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  1. #1
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    Default Is it illegal if it's drawn??

    I'm specifically referring to hentai and doujin here.

    Let's say that hypothetically: I've got some stuff that has young people (teens, not kids, but numbers lower than 18 do show up in the speech bubbles). I've also got some stuff that has dubious consent and r*pe fantasy material. None of it with any photographs of human beings though, all 100% drawn.

    In this hypothetical situation: Would I get in trouble if I take this drive in for data recovery. Do data recovery people even pay attention to the specifics of the files they're recovering or do they just do the job? Is there any kind of do-it-yourself data recovery? Is it even a problem if it's all drawn and/or animated? Would the fact that the hypothetical drive is also chock-full of downloaded music be an issue?

    What do you guys think?

  2. #2
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    Default Re: Is it illegal if it's drawn??

    I'm not very sure!!

    I did had a recovery twice. (But with "normal" stuff)
    The first time nobody said anything.
    The second time the one who did the work told me "A lot of naked skin ha?"

    It's 2012!!
    You can trust nobody.

  3. #3
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    Default Re: Is it illegal if it's drawn??

    I guess if it is hentai its not a big deal since its drawn like you said. I might be wrong though. Good luck!

  4. #4
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    Default Re: Is it illegal if it's drawn??

    I am pretty sure that US laws consider animation the same as photographs. So be careful.
    I had a drive fail a couple years ago and recovered everything with Norton disc doctor.

  5. #5
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    Default Re: Is it illegal if it's drawn??

    Even if drawn nude minors are considered pedophilia and illegal.

    rule34.paheal is very adamant on that.

  6. #6
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    Default Re: Is it illegal if it's drawn??

    Quote Originally Posted by hfreak42 View Post
    I'm specifically referring to hentai and doujin here.

    Let's say that hypothetically: I've got some stuff that has young people (teens, not kids, but numbers lower than 18 do show up in the speech bubbles). I've also got some stuff that has dubious consent and r*pe fantasy material. None of it with any photographs of human beings though, all 100% drawn.

    In this hypothetical situation: Would I get in trouble if I take this drive in for data recovery. Do data recovery people even pay attention to the specifics of the files they're recovering or do they just do the job? Is there any kind of do-it-yourself data recovery? Is it even a problem if it's all drawn and/or animated? Would the fact that the hypothetical drive is also chock-full of downloaded music be an issue?

    What do you guys think?
    That depends on witch country you are in, and since you are in the US I´m guessing it differs from state to state.

    In Sweden (where I live) a translator of Manga resently was found not guilty in Högsta Domstolen (Swedens High Court) on child pornography charges for possesion of Hentaimagazines and some single drawings, but it was a close call, and he got convicted in the two lower instances of court.

    These were drawings that clearly pictured fantasy creatures and not real humans, and it was his job to look at these pictures, but he still allmost had to spend some time in jail for it. If the drawings had been realistic he would have been convinted, and if you go to jail for child porn, or any sex crime, you are not going to have a good time.

    I don´t have any interest in child porn, real or drawn, but I think it´s sick that a drawing could be illegal.

  7. #7
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    Default Re: Is it illegal if it's drawn??

    Quote Originally Posted by ChrissyBurnOut View Post
    That depends on witch country you are in, and since you are in the US I´m guessing it differs from state to state.

    In Sweden (where I live) a translator of Manga resently was found not guilty in Högsta Domstolen (Swedens High Court) on child pornography charges for possesion of Hentaimagazines and some single drawings, but it was a close call, and he got convicted in the two lower instances of court.

    These were drawings that clearly pictured fantasy creatures and not real humans, and it was his job to look at these pictures, but he still allmost had to spend some time in jail for it. If the drawings had been realistic he would have been convinted, and if you go to jail for child porn, or any sex crime, you are not going to have a good time.

    I don´t have any interest in child porn, real or drawn, but I think it´s sick that a drawing could be illegal.
    Interesting tidbits. I don't have any particular interest in child porn either...it's just that the characters in a lot of doujin are teenage school students that are having sex with their teachers or each other. Or in some cases it's the girls of Sailor Moon (technically 15, and sometimes stated as such in the speech bubbles). They're drawn with adult-looking bodies, though.

    Would a data recovery person even be reading the speech bubbles in my doujin? Would they even feel the need to open the files they're recovering?

  8. #8
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    Default Re: Is it illegal if it's drawn??

    Quote Originally Posted by hfreak42 View Post
    Interesting tidbits. I don't have any particular interest in child porn either...it's just that the characters in a lot of doujin are teenage school students that are having sex with their teachers or each other. Or in some cases it's the girls of Sailor Moon (technically 15, and sometimes stated as such in the speech bubbles). They're drawn with adult-looking bodies, though.

    Would a data recovery person even be reading the speech bubbles in my doujin? Would they even feel the need to open the files they're recovering?
    I guess id depends on the person doing the recovery job, how curious and/or unethical he is. I wouldn´t take the chance, or at least look up the laws where you are carefully before hand, I wouldn´t wanna get stuck on a child porn charge...

  9. #9
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    Default Re: Is it illegal if it's drawn??

    Horse after cart, but backups and destroy old drives... Better than conviction
    or use something like steganos to create encrypted drives living in regular files
    Last edited by tcp-pct; 08-08-2012 at 05:34 PM.

  10. #10
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    Default Re: Is it illegal if it's drawn??

    The fact that any porn is illegal is retarded!

  11. #11
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    Default Re: Is it illegal if it's drawn??

    Quote Originally Posted by FLJackin View Post
    The fact that any porn is illegal is retarded!
    So you think child porn is OK? Hope that is not what you are saying because in order for it to be available means a kid was violated in the most despicable manner.

    The users of child porn are as guilty as the creators.

  12. #12
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    Default Re: Is it illegal if it's drawn??

    law.cornell.edu/uscode/text/18/2256

    i'd suggest you go read it for yourself, but here the gist of it.
    if a reasonable person can look at it and tell that it's not a real person, it's legal. (US federal law, all states)

    [off topic, more US law stuff]
    there's a bunch of other stuff about how depictions of them can and cannot be shown in photographs/movies too.
    individual laws vary state to state, but..
    -the act of seeking files/print media to view can get you in trouble (intent to view, seems vague to me)
    -of course possession and delivery in any manner across state lines (web, email, snail mail, hand carry, etc.)

    oddly most of the time you can have certain files (up to 3) deny knowledge, and get away with it. (people download a lot of shite)
    you can have pix of your own in the tub fully nude doing kid stuff. (they better be cute photos)


    these subjects came up in a discussion on another board and i'm the kind of person that has to know everything about what stuff is about. i'm not an expert or anything but i seem to know a lot or how to find the answers.


    in answer to your question, yes drawn depictions are legal. even what would be considered the really immoral stuff.
    Last edited by pixelpete; 12-06-2012 at 07:52 AM. Reason: forgot to directly answer

  13. #13
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    Default Re: Is it illegal if it's drawn??

    I did a quick search and I think you are wrong pixelpete...Us law referenced below

    1466A - Obscene visual representations of the sexual abuse of children

    See also: Legal status of cartoon pornography depicting minorsIn response to the demise of the CPPA, on April 30, 2003 President George W. Bushsigned into law the PROTECT Act of 2003 (also dubbed the Amber Alert Law).[4]The law enacted 18 U.S.C. § 1466A, which criminalizes material that has "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting" that "depicts a minor engaging in sexually explicit conduct and is obscene" or "depicts an image that is, or appears to be, of a minor engaging in ... sexual intercourse ... and lacks serious literary, artistic, political, or scientific value". By its own terms, the law does not make all simulated child pornography illegal, only that found to be obscene or lacking in serious value.[citation needed]In Richmond, Virginia, on November 2005, Dwight Whorley was convicted under 18 U.S.C. 1466A for using a Virginia Employment Commission computer to receive "...obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males."[5][6][7] He was also convicted of possessing child pornography involving real children. He was sentenced to 20 years in prison.[8]

 

 

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