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	Comments on: The &#8220;CREEPER Act&#8221; Would Be Yet Another Unconstitutional Law from Congress (Guest Blog Post)	</title>
	<atom:link href="https://blog.ericgoldman.org/archives/2018/06/the-creeper-act-would-be-yet-another-unconstitutional-law-from-congress-guest-blog-post.htm/feed" rel="self" type="application/rss+xml" />
	<link>https://blog.ericgoldman.org/archives/2018/06/the-creeper-act-would-be-yet-another-unconstitutional-law-from-congress-guest-blog-post.htm</link>
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	<lastBuildDate>Wed, 20 Feb 2019 18:31:00 +0000</lastBuildDate>
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		<title>
		By: Elliander Eldridge		</title>
		<link>https://blog.ericgoldman.org/archives/2018/06/the-creeper-act-would-be-yet-another-unconstitutional-law-from-congress-guest-blog-post.htm#comment-2235</link>

		<dc:creator><![CDATA[Elliander Eldridge]]></dc:creator>
		<pubDate>Wed, 20 Feb 2019 18:31:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=18926#comment-2235</guid>

					<description><![CDATA[After learning about this I did some research and found that the cost of a realistic doll is proportional to it&#039;s size and weight, which of course makes sense, and both weight and cost are an important consideration for a given buyer. If the doll is too heavy it can actually cause injury, whereas a smaller doll would be a better fit for less money.

So, some data: 

An 80cm (31.5 inches or 2.62 feet) doll that weighs 4.5 kg (8.8 pounds) costs $690. It&#039;s the average height of a baby, but the large breasts throw that off.

A 108cm (3.54 feet) doll that weighs 14.5kg (31.96 pounds) costs $800 with free shipping. It is flat chested with the height of an average 5 year old.

A 126cm doll (4.13 feet) that weighs 20kg (44.09 pounds) costs $1200 with free shipping. It is flat chested the height of an average 9 to 10 year old. 

A 146cm doll (4.79 feet) that weighs 26kg (57.32 pounds) costs $1400 with free shipping. It has a small A cup and the height of a 12 year old.

A 155 cm doll (5.085 feet) that weighs 26 kg (57.32 pounds) costs $1900 with free shipping. It has a full A cup and the height of maybe a 16 year old, although I know adult women shorter with smaller chests.

A 140cm doll (4.59 feet) that weighs 23.5kg (51.80 pounds) costs $2,160 with free shipping. It, however, has a full D cup, although it has the height of an 11 year. 

Overall, we can see that with increasing height and weight the price increases with it., but once you start increasing breast size that becomes a bigger factor in deciding on cost. It would seem like a safer bet to go for the larger breasts, but because &quot;looking like a child&quot; is subjective, and even a 12 year old can have large breasts, it might instead make more sense to look for taller, but the tallest dolls also have small breasts.

A 5&#039;7&quot; doll that weighs 96 pounds costs $2,050 and it&#039;s as tall as I can find, but it has very small for her size B cups that can still pass for a tall minor.

All that&#039;s left are the overweight dolls. You can find a doll that has folds of fat and G cup breasts that point to the ground, but they are way more expensive and it&#039;s not like they fit every man&#039;s ideal image of attraction and it STILL could get confused with being an overweight child given it&#039;s short height.

Overall, the problem is basically this: The appearance of a child is largely subjective, and unless defined can be very confusing. If it is impossible for a person who buys a doll to know if it is even legal or not, it&#039;s a problem. Additionally, because some individuals have health issues that would restrict the weight they can handle (a sex doll is literally dead weight) they would likely only be able to handle the dolls most likely to be interpreted as child like.

What would happen if someone bought a sex doll resembling their own adult significant other, and the state tried to argue that her likeness alone constituted child pornography? I&#039;ve dated women older than me who look younger than me, and I think they&#039;d be offended.

Now, let&#039;s look at another problem with this law: Sex dolls are now commonly used as clothing models online. I myself have purchased for myself and others clothing items where the choice of a model made the difference in my decision to buy. A realistic sex doll resembling a child would actually be LESS exploitable than using a real child. 

The law as proposed does state that it must be intended for use as a sex doll, which is likely an attempt to avoid these arguments, but creates problems in that it forces an individual to use an affirmative defense where they have to prove their innocence rather than the state proving their guilt.

But let&#039;s assume for the sake of argument that someone who buys this doll intends for it to resemble a child. Let&#039;s assume they want it because it looks and feels like one. Why is that a problem? A person&#039;s sexual preferences are not a choice, and hormones can drive a person to act. I&#039;m inclined to believe then that if an individual purchased this because they believed it to be the only legal and safe way to release their urges without harming the child, that would benefit children. On the contrary, since most cases of exploitation is an &quot;opportunity makes the thief&quot; type scenario, rather than someone going out of their way looking for a child, by removing a possible outlet it increases the risk of temptation.

We do know from studies that spanned decades through many countries and changes to laws in those countries across generations that when and where pornography of any kind is banned rape occurs significantly higher than when it is available. When the study looked at bondage porn in particular, the correlation was even stronger. Logically, this means that people who stay at home and fantasize about raping someone is much less likely to actually do so. There is plenty of evidence to support this, and so of course we legalized porn between consenting adults. 

The same report also evaluated child pornography and did find that child porn availability did decrease occurrences of child molestation case, but the problem with such a policy is that unlike adults who can consent to playing out a scenario where they are pretending to be raped, a child is considered a protected class who is legally unable to consent, so of course we should outlaw and destroy child pornography as we find it as it represents actual harm to actual children, but the implications here is that a child sex doll should in fact serve the same function.

In my overall opinion, arguments that it should be outlawed because it might cause harm is the same as arguments used to try to outlaw porn all together, or laws that say you can&#039;t have sex in a particular position or manner with another consenting adult, or that books should be burned because some child might get an idea that the previous generation thinks of as immoral. If upheld it would open the door to a regression to such times.]]></description>
			<content:encoded><![CDATA[<p>After learning about this I did some research and found that the cost of a realistic doll is proportional to it&#8217;s size and weight, which of course makes sense, and both weight and cost are an important consideration for a given buyer. If the doll is too heavy it can actually cause injury, whereas a smaller doll would be a better fit for less money.</p>
<p>So, some data: </p>
<p>An 80cm (31.5 inches or 2.62 feet) doll that weighs 4.5 kg (8.8 pounds) costs $690. It&#8217;s the average height of a baby, but the large breasts throw that off.</p>
<p>A 108cm (3.54 feet) doll that weighs 14.5kg (31.96 pounds) costs $800 with free shipping. It is flat chested with the height of an average 5 year old.</p>
<p>A 126cm doll (4.13 feet) that weighs 20kg (44.09 pounds) costs $1200 with free shipping. It is flat chested the height of an average 9 to 10 year old. </p>
<p>A 146cm doll (4.79 feet) that weighs 26kg (57.32 pounds) costs $1400 with free shipping. It has a small A cup and the height of a 12 year old.</p>
<p>A 155 cm doll (5.085 feet) that weighs 26 kg (57.32 pounds) costs $1900 with free shipping. It has a full A cup and the height of maybe a 16 year old, although I know adult women shorter with smaller chests.</p>
<p>A 140cm doll (4.59 feet) that weighs 23.5kg (51.80 pounds) costs $2,160 with free shipping. It, however, has a full D cup, although it has the height of an 11 year. </p>
<p>Overall, we can see that with increasing height and weight the price increases with it., but once you start increasing breast size that becomes a bigger factor in deciding on cost. It would seem like a safer bet to go for the larger breasts, but because &#8220;looking like a child&#8221; is subjective, and even a 12 year old can have large breasts, it might instead make more sense to look for taller, but the tallest dolls also have small breasts.</p>
<p>A 5&#8217;7&#8243; doll that weighs 96 pounds costs $2,050 and it&#8217;s as tall as I can find, but it has very small for her size B cups that can still pass for a tall minor.</p>
<p>All that&#8217;s left are the overweight dolls. You can find a doll that has folds of fat and G cup breasts that point to the ground, but they are way more expensive and it&#8217;s not like they fit every man&#8217;s ideal image of attraction and it STILL could get confused with being an overweight child given it&#8217;s short height.</p>
<p>Overall, the problem is basically this: The appearance of a child is largely subjective, and unless defined can be very confusing. If it is impossible for a person who buys a doll to know if it is even legal or not, it&#8217;s a problem. Additionally, because some individuals have health issues that would restrict the weight they can handle (a sex doll is literally dead weight) they would likely only be able to handle the dolls most likely to be interpreted as child like.</p>
<p>What would happen if someone bought a sex doll resembling their own adult significant other, and the state tried to argue that her likeness alone constituted child pornography? I&#8217;ve dated women older than me who look younger than me, and I think they&#8217;d be offended.</p>
<p>Now, let&#8217;s look at another problem with this law: Sex dolls are now commonly used as clothing models online. I myself have purchased for myself and others clothing items where the choice of a model made the difference in my decision to buy. A realistic sex doll resembling a child would actually be LESS exploitable than using a real child. </p>
<p>The law as proposed does state that it must be intended for use as a sex doll, which is likely an attempt to avoid these arguments, but creates problems in that it forces an individual to use an affirmative defense where they have to prove their innocence rather than the state proving their guilt.</p>
<p>But let&#8217;s assume for the sake of argument that someone who buys this doll intends for it to resemble a child. Let&#8217;s assume they want it because it looks and feels like one. Why is that a problem? A person&#8217;s sexual preferences are not a choice, and hormones can drive a person to act. I&#8217;m inclined to believe then that if an individual purchased this because they believed it to be the only legal and safe way to release their urges without harming the child, that would benefit children. On the contrary, since most cases of exploitation is an &#8220;opportunity makes the thief&#8221; type scenario, rather than someone going out of their way looking for a child, by removing a possible outlet it increases the risk of temptation.</p>
<p>We do know from studies that spanned decades through many countries and changes to laws in those countries across generations that when and where pornography of any kind is banned rape occurs significantly higher than when it is available. When the study looked at bondage porn in particular, the correlation was even stronger. Logically, this means that people who stay at home and fantasize about raping someone is much less likely to actually do so. There is plenty of evidence to support this, and so of course we legalized porn between consenting adults. </p>
<p>The same report also evaluated child pornography and did find that child porn availability did decrease occurrences of child molestation case, but the problem with such a policy is that unlike adults who can consent to playing out a scenario where they are pretending to be raped, a child is considered a protected class who is legally unable to consent, so of course we should outlaw and destroy child pornography as we find it as it represents actual harm to actual children, but the implications here is that a child sex doll should in fact serve the same function.</p>
<p>In my overall opinion, arguments that it should be outlawed because it might cause harm is the same as arguments used to try to outlaw porn all together, or laws that say you can&#8217;t have sex in a particular position or manner with another consenting adult, or that books should be burned because some child might get an idea that the previous generation thinks of as immoral. If upheld it would open the door to a regression to such times.</p>
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		<item>
		<title>
		By: Christine		</title>
		<link>https://blog.ericgoldman.org/archives/2018/06/the-creeper-act-would-be-yet-another-unconstitutional-law-from-congress-guest-blog-post.htm#comment-2125</link>

		<dc:creator><![CDATA[Christine]]></dc:creator>
		<pubDate>Sat, 30 Jun 2018 05:10:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=18926#comment-2125</guid>

					<description><![CDATA[I&#039;m not sure I understand how transport of a physical object is subject to First Amendment  protections.  They aren&#039;t saying you can&#039;t create your own as a form of expression or art or even saying you can&#039;t own them.  They are exercising the wide latitude Congress gets when enacting laws of commerce both interstate and international.

They can pretty much say any object (as long as they aren&#039;t specifically targetting a protected class of people) is banned from being imported for any reason, and at best you&#039;ll get a rational basis review which really means no review as long as Congress claims they have a reason.

This bill should be shot down because they have no evidence child like sex dolls don&#039;t prevent more abuse than they cause.  They definitely don&#039;t cite any credible sources and most of the stuff they made up comes from web sites trying to predict the future of adult dolls and not what is really happening in the industry.

Child like sex dolls don&#039;t lead to sex with real children any more than violent video games lead to mass shootings or adult sex dolls lead to raping women.  I also recall seeing a few studies on other countries that had very low rates of sexual assault the more they allowed pornographic material.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m not sure I understand how transport of a physical object is subject to First Amendment  protections.  They aren&#8217;t saying you can&#8217;t create your own as a form of expression or art or even saying you can&#8217;t own them.  They are exercising the wide latitude Congress gets when enacting laws of commerce both interstate and international.</p>
<p>They can pretty much say any object (as long as they aren&#8217;t specifically targetting a protected class of people) is banned from being imported for any reason, and at best you&#8217;ll get a rational basis review which really means no review as long as Congress claims they have a reason.</p>
<p>This bill should be shot down because they have no evidence child like sex dolls don&#8217;t prevent more abuse than they cause.  They definitely don&#8217;t cite any credible sources and most of the stuff they made up comes from web sites trying to predict the future of adult dolls and not what is really happening in the industry.</p>
<p>Child like sex dolls don&#8217;t lead to sex with real children any more than violent video games lead to mass shootings or adult sex dolls lead to raping women.  I also recall seeing a few studies on other countries that had very low rates of sexual assault the more they allowed pornographic material.</p>
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