From: noring@netcom.com (Jon Noring)
Subject: Legal Questions on Distributing "Fanny Hill" Via Computer Networks
Message-ID: <noringCI1zsI.I5M@netcom.com>
Followup-To: misc.legal
Organization: Netcom Online Communications Services (408-241-9760 login: guest)
Date: Wed, 15 Dec 1993 01:50:39 GMT
Lines: 65


[NOTE:  Followup discussion has been set to misc.legal.]

Hello,

I've put together a shareware book (in Windows 3.1 Help file format which has
hypertext, multimedia-like capability) which I want to distribute through the
Internet and through public BBS's (and wherever it will go as shareware).

This in itself is not an issue, excepting that the book I transcribed was
from a public domain ASCII text of "Fanny Hill", written by John Cleland
in 1749.

"Fanny Hill" is the well-known novel, written in the first-person, of a woman
named Fanny Hill, who became a "high-class" prostitute in London.  It is
extremely explicit (it is also an excellent work of literature), and as such
has faced a lot of censorship/obscenity challenges over the years.  The most
recent challenge occured after it was reissued in the U.S. in 1963;  from this
challenge the U.S. Supreme Court ruled in 1966 that it wasn't obscene.

However, one thing about Fanny Hill, what with the recent surge in child
pornography laws, is that her described sexual experiences start at the onset
of puberty (age 15) and end at age 18 (before she becomes wealthy and marries
the love of her life).

Obviously, I'm a little reluctant to distribute this file via shareware because
of the possibility of violating Federal and state laws concerning child
pornography.

I also put into the text clear warnings of its erotic expliciteness and that
it is for adults only, but this may not be enough for other legal reasons.

My questions obviously concern:

1) Should I be worried?

2) Could I get into legal problems just for distributing it as shareware where
   it might be downloaded by minors?  (this is in addition to the child
   pornography issue).

3) Could Fanny's description of her sex life from age 15 to 18 be construed as
   child pornography and thus be prosecutable under the recent Federal child
   pornography laws?


Of course, share anything else that might come to your mind as well.  I might
also distribute other classic erotica at a future such as Sir Richard Burton's
translation of the 1001 Arabian Nights, and so your feedback on this will be
very useful.

Much thanks.

Jon Noring

(p.s., I've cross-posted this to a whole plethora of newsgroups since the
subject has direct bearing on all of them and it is likely that there's not
much overlap in the readership.  Followup has been set to misc.legal to
minimize bandwidth -- those interested in follow-on discussion should look
there.)

-- 

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| Jon Noring          | noring@netcom.com        |                          |
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