The PROTECT ACT is currently being challeged in the court. The part of
the PROTECT ACT your refereing to is the Child Obscenity Pornography
Prevention Act or COPPA (aka CPPA version III) which makes it illegal
not only to have real child pornography but virtual child pornography
(i.e. computer generated) as well. (although the Supreme Court ruled
twice once in 2002 and again 2004 that virtual child pornography was
protected under the First Amendment)
After the Supreme Court made it ruling the US Congress passed the
Protect Act, the problem with it, in regards to virtual child porn is
that the law was pretty much the same law the Supreme Court struck
down, as a matter of fact the group that challeged the CPPA wrote
Congress a letter and informed them that the Protect Act was under the
Supreme Court ruling also unconstitutional. The ACLU Also wrote
congress along with a number of laywers making the same statement that
the Child Obscenity Pornography Prevention Act (which is part of the
PROTECT ACT) WAS under the SUPREME COURT RULING UNCONSTITUTIONAL.
The first part of the COPPA deals with the banning of virtual porn
(Computer Generated) as I stated above. The second part of that law
makes any sculpture, painting, drawing, cartoon or writing that depict
children having sex to be OBSCENE, AND NOT CHILD PORN. Because as the
Supreme Court stated drawings, paintings, cartoons and writings come
from someone's imagination. "Real Child Porn in in itself is NOT
ILLEGAL, It is the Process on how it's created that makes it illegal.
The process in which child porn is created is by the harming and sexual
abuse of REAL children and since no children are harmed in the creating
of virtual child porn it doesn't fall under the scope in Ferber nor
does it fall with scope of Miller". (Ferber V New York US Supreme Court
1982); (Ashcroft v Free Speech Coliltion US Supreme Court 2002) So
Since no real children were harmed in the creating of those cartoons on
my web site then they are NOT Child Porn, and for it to be deemed
Obscene under the PROTECT ACT then it must be all three of the three
prong test of Miller (Miller V California US Supreme Court 1973) and it
must be ALL THREE of the THREE PRONG TEST to be consider obscene.
SO Lloyd keep crying about it on here, because NOTHING is going to
happen.....BTW YOU SHOULD REALLY READ THE UPDATE ON MY BLOG ABOUT THIS
ISSUE.
Off to put more pictures on my site
Todd N9OGL