Law in the Internet Society

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TabooTopics 8 - 08 Sep 2008 - Main.JoshS
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Virginia Man Gets 20 Years for Anime Child Porn -- http://www.animenewsnetwork.com/news/2006-03-11/virginia-man-gets-20-years-for-anime-child-porn
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 Additionally, isn’t the categorization of a photograph contextual? Is a photograph of a half naked boy with a cigarette in his mouth child pornography? What if it is later revealed to be taken in Afghanistan by a war photographer? What if it was taken from the war photographer’s website and reproduced on a pornographic website?
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[sorry, didn’t mean to ramble...]
 -- JoshS - 07 Sep 2008
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  • Don't apologize--edit. This is a wiki, not a blog, and you should always return to your writing and make edits to improve clarity and compression before adding new comments. Others will edit these pages later, condensing and removing comments, so you should be assiduous to clean up ahead of them.
 Assuming we agree that the actual harm is not the pornography itself but rather the actions viewing it might elicit, I think supporting a law like the Criminal Justice and Immigration Act on utilitarian grounds is an uphill battle. If these laws reduce the availability of violent pornography, then, those who use the pornography as a substitute for engaging in the abusive behavior might well be driven to acts of violence or child molestation.

Unlike blanket prosecutions for possessing child pornography, a prosecution for attempted acts of molestation based on possessing child porn rightly focuses attention on the accused as an individual rather than people who possess child pornography as a group. Child pornography and violent pornography likely has different effects on different people. Someone accused of attempted molestation can pursue a defense that the pornography was used for cathartic purposes. Making possession itself a crime eliminates this defense, consequently reducing the accuracy of the prediction about that individual's likelihood to molest in the future.

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 -- AndreiVoinigescu - 07 Sep 2008
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  • Our concern here won't be whether people who believe taboos think they are logically supported--of course they do. Just as the common sense of those who believe in the taboo against child pornography tells them it causes child molestation or other harm, those who believe in the taboo against eating raw seal blubber during the menstrual period know, as a matter of common sense unquestionable by anyone who knows the way the world works, that it offends the spirits, and thus causes seal to be harder to catch. In a culture where it is shameful to be overheard making the noises of defecation, it is just common sense that the toilets should play music. Our concern is with whether taboos that can be violated by a bitstream can be meaningfully enforced in a global network which directly links persons subject to the taboo with those who are outside its range.%ENDCOLOR
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  • Our concern here won't be whether people who believe taboos think they are logically supported--of course they do. Just as the common sense of those who believe in the taboo against child pornography tells them it causes child molestation or other harm, those who believe in the taboo against eating raw seal blubber during the menstrual period know, as a matter of common sense unquestionable by anyone who knows the way the world works, that it offends the spirits, and thus causes seal to be harder to catch. In a culture where it is shameful to be overheard making the noises of defecation, it is just common sense that the toilets should play music. Our concern is with whether taboos that can be violated by a bitstream can be meaningfully enforced in a global network which directly links persons subject to the taboo with those who are outside its range.
 
 
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Revision 8r8 - 08 Sep 2008 - 15:27:54 - JoshS
Revision 7r7 - 08 Sep 2008 - 03:21:55 - EbenMoglen
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