密歇根州议员提议全面禁止色情内容
Total porn ban proposed by Michigan lawmakers

原始链接: https://www.fox2detroit.com/news/total-porn-ban-proposed-michigan-lawmakers

密歇根州议员提出了一项法案,名为“反腐败公共道德法案”(HB 4938),该法案将禁止该州内所有形式的色情内容——这是美国首例此类措施。该法案由众议员乔希·施里弗赞助,禁止描绘性行为,包括涉及跨性别者扮演与其生理性别不同的性别的行为。 违规者可能面临长达20-25年的监禁和巨额罚款(最高125,000美元),并可能被列为性犯罪者登记。互联网服务提供商也可能因允许访问被禁止的材料而受到处罚,并需要实施过滤器。 支持者认为,这项禁令对于保护儿童和打击人口贩卖是必要的,并声称两者之间存在联系。虽然其他州正在探索对色情网站进行年龄验证,但密歇根州的提案是对成年人和未成年人均适用的全面禁令。该法案目前正在司法委员会审议,尚未安排审查会议。

密歇根州一项拟议的全面禁止色情内容的法案引发争议,因为它具有广泛且可能影响深远的含义。Hacker News上的评论员指出,该法案不仅针对色情内容,还可能将像《油脂》和《窈窕淑男》这样的主流娱乐形式定为犯罪,甚至可能以禁止描绘与出生时指定性别不同的性别表达方式为由,将跨性别者作为目标。 一个主要担忧是,该法案规定将违反“危害公共道德法”的人列为性犯罪者,被视为一种故意非人化反对者的企图。批评者质疑该法案的合宪性,并强调发起人乔希·施里弗众议员的极端观点——包括反对避孕和同性婚姻——这引发了人们对其动机的猜测。 虽然一些人认为该法案不太可能通过,但这场讨论凸显了人们对政府过度干预以及立法可能被滥用的担忧。如果该法案获得进展,预计密歇根州对VPN的需求将会增加。
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原文

In this photo illustration a PornHub logo seen displayed on a smartphone screen with a computer wallpaper in the background in Athens, Greece on November 12, 2021. (Photo by Nikolas Kokovlis/NurPhoto via Getty Images)

Michigan lawmakers proposed a bill last week banning porn.

This comes after the bill's primary sponsor, Rep. Josh Schriver (R-Oxford), said earlier this year that he was working to draft legislation banning all porn online.

Dig deeper:

House Bill 4938, called the "Anticorruption of Public Morals Act," would prohibit the distribution of "real, animated, digitally generated, written, or auditory" depictions of sexual acts. The bill breaks down the types of acts covered, including intercourse and masturbation.

The bill also includes a section that takes aim at transgender individuals by prohibiting material "that includes a disconnection between biology and gender by an individual of 1 biological sex imitating, depicting, or representing himself or herself to be of the other biological sex."

Related

New Michigan laws ban AI-generated porn

Using artificial intelligence to create pornographic deepfakes of real people is now prohibited in Michigan, thanks to bills signed by Gov. Gretchen Whitmer this week.

The bill would require internet service providers in Michigan to use filters to prevent people from seeing the prohibited material. 

If the bill were to become law, violators could be looking at prison time or hefty fines. Distributing the prohibited material or making it available online would carry a maximum prison sentence of 20 years and/or a $100,000 fine. If more than 100 pieces of prohibited material are involved, that penalty jumps to 25 years in prison and/or a fine up to $125,000.

Additionally, an internet service provider or commercial entity could face fines for knowingly allowing people to access sexually explicit material online. 

The bill's sponsors are also pushing for violators of the Anticorruption of Public Morals Act to register as sex offenders. 

Others behind the bill include Reps. Joseph Pavlov (R-Smiths Creek), Matthew Maddock (R-Milford), James DeSana (R-Carleton), and Jennifer Wortz (R-Quincy).

What they're saying:

According to Schriver, the ban, which would apply to adults and minors alike if it were to become law, is designed to protect children.

"These measures defend children, safeguard our communities, and put families first," he wrote on X. "Obscene and harmful content online threatens Michigan families, especially children."

Schriver has been outspoken about his objections to porn and his desire to ban it completely in Michigan. Earlier this year, he said porn and human trafficking were linked, adding that "shutting down the porn industry would be a crushing blow to the human trafficking industry."

Big picture view:

If the bill were to become law, Michigan would be the first state to enact a total porn ban. 

Some states have moved to require age verification to ensure only adults are watching porn, but no states have outright banned the viewing of pornographic material.

For instance, earlier this summer, the United States Supreme Court upheld a Texas law requiring age verification for users visiting porn websites. Several other states, such as Florida, have passed similar laws. 

What's next:

The bill was referred to the Committee on Judiciary.

No meetings have been scheduled for the committee to review the proposed law.

The Source: A copy of HB 4938, Rep. Schriver's X account, and previous reporting were used in this story.

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