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Wed, Aug. 8th, 2007, 04:00 pm
scarah2: I just want to make sure everyone has seen this buried subthread

We report child pornography to the NCMEC, as required by law.

Scroll down to markf's reply in particular. It's heavily implied that ponderosa121 and elaboration were reported to the National Center for Missing and Exploited Harry Potters Children.

I'm going to check innocence_jihad and if this isn't already there, I'm gonna crosspost it. Sorry if you see it twice, but I'm finding that a lot of people haven't lurked quite as aggressively as I have and haven't seen it.

Sun, Aug. 12th, 2007 10:55 pm (UTC)

In the case of Livejournal deleting the material, the Miller Test does not apply because they've stated their refusal to host the content despite legality. I didn't understand why so many people in the Lj_Biz community got up in arms over WHO exactly would decide artistic merit in the latest post when Lj clearly stated that the work did not have to meet the criteria for obscene any longer; any content of that nature would be deleted regardless.

Mon, Aug. 13th, 2007 12:00 am (UTC)

the problem is that they started out saying that it was legality that was determining what content they would host, and they have continued to insist that following the law is the fundamental issue here, rather just what they are "willing" or "not willing" to host (even while hopelessly conflating child pornography laws and obscenity laws). so i think people were asking about the "artistic merit" question because before the most recent "clarification" lj did say they were operating based on the miller test, and, in fact, in providing an explanation for one of the bannings they referred to a decision having been reached about the artistic merit of the work in question.

(they did then, of course, say that they weren't operating based on obscenity laws, but that was after the bannings.)