AdultContentPolicyBackground

Background Information

Provides background information for the AdultContent policy.

Definitions

Adult Content

Adult Content spans many genres: violence, sexually explicit conduct, pornography(legal and illegal), child exploitation and obscenity. (more on the Electronic Freedom Foundation)

Bestiality

Bestiality is sexual relations between a human being and an animal of another species. Bestiality is illegal in many jurisdictions, while in others, such as in Germany, mistreatment of animals in general is outlawed but bestiality is not specifically mentioned. (wikipedia)

Child Pornography

Child pornography is any visual depiction, where "(A) the producing of such visual depiction involves the use of a minor [under 18] engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct."

(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Child pornography is illegal in the United States and the laws are enforced under Federal Statues, specifically Title 18 of the United States Code (18 U.S.C. Chapter 110) and definitions are contained in 18 U.S.C. Chapter 110, Section 2256.

Lasciviousness

Many courts apply the so-called Dost test to determine if a given image is considered to be "lascivious" under the law. United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986), aff'd sub nom., United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir. 1987) set forth a six factor test:

Whether the genitals or pubic area are the focal point of the image;
Whether the setting of the image is sexually suggestive (i.e., a location generally associated with sexual activity, such as a bed);
Whether the subject is depicted in an unnatural pose or inappropriate attire considering her age;
Whether the subject is fully or partially clothed, or nude;
Whether the image suggests sexual coyness or willingness to engage in sexual activity; and
Whether the image is intended or designed to elicit a sexual response in the viewer.

This test requires a case-by-case analysis and is devoid of bright line rules.

Obscenity

Additional components might be drawn those items considered to be obscene. Displaying obscene content on web pages is also illegal in the United States (18 U.S.C., p1, Chapter 71) but the definition of obscene is much less specific and is generally governed by the Supreme Court Case Miller v. California, 413 U.S. 15 (1973) which resulted in a three part test for obscenity. The test begins with a reference to community standards and ends with the question of serious value. The Miller Test is quoted below:

(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest,

(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and

(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Appeals to prurient interest as defined by AboutUs Community Standards
Patently offensive sexual conduct(content) that lacks serious literary, artistic, political, or scientific value

Pornography

In its broadest state pornography is the explicit representation of the human body or sexual activity with the goal of sexual arousal.

Since the definition of child pornography is codified it would seem reasonable to adopt the components of child pornography as the minimum definition of Adult Content. Components of the statutes include:

Sexual intercourse (actual or simulated, same or opposite sex)
Bestiality
Masturbation
Sadistic or masochistic abuse
Lascivious exhibition of the genitals or pubic area of any person

Sexual Explicitness

Any form of sex or the "lascivious exhibition of the genitals or pubic area."

Unwanted Exposure

Unwanted exposure is encountering content that you find offensive in unexpected places. (definition needs a bit more work)

Legal

See AdultWebLaw.com for explanations of the legalities.

Recent Case Strikes Down 1998 law

US Code on Obscenity

ACLU on Free Speech and COPA

COPA- Child Online Protection Act

from Wikipedia:

Some critics of obscenity law argue that the existence of Miller proves that federal obscenity laws are in fact not defined, and thus unenforceable and legally dubious.

Miller Test

The current definition of obscenity requires the application of a three-part test put forth in Miller v. :California, 413 U.S. 15 (1973). Under "Miller Test," a jury from the jurisdiction where an obscenity charge is brought will decide whether content is obscene by asking:

whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by :the applicable state law, and
whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."

About the Miller Test

Community standards (and how are these defined?) vs. Nation standards

notion of - laws that punish vs, laws that protect

Policies on other sites

Craigslist
Google - [1] [2]
City Search/Yellow Pages
Ebay
YouTube [3], [4]
MySpace [5] paragraph 5 and section 8
Facebook [6], [7]
MSN, AOL, etc
Wikipedia [8], [9]
Blogs [10], [11], [12] bottom of page, [13] section 2, [14] member conduct]
Flickr/Yahoo [15]

Theories

Broken Glass theory

From Rudy Giuliani ... What promotes the behaviors we are seeking? Or, what environment would promote behaviors that we’d like to see in terms of community.

Read About Broken Glass theory and struggles

Effects of Adult Content

Emmers-Sommer, T. M., & Burns, R. J. (2005). The relationship between exposure to Internet pornography and sexual attitudes toward women. Journal of Online Behavior, 1 (4). Retrieved from the World Wide Web: Journal of Online Behavior

Wolak et al. , Unwanted and Wanted Exposure to Online Pornography in a National Sample of Youth..., Pediatrics.2007; 119: 247-257. Pediatrics Journal