Post AbTvvrMbMEceqExQCe by victor@tooters.org
(DIR) More posts by victor@tooters.org
(DIR) Post #AbTvveCCJbZm0CzQgK by victor@tooters.org
2023-11-04T19:41:35Z
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On October 23rd we defederated the instance `kasumi.loliimoutolove.com` for violating community rule 11 of Tooters by hosting Lolicon.While the legality of this content varies depending on the country you look at, it is federally illegal in the United States since the Protect Act (2003) added language which specifically forbids it.Now that our blocklist is publicly available any new suspensions we enact are monitored by numerous bots that broadcast it. The owner of ^ the domain noticed… 🧵
(DIR) Post #AbTvvf8KpS52uWBrIe by feld@bikeshed.party
2023-11-05T02:05:42.810527Z
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@victor first: yeah Loli is disgusting. > it is federally illegal in the United States since the Protect Act (2003) added language which specifically forbids it.I don't actually think this is true. I can find multiple lawyers website saying loli is not illegal and others where it says it is. It seems very gray area unless there is federal case law.e.g., https://anthonyricciolaw.com/is-lolicon-legal-in-the-us/
(DIR) Post #AbTvvg9R2qYS4DiFea by victor@tooters.org
2023-11-04T19:41:59Z
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…and emailed us on October 29th to argue that we need to break apart our rule 11 (which is itself a category of related offenses) to create a separate rule specifically for Lilicon/Shotacon, and then update our FediBlock announcement to remove mention of rule 11 being the reason we suspended her domain.Naturally we refused to do this, and I responded by explaining how normalizing this type of content actively endangers children, hurts victims, and is one form of grooming that is used… 🧵
(DIR) Post #AbTvvi6JnPFY78Gn4a by victor@tooters.org
2023-11-04T19:42:36Z
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…her response was to threaten me by saying if I didn’t do as was asked of me that she would report Tooters for distribution of CSAM because of our FediBlock announcements where we list the domain name of the instance we are suspending for violating community rule 11.I didn’t think much of the threats coming from some defender of anime depicting children in sexual scenarios, but she did follow through. On October 30th, filing reports with our web host, email provider, and domain registrar… 🧵
(DIR) Post #AbTvvkC4112AbWyPJ2 by victor@tooters.org
2023-11-04T19:43:05Z
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…this didn’t bother me from a stance of feeling like our FediBlock posts have any effect besides helping to ensure as many admins as possible are aware of instances harboring this type of content.What did worry me was the fact that you can never be sure how various service providers will respond to reports. Moving between data centers would have been a pain, but feasible, and there would have been a few hours of downtime. If Tooters domain was seized it would take us offline entirely… 🧵
(DIR) Post #AbTvvm5OyktSTRs7CS by victor@tooters.org
2023-11-04T19:43:24Z
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…on Friday we received our answer from all three, and they agreed that the announcements we publish for community members, and the fediverse network by including # FediBlock was considered a form of service notices as a platform provider.Moving forward not only will we be continuing our practice of transparency with our community members, but will also continue to contribute to FediBlock.We will never water down this revolting content by making a separate rule for MAPs seeking validation.
(DIR) Post #AbTvvpP0eJMOl84Jg8 by victor@tooters.org
2023-11-04T19:53:48Z
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What is even more ridiculous is that this person (Emma) took the language I used with her to explain how this content is illegal (and even if it wasn’t it’s morally revolting) and used it in her report with our web hosting provider hoping to get Tooters taken offline. Seems like maybe someone knows how much of a disgusting human being they really are.The original report filed:
(DIR) Post #AbTvvrMbMEceqExQCe by victor@tooters.org
2023-11-04T20:28:24Z
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Tooters has had a working relationship with NCMEC since July, shortly after we first began submitting all known cases of CSAM we encountered to them. The amount of reporting we were doing prompted someone from NCMEC to reach out to us to help clarify what they do/don’t want us reporting.In terms of animated depictions (Lolicon/Shotacon) if the server hosting it is in any of these countries they can’t act on it, and don’t want it reported:JapanRussiaCubaGuatemalaBrazil
(DIR) Post #AbTvvtGIIelWjG1PeK by victor@tooters.org
2023-11-04T20:50:55Z
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Tooters practice of reporting CSAM to NCMEC as we encounter it began after my attorney informed me that not doing so could lead to potential legal liability given the worst circumstances. Specifically when looking at 18 U.S. Code section 2258 which requires that we do so.I would like to think we are not alone in reporting, but I’ve yet to encounter another admin stating that they regularly do so. To that end I would argue Tooters is the only 🇺🇸 based instance in compliance with U.S. law.
(DIR) Post #AbTxrlMHwTWay1z8oS by feld@bikeshed.party
2023-11-05T02:27:28.958656Z
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@victor I'm just confused how the Protect Act could possibly supersede Ashcroft v. Free Speech Coalition -- that's not how it works.It seems to me like they're just trying to discourage it by threatening the public with obscenity laws and hoping nobody has enough money to hire lawyers for defend it (which would be quite an unsavory and difficult thing to do in the eye of the public). But if you really wanted to fight it and had the resources you should win easily. Congress can't override the SC here, so they're just trying to sidestep them
(DIR) Post #AbTyPpFE04murivK1Q by feld@bikeshed.party
2023-11-05T02:33:37.631929Z
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@victor this ruling was also before the existence of our modern AI image generation models which ughhh 🤮 🤮🤮🤮
(DIR) Post #AbTzkXaSwekM8aIh4i by feld@bikeshed.party
2023-11-05T02:48:33.453493Z
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@victor okay yeah it's all down to obscenity and so far there has only been one person charged with violating the PROTECT Act:> Also in 2008, Christopher Handley, a "prolific collector" of manga,[28] pleaded guilty to charges related to the PROTECT Act, in exchange for a six-month plea deal, five years of probation, and forfeiture of his collection of manga and anime that had been seized by police.[27] He was facing a maximum sentence of up to twenty years. While not convicted by a jury, he was the first person charged under the PROTECT Act for the lone act of possessing art deemed obscene, in the form of seven manga graphic novels ordered from Japan. In the case United States v. Handley, district court Judge James E. Gritzner ruled that two parts of the PROTECT Act that criminalized certain depictions without having to go through the Miller test were overbroad and thus unconstitutional.[29] Handley still faces an obscenity charge.[30] Both prosecutors and defense attorneys noted that the plea deal was due to the high risk of a constitutional challenge, and the federal government agreed that Handley would not be required to register as a sex offender.[citation needed] A later ruling in United States v. Dean challenged the Handley overbreadth ruling because the Handley ruling did not prove that the sections had "substantial overbreadth".So it's kind of at a deadlock right now? They were afraid of having the Supreme Court knock it down again.What the hell man :bigwhat: