The DOST test is ill defined and should be rejected. Criticism of it:
The test was criticized by NYU Law professor Amy Adler as forcing members of the public to look at pictures of children as a pedophile would in order to determine whether they are considered inappropriate. âAs everything becomes child pornography in the eyes of the lawâclothed children, coy children, children in settings where children are foundâperhaps children themselves become pornographicâ.[16]
Robert J. Danay notes, âThe application of these factors, as in Knox , necessitates a drawn out analysis of materials that most people would not, in the past, have considered obscene or even sexual in nature. Through such analyses, police, judges, lawyers, and, ultimately, members of the public are forced to closely inspect increasingly innocuous images of children (and children generally) to determine whether the depicted children might be acting in a sexual manner.â[
Further, Dost only focused on the prong of the Miller Doctrine that deals specifically with appealing to the prurient interest. The other two prongs of the Miller Doctrine, are whether or not the material violates contemporary community standards, and whether or not the material in question has serious artistic, literary, or political value.
Prostasia is a research and advocacy non-profit foundation. You cannot research questions no one is allowed to ask. The foundation should stand behind those principles that it espouses. However, if @Terminus feels that my remarks are not appropriate, I will remove them.
And anyone who canât see that the computer generated image I used is not a real child, needs to get their eyes checked. It was carefully crafted not to violate the law. As for other countries around the world, they are entitled to their opinions, but this organization is based in the US.
Besides, I was just trying to troll the troll, not create a political statement.