black and white then "obscene" for me folks? Obscenity is in the eye of the beholder. And so is beauty.

But this also sparked a little mission I've been on the past few days to find a site that was as flexible as Blogger without monitoring usage. Someone that takes freedom of speech to a whole new level.

The ONLY blogging site I have found without ANY TOS is WordPress. (I'm not there because you can't edit HTML, and only 8 layouts if you choose a free blog hosting. Besides that it is a nice service.) I created an account and at no point was I asked to agree to terms of service. The only blog site that allows sexual material (excluding child pornography of course) is JournalHome.com. (Pretty simple service. Not bad, but I'd stick with WordPress or Blogger. Created an account and still have no idea how to delete it. Had to write in asking how. Still waiting for a response. Not the most user friendly I think.)

I'll admit to having a bit of a problem knowing I can't post whatever I like. But the reason I'm posting is because I learned quite a bit and thought it was pretty interesting. Makes you think.

4 Comments:

Blogger Charley said...

Good to see you :). And is it technically against the TOS to hotlink your way over to the site, or post the images on your own host with a link to them?

27/2/06 7:20 PM  
Blogger dreaminglily said...

Charley said...
"Good to see you :). And is it technically against the TOS to hotlink your way over to the site, or post the images on your own host with a link to them?"

Yes it is. There's no way around it. Which sucks if you want to push those boundaries a little. Although I HAVE seen outright pornography on here, I'd rather not push my luck.

~Lily

27/2/06 7:29 PM  
Blogger betty said...

well thought out and researched entry, Lily. I know the dangers of pornography, but you aren't specifically talking that, but what might construed as TOS material in another person's opinion. I don't have an answer for you, but I'd say probably play it safe and not post anything that could be considered objectionable.

betty

28/2/06 1:22 PM  
Blogger Nicole said...

I just post warnings on an entry like that myself so that people know ahead of time what they will view if they keep on reading...that way the reader can decide for themselves if they what to see/read. I think it is silly to feel this need to censor ourselves in this "free speech" country.
http://journals.aol.com/sugar1337/Disobeyingtherulesofconvention/

1/3/06 7:51 PM  

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