This is one of the few conflicts in line about the issue of "Loli manga" as considered as child pornography or not...
Google has delisted the Little White Butterflies lolicon manga scanlation site from its index based on a complaint that the site hosted child pornography, despite the complaint having little actual merit based on independent research. This also follows another similar complaint received by aggregator MangaFox this past weekend, which promptly removed a number of titles afterwards that were clearly listed as lolicon manga despite having no pornographic content.
As the United States Code exempts fictional sexual depictions of children under 18 U.S.C. § 2256(11), the delisting clearly violates Google’s “do no evil” ethical policy in light of its failed anti-censorship crusade in China, but furthering the issue as a legal matter will be difficult as suggested by others in the community since the site hosts copyright infringing derivative works without proper licensing to distribute the material.
The above situation creates a dilemma as publishers and authors are averse to defend a site which conflicts with their commercial interests while expressing support on ethical and free speech grounds in any other case.
The webmaster for the site has contacted Google to work with the search provider in order to resolve the issue, though it remains to be seen what the end result will be. The Handley case continues to have its shockwaves felt, with these latest issues at the forefront.
Regarding this issue, Google seems to go through with their plan to clear out it's record on everything related to this aspect. Such as, banning important manga sites from their main funding google adds, as has happened with baka...
However, at least one current US definition of child pornography explicitly excludes artistic depictions:
This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
Other definitions (there are a wide variety of conflicting statutes) which do not exclude 2D material are usually said to be unconstitutional but have generally gone unenforced and unchallenged, giving lolicon material a murky legal status.
Google apparently did not concern itself with such subtleties and simply removed the site, leaving a standard “deleted results” disclaimer in its place.
The site itself has now been removed from the indexes of all Google servers, raising additional concerns over the global censorship of results based on US law alone.
With Google seemingly acknowledging it has a duty to delete millions of sites with “loli” material, irrespective of their legality wherever they might be published, it would appear it will either have to back down or begin systemically delisting huge swathes of the Japanese Internet (recall that even mainstream publications like Shonen Jump freely publish lewd depictions of underage characters), to say nothing of the wider Internet.
In fact, practically any illustrated depiction of sexual activity could be branded child pornography if this approach were taken to extremes – few could reasonably claim to be able to tell the difference between a 17-year-old cartoon and an 18-year-old one. Abusive and excessive use seems all but inevitable.
Others have pointed out that with the site in question already hosting material in violation of publisher copyright, artists and publishers are likely to be especially ambivalent about pressing the matter with Google lest they end up supporting piracy of their own works – clearly it would have been more desirable for such a test case to be unencumbered by copyright violation as well.
Google’s “do no evil” policy has largely been left in tatters since its abortive dalliance with the Chinese government, but with the introduction of an apparent system of anonymous child pornography denunciations with no legal basis it appears set to become even less credible.
Christ man, do you realize how much damage you’ve done just to prove a stupid point?
Everyone already knows Google is evil, if you’ve got a grudge with them leave the rest of the internet out of it.