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[t'Sade]

Been an interesting couple of months. I'm currently working on a full-length, mainstream novel which has--sadly--almost no sex beyond a single kiss. It is also dealing with teenagers, which is one of those highly uncomfortable topics right now for me. So, if I seem a bit distracted, it is because of that, not because I don't love you.

I really do love all of you.

I also realized that I'm not comfortable with my three underaged stories online. I don't know why, but there my stress level isn't going down for those stories. Everything else is of legal age, and sadly I feel better about the rape and cannibals than I do about the under-aged even by a few month stories (Father's Day Pact). It doesn't matter if each one is dealing with major things in my life, I just worry too much.

So... I pulled it. I'll put them back up when I feel more comfortable, plus I'll give anyone a copy who wants it, but I simply don't feel safe. And, it might feel like fleeing and it is. I also hate it, but I can't get over it right now. I plan on writing the essays associated with them, because I think they are important, but the stories themselves are now gone. They were: Special Treats, Father's Day Pact, and Daughter of Justice.

That isn't to say I won't do age play still. Or write stories of minors, I just am going to pull them off my public list. My commissions still allow anyone 13 or older, simply because that is when I lost my virginity. But, they'll sit on my hard drive unless the world changes and people stop shoving their heads in their asses.

I'm also considering putting the galleries up again. It might not be the same software, I'm thinking coppermine, but I haven't quite figured out everything yet. Mostly so I can post the various comics (gender-gending, Kim Possible, etc.) so I don't lose them.

Other than that, I finished a commission. A nice little romantic cannibal story called "Good Deal". If the commissioner allows it, I'll be posting that up soon. It is set in my cann world (Cannibal Moon) but I only have two stories in that universe.

[azalel]

I do understand where you are coming from.  This is a scary point in American history where even a hint of impropriety may cause "Big Brother" to turn his gaze on you.  I am against censorship and I feel that moron who caved in to the pressure over hentai manga was fucking dumb as hell, but I do understand the need to protect yourself. 

As for your stories, you are right.  It is frightening to think that you can go to jail and have your life destroyed because you wrote something concerning someone below the age of sixteen.  I mean, it is fiction.  This is the main reason I do not write parodies about real people.  As long as it is someone I created in my head, I am fine.  I recently had a member of another forum request a story based on them and after a few weeks of trying to write it, I find I cannot continue. 

I love your writing, however, and would like copies of those stories you mentioned. 

I hope this insanity ends soon and some semblance of personal liberties comes back.

[KK]

I understand you, t'Sade.
Better safe than sorry.

And you know, you can claim political asylum in Germany, if things get tough in the USA. 

(Just a lil sarcasm, because of a news report that the USA actually gave a German family political asylum, because, in the judge's opinion, Germany is suppressing their right to not send their children to a public school - when I have more time I'll post a bit more about the case, because I think it's just too ridiculous to not mention it).

[MariusVI]

My commissions still allow anyone 13 or older, simply because that is when I lost my virginity.

I'm going to search for it! A beer for everyone once I've found it!

I understand you, t'Sade.
Better safe than sorry.

And you know, you can claim political asylum in Germany, if things get tough in the USA. 

(Just a lil sarcasm, because of a news report that the USA actually gave a German family political asylum, because, in the judge's opinion, Germany is suppressing their right to not send their children to a public school - when I have more time I'll post a bit more about the case, because I think it's just too ridiculous to not mention it).

A couple of years ago the US granted someone from Western Europe, I think he was a Briton, asylum because of his native country's policies on smoking - he claimed people were poisoning, hence killing him. Ever since I've been unable to understand the US issue with illegal immigration - it should be easy for anyone to be legally granted asylum in the States. Just claim a garlic allergy, or some such thing...

Germany, by the way, might actually be a lot tougher on stories involving minors than the US. Ofcourse there's the worldwide paedophilia scare, which is connected to development of the internet; then there's the Armin Meiwes legacy, and the matter of photographs of American wardens torturing Iraqi prisoners in Abu Ghraib being disseminated through Hungarian porn sites to, in first instance, a German-speaking public (German is the lingua franca of Central Europe, not English) - all this has led to increased attention of lawmakers for the community of "aberrant sexuality" (including, as in Britain, coprophilia, scat, bestiality, age play, gagging (in combination with bondage), etc.). No, Germany might not be the place for some people to go...

[KK]

I disagree about your last statement.
There is some controversy going in the legal community about whether comics and CGI graphics showing characters who look like minors can be considered child pornography - with an increasing number of lawyers and law professors in the "yes!" side.
But the definition of what actually constitutes pornography in contrast to, say, erotic art, is more lenient than in the USA, afaik.
That's even more so with stories, so risk is really low to be charged with child pornography in that context.

Also, the law our Zensursula (a nickname the ministry of family, Fr. Ursula von der Leyen got from the idea of trying to censor the internet) tried to force through is soon going to be dropped. It will never be enforced even though technically it exists.

So far I haven't seen the kind of hysteria about child pornography in Germany that apparently exists in the USA and UK. And I still believe we have more common sense in enforcing the law that do exist. I dont see that changing anytime soon.

[MariusVI]

I disagree about your last statement.

No, Germany might not be the place for some people to go...

You mean Germany is the place for all people to go?

This week's installation of a full scale internet filter dedicated to the shielding off of child porn does make the German situation a little troublesome in the eyes of one of the country's neighbours - (Sense)Ursula jokes or not. However, I wasn't only thinking of this when stating what I did (state) - I was remembering a number of newspaper discussions pertaining to other legal changes in Germany, but unfortunately I can't remember enough of the details to present a clear case to you. No, there's no panic or witch hunt, but then again I wasn't talking about such things. The last year has seen, I believe, legalization making the hosting of a site such as t'Sade's supported by German servers, or maintained by anyone in Germany, quite risqué - and possession of realistic snuff graphics as well as visiting sites offering them something you might want to reconsider. - Ofcourse, there's a fair chance you've been better informed, as I may have been reading things too quickly, etc., or mixing them up with the affairs of other neighbouring countries, but I'll keep my eyes open from now on, and perhaps I'll encounter something for you to consider.

[KK]

Installation of a full scale internet filter?
Where did you get that one from.
Yes there's a law that WOULD ALLOW such a filter, but the govt parties have already agreed that it WILL NOT be enforced.

For the record: I am working in law enforcement, so I suppose I know about some stuff better than the news reporters. (And, in my opinion, news reporters most of the time get things way wrong esp about law, because, well... they most of the time dont have a degree in law and law isnt exactly something to grasp too easily without some basic knowledge in the first place).

[MariusVI]

Where did you get that one from. - Is that a serious question? 'Cause I could have a look and try to find my source articles, but they would be in Dutch, so I'm not sure they would be of much help to you.

OK, I didn't know about the no enforcement detail you've just mentioned - a very Dutch thing, by the way, and something both Germany and France used to criticize The Netherlands for (non-enforcement of existing laws). Strange thing, by the way, to allow politicians to meddle with the judicial powers - what if a judge would wish to convict someone based on this new law, which isn't to be enforced, but apparently is there all the same - would he have to bend for any politician who happens to be around? Somewhat of a rhetorical question...

By the way, journalists do tend to really rape the information they've been provided with, we do agree on this - I don't have a degree in law, but I am an academician specializing in other fields, and am often surprised and shocked at the way scholarly or scientific articles are summarized in popular media. The proper phrase for the results would be - science fiction.

Anyway, what's your verdict on the other topics I've mentioned? Hosting snuff erotics sites in, or from Germany? Possessing and collecting torture porn? Even of the funniest, silliest type?

[KK]

Ok lots of questions to answer ina very limited time, I'll try and start giving some background first:

1. The no enforcement part:
It's new for Germany and a coincidence: After the election last year CDU and FDP formed the govt coaliton. The FDP (that's the liberals) made the requirement that the law in question will be revoked (it was voted for by the CDU and SPD but not yet signed). However, the president signed the law because didn't see it as unconstitutional and wasn't told not to sign it (the president has very little power in the German constitution, basically just the figurehead to formally sign treaties and laws etc.). So, legally it is now in effect, but actually enforcing it would be against the coalition's agreement. That's very very unlikely.
So I expect it to be formally revoked anytime soon - before the infrastructure to ever enforce it could actually be formed.

Als, there is maybe another misconception in the news about what the law actually does:
What the law allows is replacing DNS entries linking to child porn sites with a link to a "stop sign" that tells users that they were about to enter a child porn site and that that would be illegal. So, going to that "stop sign" is NOT a criminal offense. The whole thing is meant prevent people from accessing child porn, but not to presecute them.
A committee would be formed to determine on a daily basis what site's DNS entries would be replaced with that stop sign link.

A criminal offense would be to circumvent the stop sign by getting to the "forbidden" site by different means (actually very easy but I won't explain here how that works).
So, as the whole re-linking to the stops signs won't be enforced, by the vey definition there also can't be a criminal offense by circumventing the stop signs. - You can't circumvent what's not there. 
So there is no "bending the law for politicians".

2.
Hosting snuff sites... Well, that's a hard question. It would really depend on whether it is erotic or pornographic. Not easy to explain the difference in a few words but I'll try:
Pornographic means that the sexual aspects are so much in the foreground to completelyx or almost completely exclude all other aspects AND that is the producers/distributors intention.
So, for example: artistic nude photos would usually not be considered pornographic, but a close up of a pussy would very likely be considered pornographic (unless in a medical journal or whatever). Blatantly showing intercourse would be porn, a short even somewhat explicit sex scene in a 100 minute movie would not make the whole movie pornographic.

If it gets so funny and silly that it is more like a caricature... well, there you have it: if that's the case it obviously does NOT exclude ALL other aspects.

Of course, it is all a matter of perception as is the case with most legal matters. The borderlines are very fluent abd I am (oh what surprise !) more liberal than many others.

[t'Sade]

The idea of "obscene" is a rough one in the USA also. There isn't hard rules for what would be considered obscene (pornographic) or art. While I consider my stories like "Daughter of Justice" to be art (and a political commentary) there are others who say it purely about sex and therefore obscene. And, naturally since some consider anything with children obscene anyways, it turns into a sticky situation. Which is why I pulled them; I consider it art but there are others who don't.

Fascinating to see how other countries do it though.

And, pretty much, how easy it is to get around that stop sign.

Though, I'm curious to see if the stop sign thing could get politically motivated. We've already seen where the anonymous forces behind that type of censorship start to include opposing views in their filtering (such as when a Democrat ended up adding some pro-Republican sites on a filter).

[KK]

I don't think politically motivated stuff like the stop sign idea are going to happen anytime soon in Germany. Even for a reason like the prevention of child porn - a topic that, so you'd usually think, forces everyone to agree to do whatever it takes unless they want to commit political/social suicide - created an unprecedented uproar in German society.
It pretty much helped to build a new political party from scratch in Germany and they got a stunning 3,2% of the votes with basically the only topic of real interest being to "stop the internet censorship".
I'd have never expected a single topic could rally so many people and it kinda gave me the feeling that democracy is still very much alive and kicking and people are still aware of their rights and using them.

[t'Sade]

Cool, that is awesome. Kind of like the Pirate Party gaining some power in some countries. Gives hope, you know.

But, I'm also against doing things to save the children. They got along just fine before, why save them now?

[MariusVI]

Ok lots of questions to answer ina very limited time, I'll try and start giving some background first:

1. The no enforcement part:
It's new for Germany and a coincidence: After the election last year CDU and FDP formed the govt coaliton. The FDP (that's the liberals) made the requirement that the law in question will be revoked (it was voted for by the CDU and SPD but not yet signed). However, the president signed the law because didn't see it as unconstitutional and wasn't told not to sign it (the president has very little power in the German constitution, basically just the figurehead to formally sign treaties and laws etc.). So, legally it is now in effect, but actually enforcing it would be against the coalition's agreement. That's very very unlikely.
So I expect it to be formally revoked anytime soon - before the infrastructure to ever enforce it could actually be formed.

Als, there is maybe another misconception in the news about what the law actually does:
What the law allows is replacing DNS entries linking to child porn sites with a link to a "stop sign" that tells users that they were about to enter a child porn site and that that would be illegal. So, going to that "stop sign" is NOT a criminal offense. The whole thing is meant prevent people from accessing child porn, but not to presecute them.
A committee would be formed to determine on a daily basis what site's DNS entries would be replaced with that stop sign link.

A criminal offense would be to circumvent the stop sign by getting to the "forbidden" site by different means (actually very easy but I won't explain here how that works).
So, as the whole re-linking to the stops signs won't be enforced, by the vey definition there also can't be a criminal offense by circumventing the stop signs. - You can't circumvent what's not there. 
So there is no "bending the law for politicians".

2.
Hosting snuff sites... Well, that's a hard question. It would really depend on whether it is erotic or pornographic. Not easy to explain the difference in a few words but I'll try:
Pornographic means that the sexual aspects are so much in the foreground to completelyx or almost completely exclude all other aspects AND that is the producers/distributors intention.
So, for example: artistic nude photos would usually not be considered pornographic, but a close up of a pussy would very likely be considered pornographic (unless in a medical journal or whatever). Blatantly showing intercourse would be porn, a short even somewhat explicit sex scene in a 100 minute movie would not make the whole movie pornographic.

If it gets so funny and silly that it is more like a caricature... well, there you have it: if that's the case it obviously does NOT exclude ALL other aspects.

Of course, it is all a matter of perception as is the case with most legal matters. The borderlines are very fluent abd I am (oh what surprise !) more liberal than many others.

My apologies for not replying any sooner. I do appreciate the time and effort which went into your answer, but have been otherways occupied for a while...

Which is a very lame thing to say, yet fitting in a world which tends to lame (verb) people.

Perhaps I should have stated from the beginning that I do believe Germany to be quite unlike the US, which ofcourse is the centerpiece of the axis of evil...

I have the feeling I'm going to have to look into this matter of (perceived) German over-zealousness regarding snuff & torture porn more closely before getting back to it. Bide your time...

[MariusVI]

Cool, that is awesome. Kind of like the Pirate Party gaining some power in some countries. Gives hope, you know.

But, I'm also against doing things to save the children. They got along just fine before, why save them now?

There's an awful lot of them - I don't think they're an endangered species.

By the way, some information for various visitors: the Pirate Party has been winning seats in both the Swedish and the German parliaments (unless KK corrects me) - even European Community MP's now find themselves in the company of guffawing men with sabres, wooden legs and a swearing parrot on a shoulder. Soon the cannons will be smoking and busty dames screaming for dear life...

[KK]

Sorry, I have to correct you:
They have not won any seat in the German parliament, because they failed the 5% bar.
German election law requires a political party to get a minimum of 5 % of the total votes OR 3 direct mandates (= 51+% in a voting area). I dont think the Pirate Party managed to get 51+ in even a single area (yet). I am quite sure I'd have heard of it.

I'll also take the time to explain the reason for the 5 % bar:
It was a historical decision to bar parties with less than 5 % of the total votes from getting seats in the parliament. It was meant to prevent fringe parties (back in the 50s read: communists) from taking seats and thereby having a right to sent party member into teh various groups of parliamentarians assigned to specific taskforces, esp the one overseeing military matters.
It also (still) serves the purpose of preventing a parliament being split up in so many little parties and interests groups that all decision making grinds to a halt because nothing ever gets a majority.
So, essentially it's a way of creating political stability.

To prevent the will of a large number (less than 5% but still many) of votes go unheard, the 3-direct-mandates-clause was put in, that I explained above. Of course, having the candidates with so much personal charisma that they can win 51+% of their local voters, isn't exactly likely.
Still, after the German reunion the PDS (that's mostly the former East Germany' cadre party and some communists) actually managed to get those 3 seats and had their 4something % of the votes be counted in total. So it can be done. The funny thing back then was, that the media considered this a "loophole" in our constitution, because never before in those 40 years anybody cared about this particular clause and it was kind of forgotten.

At last, I'll leave everyone to have their own opinion about the 5% bar, but I think it has served Germany well. And as much as I admire the Pirates for getting a stunning sucess, I do think it's not a good basis to put their whole weight in only a few topics. I mean, I am totally on their side when it comes to strengthen internet communities and preventing censorship, but I have yet to hear from them anything sensible about how strengthen our economy, how to reform our health care system, how to simplify our tax law, how to reduce unemployment etc. etc. I won't vote for anyone who cannot give me a complete idea of what they'll do. I am sure the Pirates will grow and be prepared with answers for these questions in the next election, though.