Does Server Location Matter ?

[Toby]

Originally Posted by twintone

While pornography by itself is not illegal, it can be prosecuted as obscenity if it fits the definition laid out by the Supreme Court more than 30 years ago. Under that ruling, Miller v. California, a work may be deemed obscene if, taken as a whole, it lacks artistic, literary or scientific merit, depicts certain conduct in a patently offensive manner, and violates contemporary community standards.

I think most of us here are very aware of the Miller Test. It really doesn't define obscenity, rather it defines a set of criteria for a jury to use to determine if something is obscene.

One problem lies in the the concept of community standards. Prosecutors have been taking advantage of localized community standards to persue cases where the true applicable community is the entire Internet.

Another problem is that you don't know for sure you're in violation of the law until you're convicted.

Max knew he was on the Feds radar, yet he still continued to push the limits, so he had to know they'd keep coming after him. I think the conviction will get overturned on appeal, but I can't say that Max didn't get what he had coming to him.