What’s Obscene? Is There a Lawyer in the House?
Over the July 4th weekend, somebody declaring himself an FBI man posted a sort of friendly warning to the comments of Dog Day Afternoon. (Scroll down to the bottom of the comments to read the brief post by “FBI.”)
Obviously the comment was a joke or, possibly, an attempt at intimidation. It’s a completely un-FBI-like thing to do, and it was posted by somebody browsing the web in Ottawa (which is what the poster’s IP resolved to). All the same, it did put PervScan into a reflective mood. Is this site obscene? Has it crossed the line into criminality?
For the record, PervScan has every desire to comply with the law. From the outset, PervScan has abided by certain criteria that, in its estimate, keep the site on the proper side of legality. Simply stated, these are the criteria:
(a) Every page of the site clearly features an age disclaimer in bold type at the top of the page (”above the fold”).
(b) There are no images on PervScan. There are no illustrations of anything obscene because there are no visuals at all. There are only words. (In that sense, it would be difficult even to call the site pornographic, let alone obscene.)
(c) The stories that PervScan distributes usually originate in legitimate, mass-market publications. These are stories you could read in the New York Times or the Washington Post. If they are not illegal for newspapers, clearly they can’t be illegal for PervScan.
(d) Though the commentary that PervScan adds to these stories is frequently satirical, its primary aim is epistemological. That is, PervScan does not advocate or endorse any particular perverse activity. Instead, it seeks to understand and illuminate — and in that sense PervScan is no more criminally obscene than psychoanalysis or true-crime novels.
(e) Though users are invited to share their ideas or opinions in the comments to any story, PervScan does not provide any sort of forum for the sharing or exchange of illegal goods. Unlike Yahoo Groups, PervScan is not a place that sex offenders can troll for victims or illegal pornography. Though sometimes PervScan allows a user to post a web address for a relevant product or service, PervScan strives to delete email addresses or personal identifying information whenever either is included in the body of user comments. (You do have to use an email address to post a comment, though.)
To PervScan, these seemed like sufficient criteria. In fact, given the extreme nature of many sites (or sights) on the web, PervScan seems pretty tame in comparison. However, because obscenity is usually defined with reference to “community standards,” PervScan thought it might be a good idea to broach the issue with the public itself: Is this site obscene? Are its self-stated criteria insufficient? Does it cross the line that separates the lewd from the criminal? Do you think it should implement stricter access policies? For example, would you still frequent the site if you were required to activate a (free) membership to view and/or to post comments? Or do you think that the site, as it is today, falls within acceptable standards of first amendment expression?
Well i think the sites a great laugh, i find it funi to seeing all the freaky weirdos out there n how fucked in the head they must be, very funi, wudnt say anything wrong is shown.
I think this site falls well within the realm of legality. The posted satire is often funny and insightful and, at least, offers an intelligent look that many people would not take without the help.
Yes, i would continue to frequent the site if I were required to activate a free membership to view/post comments. The comments are almost never as interesting as the posts anyway.
I’ve always approached the internet as a seperate community with its own standards. As such, your site is among the top-10 tamest sites I’ve ever seen.
When taken in the context of my physical community, however, some may find the focus of the site to be in poor taste. It’s one thing to have five paragraphs on bestiality buried within a hundred pages of everything else, and quite another to have a hundred pages on bestiality.
As for access policies, I’ve never read the comments before so I can’t state an opinion on the matter. However, if I needed to prove my age just to view the articles, you would never see me again. (This is merely a matter of personal rules to prevent identity theft and, given the current state of American politics, to protect my anonymity.)
If you’re protecting your anonymity, I hope that’s a pseudonym.
I play with more than just dogs and bitches daily.
Hi,
I dont think your site is obscene. I find your site interesting, informative, and vastly entertaining. However, its not MY standards that matter (unfortunately). Currently, the government uses the Miller Standard to determine if a thing is obscene. There are three facets to the standard; essentially if it appeals to the prurient interest, has no artistic or literary value, and offends contemporary community standards.
I find the Miller Test lacking in many areas. The internet covers the entire planet…one could then say that the strictest community standards of the most devoutly fundamentalist sect could determine content for all. The Miller Standard is also objectionable because of the mind control aspects…the govt clearly does not wish people thinking lewd thoughts. And by extrapolation, it has decided that lewd thoughts arent valid expressions of speech, as obscenity isnt covered by First Amendment Rights. As for artistic merit, thats so very subjective. Some may feel Michaelangelos ‘David’ to be obscene, as it depicts a naked man. In addition, early paintings that are NOW considered ‘art’ because of their age were once the pornography of that time period.
I dont feel this site is obscene. I am not a lawyer, by the way, but I have had reason to pursue this topic.
Sincerely
chain
Well of course it is obscene, my mother would be shocked.
I’m invited to “Taste the whip in Valley River Center”. (or to have cheap phone sex) Pervscan recommendations– HQ video of girls “cum-kissing,” i.e. passing sperm from mouth to mouth; Lick it — Stick it — Drip it — creampies, jizz eatout action, DP internals, all on super-crisp video. (no shiteating sluts of Caracas, tho, that was an Al Goldstein Screw Magazine scoop!).
Just wait until the FCC takes over the internets, and you’ll suffer the fate of Janet Jackson’s nipple.
You could always move offshore or to satellite radio like Howard Stern–Supervert podcasts from outspace –well, from the neighborhood of the Van Allen belts anyhow.
i adore pervscan and support its presence on the internet 100%.
Forward the “FBI” guys comments back to his ISP and ask them to enforce their TOS. Claiming in be a law enforcement agent is generally a crime in most countries, it is also considered a form of harassment which almost ALL ISP’s TOS ban.
All comments become the property of PervScan. You must use an email address to post a comment. However, PervScan disallows email addresses in the text of comments.
Ooh La La