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Fighting Porn Vs. Ruining Innocent Lives

After news of the conviction of a substitute teacher for endangering minors — because porn popups, possibly initiated by adware, had appeared on her computer during class — comes the even sadder story of 16-year-old Matt Bandy. His family's life was turned upside-down when he was charged in Arizona with possession of child pornography, even though the family computer was riddled with spyware and Trojans. After the intervention of ABC's 20/20, Matt finally was allowed to plead to a lesser charge (namely, sharing a Playboy magazine with friends) and just barely escaped being labeled a sex offender for the rest of his life.

142 of 815 comments (clear)

  1. Save me from my internets by fatduck · · Score: 4, Informative
    The clueless parent:
    "It means that computers are not safe," said Jeannie Bandy. "I don't want to have one in my house. Under even under the strictest rules and the strictest security, your computer is vulnerable."
    The "internet expert" isn't much better:
    "If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," said Tammi Loehrs. "So the home user has no idea who's coming into their computer."
    Or you could secure your wireless router and stop installing Top 100 Mouse Pointers!!!!.jpg.exe.

    Oh here's my personal favorite quote from TFA:
    ...toss innocents into a living hell intended solely for sexual predators.

    Admittedly the prosecution's behavior in this case is excessive, especially the part about pleading to an obscenity charge for a Playboy magazine, but it doesn't have to be another excuse to spread FUD about the evil "here there be dragons" internets.
    --
    Making you think you're crazy is a billion dollar industry.
    1. Re:Save me from my internets by bckrispi · · Score: 4, Informative

      The 'bots' on his PC uploaded kiddie porn to a Yahoo Group. Yahoo notified the authorities with his IP address.

      --
      Xenon, where's my money? -Borno
    2. Re:Save me from my internets by Anonymous Coward · · Score: 2, Insightful

      what we can't be sure of, is was this kid looking at pictures at all

      Fixed that for you.

      I mean, the guy has an internet connection and gigs of pr0n, and he goes out and gets a Playboy? Nuff said.

    3. Re:Save me from my internets by The+PS3+Will+Fail · · Score: 5, Funny
      "And as an occasional viewer of adult content(not child porn) how in the world can I tell if the girl I am looking at is 19 (legal) or 17 (illegal)"
      Always stick to granny porn; you're flying safe there.
    4. Re:Save me from my internets by irc.goatse.cx+troll · · Score: 5, Insightful
      And as an occasional viewer of adult content(not child porn) how in the world can I tell if the girl I am looking at is 19 (legal) or 17 (illegal)


      More percisely, how can you tell if she's turning 18 tommower or turned 18 yesterday? One of those makes you a sex offender for life, the other is perfectly legal. Both are equally moral in the eyes of the majority, but try to get the laws changed in any way other than more harsh and people think you're some kind of kid rapist.

      And if you wanted a real answer, look for 18 USC 2257 compliance. It at least gives you some kind of plausible denial (not that that will get you far in court). http://en.wikipedia.org/wiki/Child_Protection_and_ Obscenity_Enforcement_Act if you want to read more about 18USC2257, but basically it requires overly strict data retention policies and puts porn stars at high risk.

      On a related note, if you google for "18 usc 2257" like I just did to find the wikipedia link, you find plenty of sites like met-art and all the other legal-but-looks-like-jailbait sites. Funny how those are legal, but a 17.999 year old who looks 25 is illegal because "pedophiles get enticed by it" or some such drivel.

      I should post this anonymously, but meh, more people need to speak out.
      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    5. Re:Save me from my internets by carl0ski · · Score: 3, Funny

      A car is metophocially almost 100% identical to a computer
      The car is also prone to attack
      Auto theft has varying levels of success


      Leaving the keys in the ignition (no password)
      Leaving the keys in the ignition and doors unlocked(no password, no firewall)
      Crappy ignition (bad password)
      Crappy ignition, doors unlocked (bad password, No Firewall)

      Anti-virus/adware (car alarm)
      Don't Forget the weakest point of a car is always its Windows

    6. Re:Save me from my internets by Anonymous Coward · · Score: 4, Funny
      I should post this anonymously, but meh, more people need to speak out.

      Tell me, "irc.goatse.cx troll", do you have a good reputation to protect?

    7. Re:Save me from my internets by AnyoneEB · · Score: 3, Funny
      I should post this anonymously, but meh, more people need to speak out.

      This just in: Slashdot user irc.goatse.cx troll (593289) cares about his public image.

      Seriously, you make good points, but with that comment when posting with that nick you were asking for it.

      --
      Centralization breaks the internet.
    8. Re:Save me from my internets by budgenator · · Score: 5, Interesting

      What really rots your socks is he could have had a picture of a girl 17 and older than him, flashing her tits, and not only would it be child porn, but they could easily try the 16 year old as an adult!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    9. Re:Save me from my internets by LoveGoblin · · Score: 3, Funny
      Always stick to granny porn; you're flying safe there.

      "Ah,' said Arthur, "this is obviously some strange usage of the word "safe" that I wasn't previously aware of.'

    10. Re:Save me from my internets by pyite · · Score: 2, Insightful

      There should be some sort of licensing requirements, like driver's licenses

      Yes, because drivers' licenses solve the problem of bad drivers. Please wake up and realize that in most of things we license (e.g. driving, vehicle registration, firearms, building permits), the licenses are only a tool for the government to collect money and serve no useful purpose.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    11. Re:Save me from my internets by anagama · · Score: 2
      paraphrasing: car dangerous, computer dangerous, suck it up.
      Yeah -- your car analogy sucks. This situation applied to cars: if without your permission or knowledge, someone takes your car, then rams an empty cop car with it, and finally runs away never to be seen again, you go to prison for the rest of your life. Sound remotely fair? That's essentially what nearly happened to this kid.

      And before all the "keys in the ignition blah blah blah", even if you left it unlocked and running, that still wouldn't make you a party to the "crashing into a cop car" crime. Anywhere. Not even in AZ.
      --
      What changed under Obama? Nothing Good
    12. Re:Save me from my internets by modecx · · Score: 2, Funny

      Always stick to granny porn; you're flying safe there.

      And who's to assume these internet grannies aren't indeed 15 year old girls with strange rapid-aging diseases??!?!?!

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    13. Re:Save me from my internets by Eivind · · Score: 2, Insightful
      It's even better in most of the world. You see, age of consent tends to be lower, on the average something like 16 in most parts of the world.

      So, if you meet a 16 year old and the two of you decide to fuck, it's all perfectly good fun. But if the same 16-year-old sends you a nudie-pic of herself you better delete it real quick: Posession of childporn is a criminal offence, and the definition is "under 18", despite the age of consent being 16.

      Hell, in principle you could get convicted for posession of child-porn for posessing a nudie pic of *yourself* at age 17, even if you *are* 17. There's no exception in the law for people of similar age, or for pictures of *yourself*.

      Dumb is just the first letter of it.

  2. Windows Cost Of Ownership by codepunk · · Score: 5, Funny

    Now let's figure ruining your life into into that total cost of ownership.

    --


    Got Code?
  3. Coming into your computer?? by NineNine · · Score: 4, Funny

    "If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," said Tammi Loehrs."So the home user has no idea who's coming into their computer."

    Call me crazy, but can't this last issue be fixed by locking your door? If you keep your doors locked, then it's really not too hard to figure out who's coming into your computer. Although, I've got to say that coming into one's computer gives new meaning to Intarweb porn. Maybe she should teach her son that there are safer places to come.

    1. Re:Coming into your computer?? by mrchaotica · · Score: 4, Insightful
      Call me crazy, but can't this last issue be fixed by locking your door?

      Of course! But Windows only comes with a screen door, and very few people realize they need a better door, let alone know how to install one. And even if they did manage to get a better door installed, they wouldn't be able to figure out how to operate the lock!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:Coming into your computer?? by anagama · · Score: 5, Insightful
      Call me crazy, but can't this last issue be fixed by locking your door?

      At the risk of the infamous lousy analogy, consider this:
      • You have a Masterlock brand deadbolt on your front door.
      • You head out for Las Vegas Friday night at 9:00 pm, lock your door.
      • Unbeknowst to you, at noon on Saturday a guy with a lockpick breaks in -- turns out your lock is easily cracked in 30 secs by anyone with a pick and 3 minutes to spend on google.
      • From the moment he breaks in up till 10:00 pm Sunday night, the guy sells crack to anyone who walks in the front door.
      • At 10:00 pm, he cleans up and clears out -- you'd never he had been there.
      • You arrive home on Monday at 7:00 am and lounge about resting before heading back to work the next day.
      • Tuesday afternoon, you come home from work and are arrested -- it seems some kid got pulled over for speeding and during the course of the traffic stop, the cops found the crack. Kid "cracks" in fear and fingers your address as the place where he bought the drugs.
      The question is, should you be convicted based merely on the fact that your house was used without your knowledge and permission to perform illegal activities? Sure you locked the door but any luser idiot would know that a Masterlock isn't true security. Why should it matter that you didn't actually sell crack -- it's plainly your fault for keeping such an insecure home.

      What we're talking about in the real case, is someone whose property was used to commit a crime and faced life in prison (9 consecutive 10 year sentences) merely because their property was used without their permission or knowledge. That's flat fricken wrong.
      --
      What changed under Obama? Nothing Good
    3. Re:Coming into your computer?? by Grishnakh · · Score: 2

      The question is, should you be convicted based merely on the fact that your house was used without your knowledge and permission to perform illegal activities? Sure you locked the door but any luser idiot would know that a Masterlock isn't true security. Why should it matter that you didn't actually sell crack -- it's plainly your fault for keeping such an insecure home.

      Here's my position:
      If Masterlock(tm) is a large and respected brand of door lock, but it can be shown that they knew that their locks were easily picked, and did little to fix them, I think that company should be criminally liable for the activities that resulted from their negligence.

      Similarly, if a software company can be shown to be grossly negligent about the security of their operating system software (because, for instance, their marketing department didn't want to remove "convenient" but dangerous features), that company should be criminally and civilly liable for all damages caused by their product.

    4. Re:Coming into your computer?? by werewolf1031 · · Score: 4, Insightful

      Here's the problem with your assertion: The product itself did not cause any harm. Rather, a third party -- not the product creator/vendor -- caused the harm through their direct action by exploiting weaknesses in the product.

      Now, I'm not defending the well-known security holes in Microsoft's operating systems. And I have no problem with the creator of a shoddy product being held liable for direct harm caused by their product. I do, however, have a problem with Entity A being held responsible for the actions of Entity B, under any circumstances, no matter who those respective entities may be -- individuals, corporations, whatever. Should Microsoft be held liable for the known security holes in their operating systems? Absolutely. Should they be held liable for how others with malicious intent exploit those holes? No.

      Addressing products that are less than 100% secure does not address the underlying problem: Human behavior. Obviously, if everyone were honest, there would be no need for physical locks, computer firewalls, and so on. However, because of the malicious actions of many people, we do need those security measures. And those measures can never, ever be perfect. No padlock, no steel door, no software firewall, no router -- anything that is designed to let "some" stuff through and block the rest -- can ever be 100% secure.

      If, as you state, "a software company can be shown to be grossly negligent about the security of their operating system software", then they should certainly be held liable for their own negligence, but not for the actions of others. Ever.

  4. Unproportional by linuxci · · Score: 4, Insightful

    Not very good that when the prosecutors couldn't convict him for the porn they still wanted to stick some conviction on him! What's the idea that someone handing copies of playboy to their friends be convicted of a crime? There's nothing illegal in that magazine. The US have some weird attitudes to tits and nudity (playboy ain't really porn).

    As for computers, things like this show why we need better education. Make sure people know to keep things updated. Tell them about Firefox, suggest that they get a Mac next time. They're not going to be 100% safe this way, but at least when you add it together with common sense safety measures then they're going to be significantly safer. Like it or not, the fact is all these people who get computers have been given the impression that it's so easy but they get the least secure system out of the box. People need educating about the dangers plus knowledge of the alternative choices.

    1. Re:Unproportional by Tablizer · · Score: 3, Insightful

      The US have some weird attitudes to tits and nudity (playboy ain't really porn).

      Because the religious right and grumpy grannies run our politics.

    2. Re:Unproportional by kaufmanmoore · · Score: 3, Insightful

      There's nothing illegal in the magazine, but you have to be 18 to have one. He got thecharge on the same type of laws that make it illegal for minors to possess cigarettes and alcohol.

    3. Re:Unproportional by foreverdisillusioned · · Score: 3, Informative

      I believe that the catch is, while it's technically not illegal for a minor to read Playboy, it's not legal to GIVE a minor a playboy ("corrupting a minor" or some such nonsense.) Even though the kid was a minor himself, it's still technically illegal for him to give the Playboy to another minor. Similarly, if two 16 year olds have sex, they can both be charged with statutory rape, though typically either they are only threatened with arrest, or only the boy is arrested.

      Note that I'm not DEFENDING this bullshit--just explaining it.

    4. Re:Unproportional by Kjella · · Score: 2, Interesting

      What's the idea that someone handing copies of playboy to their friends be convicted of a crime? There's nothing illegal in that magazine.

      Not to defend the US laws too much, but playboy is here in Europe too a pornographic magazine, I can't show it to your 8yo daughter without getting in trouble and you probably wouldn't want it any other way. Technically, a 16yo is legally responsible for his own actions and handing it to a minor is illegal, even if it's his buddy. It's just that in practise, it doesn't happen. On the other hand, it probably would happen if he was showing it to your 8yo daughter.

      What the US seems to lack is some sort of sense in applying laws - I think the most incredible case is where a girl got charged with molesting herself because she jacked off in front of a webcam. And no, it wasn't a kiddie porn production charge, it was a molestation charge. I'm certain that somewhere in the technicals of the law it says it's a strict liability - the circumstances does not matter for the guilty - but you still have to be seriously fucked up in the head to interpret that to mean you can molest yourself.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Unproportional by jeff4747 · · Score: 3, Informative
      Similarly, if two 16 year olds have sex, they can both be charged with statutory rape

      Just to be complete: in lots of states there's a provision in the statutory rape law that says if both parties are "old enough" (usually 16-ish), and close in age (usually 2 years), then it's not a crime. This appears to be the new and trendy way to modify the statutory rape laws.

      Disclaimer: I'm not a lawyer, yadda yadda yadda, check your local laws before trolling for jailbait.

    6. Re:Unproportional by Anonymous Coward · · Score: 3, Interesting

      Well, better education on computer security would be good, but i think the real lack of proportionality here is the very Puritanical view of sex and the out of control "Won't someone think of the children!!" style laws.

      I agree that child porn is bad and should be punished (especially if one actually means kids as opposed to 16 year olds), but i don't think that someone who is found with child porn on their machine, even if they actually downloaded it, needs be labeled a "Sexual Predator" the same way a serial rapist (or any rapist) would be. To me it is clearly a much less serious crime. By our current standard, for example, the whole country of Japan should properly be labeled as predators what with the whole school girl uniform thing they have going on there.

      Come on... 10 years for a picture of an underage girl "in a suggestive pose"? For just having it (as opposed to taking it)? That, to me, seems WAY too much. Yes, i understand that even though the copy of the picture doesn't actually hurt the kid in general it creates some sort of "demand" that makes it more likely that more kids will be molested in the future, but i still think a fine would be a more reasonable penalty.

      just my $0.02.

      posting as AC, because even SAYING probably sets off alarms at Predator Police headquarters or something.

    7. Re:Unproportional by b0s0z0ku · · Score: 2, Interesting
      yeah, all three of those already exist.

      Nope, quite a few states require trials before a judge only for misdemenors and traffic offenses. I think the law should be like in Texas, that you have the right to a jury trial for any offense. None of that bullshit about "civil offenses" being charged by the state or "minor misdemenors." If it's important enough to be summonsed, it's important enough for a jury. This would discourage revenue-raising cops and prosecutors who just want to make a name for themselves.

      Plea bargaining is alive and well. The conventional view of people who want to abolish it is that it allows hardened criminals to get away with lesser charges. My view is the contrary, sort of - the existence of that game requires prosecutors to press the harshest charges possible and then attempt to talk them down instead of trying them. If trials or a guilty plea to the charges themselves were required, then prosecutors wouldn't press unreasonably harsh charges because the chances of going to trial would increase and juries might be unwilling to convict.

      Quite a few states have abolished grand juries as gatekeepers to felony trials in the name of "expediency." A shame, really, since grand juries serve as a check on prosecutors' power to some extent.

      -b.

    8. Re:Unproportional by Triv · · Score: 2, Insightful

      Bad analogy - It's not illegal for a minor to have cigarettes; it's not even illegal for a minor to buy cigarettes. It's illegal for cigarettes to be sold to a minor - the crime lies with the store, not the kid. I'm fairly sure the same applies to pornography, but I could be wrong.

  5. your country is fucked by Anonymous Coward · · Score: 5, Insightful

    lesser charge (namely, sharing a Playboy magazine with friends)

    Wow. You USAians really live in a fucked up country if you can be charged with showing your mates a playboy.

    1. Re:your country is fucked by Moekandu · · Score: 2, Funny

      Tell me about it.

      Although, I'm starting to think that our District Attorneys here in AZ need a gift subscription to Playboy...

      Man, lemme tell you, it's tempting!

      --
      Mediocrity knows nothing higher than itself; but talent instantly recognizes genius. -- Sir Arthur Conan Doyle
    2. Re:your country is fucked by Anonymous Coward · · Score: 2, Informative
      USAians is definitely appropriate cause us other "Americans" (those of us in Latin America) or even those in Canada don't want to be included when speaking about your fucked up country.

      Oh, and tell me, which Latin American country do you come from that has the word "America" in it's name that would cause confusion? The name of this country is "The United States of America" and it's citizens are Americans, much as someone from the "United Mexican States" is referred to as being Mexican, not a UMSian. There is nobody who actually lives on this planet that is going to hear someone called an American, and think "Wow, he must be from Brazil". The real issue is that you're a pointless troll, and you have an inferiority complex regarding your national identity. As far as the Canadians go, if their nation's name was "The Canadian Dominion of America", maybe you'd have a point, but it isn't, so you don't.

    3. Re:your country is fucked by BgJonson79 · · Score: 2, Insightful

      Unlike Europe, where you can go to prison for debating how many Jews were killed in WWII. Say the real number, you're A-OK. Say a lesser number, and you're thrown in the dock. Pot, kettle, kettle, pot.

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    4. Re:your country is fucked by Aptgetupdate · · Score: 2, Insightful

      He didn't get labeled a sex offender for showing a Playboy. It isn't a "sex crime." A child showing porn (no matter how lame) to other children is illegal, to the extent that children smoking cigarettes is illegal in many countries. It's the "lesser charge" to which he made a plea down.

      Australia has some pretty ridiculous laws against porn -- which is why so many Australian porn sites moved *to* USAmerica to beat the censorship laws imposed ~2000.

      All the white world has its share of backwood, podunk conservatives, and I'm always amazed people from Oz can knock the US with a straight face. Knock American politics all you want (I do) but since when is Australia the beacon of liberal, progressive thought and intellectualism? Your Prime Minister has been Bush's faithful cheerleader through every, mucky step of the Iraq war, and can't seem to get enough of Moral Values invading policy.

    5. Re:your country is fucked by rm999 · · Score: 2, Insightful

      In Germany you can be convicted for sharing the shareware version of wolfenstein 3d with your friends. In the USA we think that is stupid.

    6. Re:your country is fucked by starX · · Score: 2, Interesting

      No, no, no, you're missing the point entirely. He's not really being charged with passing the Playboy; although it is widely known that Playboy is a subversive magazine that has published such smut as Farenheit 451, the Playboy is just a symptom, and since the only thing we see are symptoms, that's what we punish. The crime that we're actually trying to get at is sex in general. The people who make these laws know what horrible, fucked up perverts they really are, and in trying to protect us from horrible, fucked up perverts operating at all levels of our society. The problem was that this boy was going through puberty, we can only punish him for the Playboy for now.

    7. Re:your country is fucked by Snarfangel · · Score: 2, Insightful

      Why exactly do you have a problem with that? I'm in favor of freedom of expression, but why should that extend to outright lies about objective facts? I half-wish more places would be willing to do this, about more subjects.

      Who determines what is a lie, the government? What if the Administration said "Global warming is a myth, and anyone caught repeating it will be punished?" Or conversely, what about in Muslim countries, where they say "Mohammed is the true prophet of Allah, and anyone who is a prophet-denier will be punished"?

      This isn't to say that there are no forms of prohibited speech -- I can't just say "My neighbor eats babies for breakfast" and not expect to be sued for defamation. However, in this case there is an actual person being harmed. Likewise, if I claimed my elderly Jewish neighbor was never in a concentration camp, but tattooed his own arm to gain sympathy, I might be defending myself against a slander charge. However, I can't imagine a class action suit against me if I started claiming a particular number of Jews died, since it would be very difficult to prove my words damaged anyone.

      Finally, it's a cliche, but the solution to free speech is more free speech. Prohibiting something -- whether it is denying the holocaust or burning a flag -- merely tempts certain people into doing it anyway. Better to consistently, continually, and logically argue against such behavior, rather than legally prevent it, since prohibition damages society even more.

      --
      This tagline is copyrighted material. Please send $10 for an affordable replacement.
    8. Re:your country is fucked by unitron · · Score: 2, Insightful

      The name of this country is "The United States of America" and it's citizens are Americans...

      No, we are citizens of The United States of America. There is no country whose name is America. Referring to us as Americans or to our nation as America are commonly accepted colloquialisms, but not strictly accurate.

      Frankly, I'm not too thrilled that "The United States of America" is used as a singular construction, rather than plural, these days, either.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  6. No common sense by sinistre · · Score: 3, Insightful

    Seems common sense is abscent.

  7. Is a Mac expensive compared to this? by hattig · · Score: 2, Insightful

    If you are an average non-techy person, especially one prone to getting spyware and so on, you simply cannot afford to use Windows. Hell, if it's still too much money, and 2 years of your life, the rumours, the 'no smoke without fire' retardo simpleminded shit, the stress and the upset is still too much to bear then at least do yourself a favour and install Firefox ... if you are going to visit the type of website that gets you overloaded with this type of spyware then you need to give yourself some sort of protection!

    Conversely, if you are a fan of kiddy fiddling pictures, you surely must use a Windows machine without any anti-spyware applications. And IE6.

    1. Re:Is a Mac expensive compared to this? by Chanc_Gorkon · · Score: 3, Informative

      That would be correct, however root exploits are a little harder to achieve on a Mac. Harder, not impossible. The Mac, BY DEFAULT has you type your password every time you want to install software. The Mac, BY DEFAULT has the root login disabled. The Mac, by default has a better infrastructure then Windows....period...and I am not a fan boy. I'll put up Linux, the Mac or any UNIX based system against the swiss cheese that is Windows XP any day. Yes, even Mac OS X and Linux are vulnerable, but the time to patch at least on Linux is very fast compared to Windows XP and the architecture is different and more secure....BY DEFAULT. They are all what Windows should have been.

      --

      Gorkman

  8. In this case it was an overzelous Prosecutor by Bananatree3 · · Score: 5, Interesting

    It appears, as in most cases like this, the prosecutor was trying to make an example of this boy. The judge actually suggested that the boy's family appeal the decision, as the judge could not believe why the prosecutor wanted to keep the "Sex offender" charge even though he had dropped the child pornography offense. This boy finally cleared his name, but not without horrendous legal wrangling. Sad, very sad.

    1. Re:In this case it was an overzelous Prosecutor by Sloppy · · Score: 2, Insightful
      It appears, as in most cases like this, the prosecutor was trying to make an example of this boy.

      And instead, he made an example of Arizona. Applying unjust law, if there's enough press, sheds light on injustice.

      Suppose you were hiring someone to take care of your kid. You found a candidate for the job, but you learned they were a convicted sex offender against minors. "Oohh, I guess that rules out this per-- oh wait, they were convicted in Arizona, where "child molester" doesn't actually mean anything. Ok, you're hired."

      Arizona just undermined itself. Be ridiculous with labels, and you end up only labeling yourself.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:In this case it was an overzelous Prosecutor by Qzukk · · Score: 5, Insightful

      "Oohh, I guess that rules out this per-- oh wait, they were convicted in Arizona, where "child molester" doesn't actually mean anything. Ok, you're hired."

      Until TV news anchors show up at your door demanding to know why you're hiring a convicted sex offender, and both of you get fired because protesters are making your company lose money over your decision. Watch TV some day, fucking up everyone's lives is quality prime time material!

      Arizona just undermined itself. Be ridiculous with labels, and you end up only labeling yourself.

      Pfft. The label has been ridiculous from the start. Public indecency in many states is a sex offense, and you're added to the registry on the second time, whether a minor sees you or not. Alabama will register you for "obscene bumper stickers" (what about those popular truck mudflaps sporting a woman's silhouette, are they "obscene"? Miller test time! Who wants to ruin their life to see whether shitty beer is shitty or not?) Googlized version of pdfd version of an excel spreadsheet (yay!) listing registrable offenses by state.

      Add to that the fact that as far as "being a sex offender" goes, raping 3 year olds is apparently just as heinous as having sex with your 17 year old girlfriend, or taking home a 24 year old who didn't seem drunk until she woke up and had no clue where she was or who you were, and the whole thing turns out to be a horrid mess, but somebody has to think of the children! No matter how ridiculous it gets, no politician will touch it, because anyone who does would be opening the floodgates for monsters to rape your little girls.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  9. The American legal system by iminplaya · · Score: 2, Informative

    has become nothing more than part of the Prison-industrial complex. The concept of justice is no longer in the picture and just gets in the way of the profits.

    --
    What?
  10. The forensics are tough by spywhere · · Score: 5, Interesting

    WHen a Windows machine gets really infested with spyware, it's tough to sort out the chickens from the eggs.
    Did a user to to a porn site that downloaded spyware that brought down kiddie porn, or did somebody intentionally go to a kiddie porn site?

    I've never found pictures of kids on a customer's PC (thank God), but I have done some investigations on "porned" and infested PCs: it's hard enough for an IT pro to figure out which came first. When the cops are doing the investigating, I expect they'll come to whatever conclusion makes the suspect look guilty.

  11. Re:they still dont see it by Tablizer · · Score: 2, Funny

    popups, spyware, viruses, trojans & worms are all part of the microsoft windows experience...

    Jail Gates! Jail Gates! Jail Gates!

  12. With proper forensic procedures and analysis... by Crudely_Indecent · · Score: 4, Insightful

    this wouldn't be an issue. There are ways to determine (using system logs, install logs, and the vast information available in the system registry) when content arrived and by what method. When it was determined that the system was being remote-controlled, the boy was spared a lifetime of embarrassment.

    It' sad to think that the prosecutor was more interested in the conviction than the truth.

    As a forensic computer examiner, I'm not always given the opportunity to come to the correct conclusions based on evidence because that's not what I'm asked to do (and if I go beyond what I was asked to do, the client just won't pay for the extra work.) The legal system in this country rewards those who win, who are not always those who tell the truth.

    --


    "Lame" - Galaxar
  13. Funny.. by moehoward · · Score: 5, Insightful


    Funny, but noboby gets labeled a "murderer" for life. Murderers are released from prison every day. In fact, hundreds of them. They serve their sentence and move on. No reporting themselves to their neighbors. No exclusion zones. No "registered murderer" lists.

    I'd actually rather live next door to sex offenders rather than next to convicted drunk drivers. Why am I not notified when a convicted drunk driver moves in next door? Probably a lot more dangerous to me and my kids. Right?

    The really weird thing is that neither side of the political spectrum dare oppose the whole "sex offender" legal agenda thing. Its a bit like global warming. Groupthink.

    "Think of the children!!" Wait, I didn't mean it THAT way.

    --
    "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    1. Re:Funny.. by fatduck · · Score: 2, Funny

      That's because sex offenders are unholy merchants of sin, corrupting our children with the devil's ways. Next you'll want notification when a priest moves into your neighborhood.

      --
      Making you think you're crazy is a billion dollar industry.
    2. Re:Funny.. by Guuge · · Score: 3, Insightful
      The really weird thing is that neither side of the political spectrum dare oppose the whole "sex offender" legal agenda thing. Its a bit like global warming. Groupthink.

      You got it backward. Global warming is contested by politicians, but accepted by the brains in the field. Sex offender registries are contested by the brains but generally accepted by politicians.

      Furthermore, you don't seem to know what 'groupthink' means. I don't mean to pick on you personally, but it had to be said.

    3. Re:Funny.. by foreverdisillusioned · · Score: 5, Insightful

      There's a difference between something showing up on your background check (which usually costs money and--unless you have a very unique name--requires that your social security number be known) and someone preemptively notifying your neighbors. More than once a "sex offender"'s house has been burned down...

      The problem is, sexual assault is not the worst thing in the world. A serial child killer who tortured every single child (in non-sexual ways) before killing them would, upon release, not be stuck with such a label and preemptive notification. A college student who got drunk and had sex in the bushes at a local park (after hours, when there weren't any kids around) WOULD be stuck with the "sex offender" label and preemptive notification (at least in some jurisdictions. There is a difference between "sex offender" and "sexual predator", but regardless, both are still subject to additional restrictions not faced by "conventional" criminals.) T

      This might seem like an especially radical thing to say, but being raped is NOT the end of the world. It is completely possible to recover from being raped or molested and go on to live a happy life. However being murdered IS, by defintion, the end of (your) world.

    4. Re:Funny.. by bckrispi · · Score: 5, Interesting
      Funny, but noboby gets labeled a "murderer" for life. Murderers are released from prison every day. In fact, hundreds of them. They serve their sentence and move on. No reporting themselves to their neighbors. No exclusion zones. No "registered murderer" lists.
      In Arizona, if you're convicted of a Child Porn crime, you're lucky if you even *get* released to be put on a Sex Offender's list. If the pictures in question are of a minor under 15, that means that every picture found will draw a ten year sentence - minimum to be served consecutively. If you posess ten pictures, you're going away for life - case closed. Several years ago, a school teacher went to trial for posession of 20 CP images. There was no evidence that he did anything beyond this. He didn't share, he didn't molest, he didn't produce, he just posessed. He is now into the fourth year of a two-hundred year sentence.

      Maricopa county prosecutors (especially Reichsmarshall Andrew Thomas) use this fact to extort harsh plea bargains (with this, among other crimes). So if you want to protest your innocence, you have one of two choices: Risk a trial where a loss means you never see the light of day again, or cop a bargain, regardless of your guilt, which will usually still keep you in prison for 10-25.

      --
      Xenon, where's my money? -Borno
    5. Re:Funny.. by Dhalka226 · · Score: 5, Insightful

      The really weird thing is that neither side of the political spectrum dare oppose the whole "sex offender" legal agenda thing. Its a bit like global warming. Groupthink.

      I don't think it's really a matter of group think. Some of it is, of course, and some more of it is the fact that you can score cheap political points by saying "let's torture all sex offenders to death, huzzah!"

      The problem is you, and me. It's the public. If a politican said something like, "I think we should re-think our sex offender laws," can you imagine what would happen? Pundits, talk show hosts and everybody in the opposing party would instantly paint them in a way that basically amounts to "they have nothing against somebody raping your child." It doesn't matter that that is not what he said. It doesn't matter that he might have been talking about cases like two 16 year olds who videotaped themselves having sex being brought up on child pornography charges or something similarly absurd, rather than legitimate sexual predators. Once he's hung with that label, he's in deep trouble.

      "Senator Jones doesn't care about your children. He proposed a re-examination of the laws that put child sex offenders behind bars and require you to be notified if one moves in next door. Vote for Bob. He knows exactly where he stands on sexual predators. (Paid for by Parents Who Love And Protect Their Children.)"

      And it would work. Partially because people get hysterical whenever they hear the words "sex offender." Partially because people are so horribly uninformed that if they saw an ad like that, they wouldn't bother to see what the other side of the story was--they'd just figure their Senator needed a new job. Partially because it's good television to skewer the Senator by bringing his most rabid opponents in with his official spokesperson to give "fair and balanced" coverage--conflict sells, and always has.

      There are lot of places where blame can be placed, but it ultimately has to be placed right at the feet of the voters. Voters who don't vote at all. Voters who don't care to see two sides of the issues. All of the things I mentioned are horrible, and they come from different sources--tv networks, politicians, political action groups, etc--but the bottom line is if it didn't work, it wouldn't be done.

      We, as a collective voting body, don't allow free thought. More importantly, we don't allow complex opinions. Your opinion may not be any more complex than you can fully explain in a 10 second sound bite. This is, very unfortunately, the attention span of the average American voter as it relates to the people who will be representing them in government.

      As sad as it is for me to say so, when so many people act like that, we deserve the politicians we get. We deserve the stupid laws we get.

    6. Re:Funny.. by faolan_devyn_aodfin · · Score: 4, Insightful

      Odd that this is coming from the same nation which in it's constitution defines excessive jail time as "cruel and unusual."

      --
      Pagan? Geek? Check out #paganism on Freenode IRC
    7. Re:Funny.. by Anonymous Coward · · Score: 2, Interesting

      That is sadly, but completely true, and just goes to show the difference between law and fairness.

      I have several friends who are convicted "sex offenders", with their pictures on our state's Web page and everything. None of them are or were rapists, molesters, or pedophiles. One, who was only 18, spent a year in jail and is on probation for the next 5, for having nudie pics that he downloaded of someone who it turned out was 16. Apparently, that's "kiddie porn". Another one was 16, sent his 15 year old girl friend a nude picture of himself (that she asked for), her parents found it, had him arrested, and now he's a sex offender. The last one was 16, had sex with his girlfriend (who was 6 months younger than him), and not only got charged with "statutory rape", but is now a convicted child molester.

      Is this fair, or rational? No. But it's legal.

  14. I've seen similar ~3 years ago by gerf · · Score: 5, Interesting

    At my old University, they required everyone to buy a computer through them. So, every numb-nuts had a computer hooked up to the network. There was no default AV or firewall installed, or even Auto-updates, as this was early WinXP days (and Win2k and 98 the years before that).

    Well, he of course got infected with ungodly amounts of crap. I ran Adaware on it once, and it came up with 500-600 pieces of garbage, with approximately 50 - 60 of those being actual installed software. As the school had on-campus service, I just told him to bring it to them, and they'd reinstall all the school software for him.

    So, he brought it in, and they found "child pornography" on it. Now, this was absolute news to him, and everyone else. As this was at my old Fraternity house (owned by the school, network owned by the school, was run similarly to other school-owned residencies), they threatened everyone at the house, and God knows what else. Eventually they looked around the house, and to their surprise, did not find a projector and child porn laying around. Apparantly this is what they thought they were housing a child porn theater of some sort. Amazingly, they dropped the case right there, and were very nice about it all, considering what was involved.

    As for the original poster, was it this student's fault anyway? He was forced to use this computer, was given inadequate software with no training, and was only using the services given to him. I realize he got away cleanly, with no lawyers involved, but can we really expect this to not be a problem? Many in law enforcement do not understand what's involved in these cases, nor do many in the field of law (though this is getting better as the younger generations are entering these fields.)

    1. Re:I've seen similar ~3 years ago by 49152 · · Score: 4, Insightful

      Your friend was extremly lucky

    2. Re:I've seen similar ~3 years ago by Skater · · Score: 3, Insightful

      There's one point about these arguments I don't understand...

      Why are the child porn types writing software that magically puts child porn on random people's computers? I'm really not clear about what they're accomplishing there, other than potentially hurting their business by bringing child pornography into the spotlight.

      I can see porn sites writing malware that provides porn popups (advertisements for their sites), but those (to me) aren't "images" as much as "software". I'm sure they aren't downloading a free gig of porn to the victim's computer - they wouldn't be making money that way!

      The way some of these stories and comments are written, it sounds like someone examining the computer found dozens of pictures of kiddie porn on there, and the explanation is "the virus did it!"...but I don't see the motive in writing a virus to do that...a popup or two, yes, but not dozens of images.

      What am I missing here? Are people just finding malware that's popping up ads, but phrasing it poorly?

    3. Re:I've seen similar ~3 years ago by krakelohm · · Score: 5, Insightful

      I am thinking that they are setup as IRC fserves, black ftp sites and such.

      --
      You are all a bunch of idots.
    4. Re:I've seen similar ~3 years ago by ralphdaugherty · · Score: 4, Interesting

      There's one point about these arguments I don't understand...

      Why are the child porn types writing software that magically puts child porn on random people's computers?


            It all becomes clear once you restate the question. How can we take a sucker for everything he's got?

            The overlap of child porn types with those who write malicious internet software must be small indeed. So first of all, we're not talking child porn types. It's clear from news on busts that they do have clubs, and they do trade pictures, and some busts have been big, but we're talking Yahoo reject groups here, nothing more sophisticated than emailing or FTP'ing zip files to each other (where you have to contribute pictures to join the group).

            We are talking instead people running malicious software, and it's the usual culprits. The same ones running bot nets to steal everything you have and own you if they can. Since child porn is pretty close to the most universally banned thing on earth, you can't store it on a server and lure people to it. So that's why it would be stored on innocent people's PC's that are owned.

            And I suspect that once they get a credit card number from someone to buy child porn, that guy can pretty much kiss it good bye. What's he gonna do, report his child porn dealer to the police for maxing out his card?

            So just a different angle on the usual from our friends on the internet who spend night and day posting about all the "free" stuff they have for you.

        rd

    5. Re:I've seen similar ~3 years ago by Animedude · · Score: 5, Insightful

      If you were dealing with illegal pictures, would you store them on your own computer? The video linked to in the article mentions child pornographers storing their data on other computers than their own, so maybe they use some kind of p2p network where "zombie" machines store the pictures/videos. That way, if police find out where the pictures come from, the child pornographers would not be at risk themselves.

    6. Re:I've seen similar ~3 years ago by AlbionTourgee · · Score: 2, Interesting

      Another horrifying case is that of Julian Green, who was wrongly accused after a trojan left child porn pictures on his computer -- he did get off due to some good forensic work, but only after spending 9 months in jail. Green a single father, almost lost custody of his daughter. The police just didn't entertain the idea that his computer had been hijacked as a child porn transfer point, but it can happen. A good reason for using a strong anti-spyware program...

    7. Re:I've seen similar ~3 years ago by turtlexit · · Score: 4, Interesting

      I visited and read the entire story as posted on the justice4matt.com site, and a couple of questions emerged in my mind. Please note that I'm not saying that this kid was guility, or even supporting the continuance of this case by Maricopa County.

      He confirmed that, in fact, there were child pornography images, one of which had been uploaded to Yahoo by someone with the username "mrbob1980hoopdu." This was not the name Matt used, which was joebean1988hoopdu (hoopdu was the name of an online game Matt and his friends liked to play). But there was still, mysteriously, evidence that "mrbob1980hoopdu" had sent the image from The Bandy's IP address. Additionally, it seemed that the illegal activity had coincided, roughly, with the times Matt had been active on Yahoo as joebean1988hoopdu. And, one or more images were also found on a CD-ROM.

      Obviously the investigators noticed the similarity between these two usernames. How is this explained; are we to assume that the 'hacker' retrieved Matt's own Yahoo screen name, and registered one extremely similar to throw off investigators? This just seems odd to me.

      Secondly, while it's obviously possible for a hacker accessing your computer remotely to do anything they'd like to with your system, WHY would this particular pedophile hacker decide to burn several child porn images to a CD-R or CD-RW that just so happened to be in the drive? As the justice4matt.com site argues, this is perfectly possible - and yet doesn't make any sense in my mind.

    8. Re:I've seen similar ~3 years ago by boarsai · · Score: 2, Interesting

      It makes me wonder... if you know you visit a site and it pops up some ungodly advert like some filesharing and torrent sites do these days that image makes its way into your cache. Supposing you were to hand you box into someone who then "uncovers" this travesty of an image... would they use such a cached image to convict you? o_0

    9. Re:I've seen similar ~3 years ago by A_Lost_Frenchman · · Score: 2, Insightful

      Why are the child porn types writing software that magically puts child porn on random people's computers? I'm really not clear about what they're accomplishing there, other than potentially hurting their business by bringing child pornography into the spotlight.

      Knowing a thing or two about networks, I would say that protecting yourself could be a strong incentive to install child porn on someone else's computer.

      Imagine you were somehow distributing child porn. Would you give your ip or the adresse of your website to your "customers" ?

      I don't think so. You would probably try not to have any child porn on your pc, given the rotten and dangerous nature of what you are doing. You would probably try to do something like installing the stuff on some oblivious guy's pc and give HIS adress to download the files.

      In my opinion the investigators (if any) fell for it and didn't realize that if the guy had child porn on his pc, that's not because he is a pervert, be because the real pervert is skilled with computers and uses zombies to hide his trail.

      It's a long shot but I think it's at least a possibility.

    10. Re:I've seen similar ~3 years ago by 49152 · · Score: 5, Interesting

      I have also read the story.

      It is also perfectly possible that the images the teenage boy had on his computer was of someone approximately the same age or even older than himself. Child pornography is defined as sexualized pictures of anyone below the age of 18. In fact it would be illegal if this child distributed nude pictures of himself, something that should give you a hint about the rationality of charging minors with child pornography offenses at all.

      Even if the pictures was of children much younger than him, the whole idea of trying to convict him to 90 years in prison is just ludicrous. Any competent psychiatrist can tell you it is perfectly normal for children to be curious about all aspects of human sexuality, even those that falls outside the accepted norm. He *might* need some counseling, but certainly not prison.

      In the USA children are children until they commit a crime, then they have proven them self to be adult and will be treated as such.

      "Would someone please think of the children", yeah right /sarcasm

    11. Re:I've seen similar ~3 years ago by spungebob · · Score: 3, Insightful

      Sure it's possible to burn a CD with those images, and not just because some mysterious pedophile hacker is doing it remotely or via malicious code.

      Ever burn an mp3 disc by simply dropping and dragging folders? Did you check each and every folder to make sure that there were only your expected mp3's stored there?

      Ever burned a backup disc? Again, did you copy that 600+ MB's of data over one file at a time or did you just drag bunches of folders over?

      If the kid's hard drive was compromised and there were images on there that he didn't know about, it's reasonable to suggest that some of those images may have unknowingly been burned to disc. One would have to know a lot more of the specific circumstances surrounding that disc before passing judgement.

      Now if someone had written "Kiddie Pr0n" on the CD using a Sharpie, then circumstance might be a bit more obvious...

      --
      It takes an idiot to do cool things - that's why it's cool!
    12. Re:I've seen similar ~3 years ago by nightfire-unique · · Score: 4, Insightful

      You're looking too far into this. The goal and effect of irrational sexual legislation is to promote hysteria, and instill a sense of guilt into young people. The religious nuts can't burn us anymore (legally), so they use the legal system to promote their sick, twisted views of humanity. It is the same reason they abhor sexual education in schools - they would rather teenagers die of STDs than fuck outside of marriage.

      I wish I was joking.
      --
      A government is a body of people notably ungoverned - AC
    13. Re:I've seen similar ~3 years ago by Sique · · Score: 5, Insightful

      That's something I really don't get. It contradicts itself.

      Q: Why do we protect children from sexual predators?
      A: Because children are deemed unable to make a conscious and consenting sexual decision.

      Q: If anything sexual a child decides to do or not to do is unconscious or nonconsenting, how can it ever commit a sexual crime?
      A: Because we say if it does it anyway, it must be a criminal.

      (We have currently a case in Germany where an at the time probably 11 year old girl took sexual photographs of itself and sent them to someone per email. In the U.S. probably the girl now would face charges for producing and distributing child porn).

      --
      .sig: Sique *sigh*
    14. Re:I've seen similar ~3 years ago by Fred_A · · Score: 2, Informative
      I'm puzzled about something here. According to this there were two users logged into Yahoo! on the same computer at the same tyme. Yet neither I nor anyone else I know has been able to do this,
      Run two different browsers (Firefox and Opera for example) and you're done. It's not a very mighty hack.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    15. Re:I've seen similar ~3 years ago by The+One+and+Only · · Score: 2, Interesting
      Child pornography is defined as sexualized pictures of anyone below the age of 18.

      Even more stupidly, the age of consent in some states is 16. So if I have a 16 year old girlfriend (I don't), I can see her naked body, I can have sex with her, but as soon as I take and keep pictures, I'm a sex offender? If I take pictures and give them to her, I'm not only a child pornographer, but I am distributing pornography to a minor. I'm a felon! That does not make sense.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    16. Re:I've seen similar ~3 years ago by name*censored* · · Score: 3, Funny
      Just install a few trojans, XP, IE, OE and a bunch of trojans
      oops, ignore that there's two sets of trojan-installing going on.
      --
      Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
  15. Re:vengeance versus justice by sporkme · · Score: 5, Insightful

    This is not isolated to porn (duh). When a prosecutor has it out for you, there isn't much that can be done. Often there is a willingness to make an example for others, or to appear tough on a specific kind of crime for political benefit.

    Chris Soghoian knows what I mean. It has nothing to do with evidence - all that matters is the nature of the charges. The Duke lacrosse team knows too.

  16. I might be missing something by A+beautiful+mind · · Score: 4, Insightful

    But is it plausible to convict a 16y old for child pornography?

    Next they'll be prosecuting young mothers breastfeeding their kids on sexual molestation charges...

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
    1. Re:I might be missing something by Chrax · · Score: 2, Interesting

      I would say it should depend on the sort of pictures. Are the pictures likely within a year or two of himself? If so, then he's displaying fairly normal sexual attractions, and there seems little reason to consider him a threat to children. If the images are clearly of prepubescents, or if he's still looking at ~14-16 year olds when he's 21, then he displays deviant sexual attractions.

      Whether it's convictable, I don't know. Under current laws, I would have to say if the pictures are of prepubescents (a 16 year old is a man, if not in the sight of the law), he's convictable.

      However, I would note there's a big difference between leeching some images and actually abusing children or paying money for images of minors, providing a demand for the continued abuse of children. As disgusting as we may find it, nobody is harmed if someone gets off on underage pictures. There are arguments about likelihood to commit a crime (I am here excluding "victimless" crimes, which I believe includes leeching child pornography), but we convict people for criminal acts, not likelihood to commit criminal acts.

    2. Re:I might be missing something by Cadallin · · Score: 4, Informative

      Yes, Absolutely! In fact, according to one study cited on Wikipedia, the age group most charged for Child Pornography offenses is young males aged 15-20. Note that the law makes absolutely no distinction between pictures depicting an 8 year old, and pictures depicting a 16 year old. Both are "Child" Porn, both get you convictions resulting in registered sex offender list for life. Which, yes indeed, means that two 16 year olds (who may very well be consenting depending on jurisdiction) can have sex with each other, and thats fine, but if they videotape it, or take pictures, they can end up with felony Child pornography convictions.

    3. Re:I might be missing something by Mr2001 · · Score: 4, Interesting

      No... in most states (that is, more than half), the age of consent is 16 or lower, so neither one is guilty. Many of the remaining states have exceptions to cover the case of two minors, or a minor and an adult who are both very close to the limit.

      You are correct about a few states, though - particularly California, where the AOC is 18, and two 17 year olds who have sex with each other are both "sex offenders". Kinda puts this whole outrage over sex offenders into perspective, doesn't it? Everyone wants the real child molestors to go to jail, but the language they use ends up also covering kids who really haven't done anything wrong, other than being born in the wrong state.

      --
      Visual IRC: Fast. Powerful. Free.
    4. Re:I might be missing something by Rob+the+Bold · · Score: 5, Insightful
      Nope. Under most states' laws, both 16 year olds are guilty of statutory rape.

      Using the logic of these laws, we should charge any child who has seen him/herself naked with possesion of kiddie porn.

      --
      I am not a crackpot.
    5. Re:I might be missing something by rahvin112 · · Score: 2, Informative

      There are a number of teenage girls on sex offender lists for taking pictures of themselves!

    6. Re:I might be missing something by ralphdaugherty · · Score: 2, Interesting

      There are arguments about likelihood to commit a crime (I am here excluding "victimless" crimes, which I believe includes leeching child pornography), but we convict people for criminal acts, not likelihood to commit criminal acts.

            The crime in that is inducing a minor to be photographed indecently exposed. Like statuatory rape, they are not legally capable of doing so voluntarily.

            So one could say, oh, well, the one who took the pixtures is a criminal but everyone who bought them (or traded, etc.) didn't induce it. But of course the fact they are a market does induce it.

            And it could be like a gang standing around a murder victim. Someone pulled the trigger, but who? You just convict them all is the only way to deal with it.

        rd

    7. Re:I might be missing something by R2.0 · · Score: 2, Informative

      Close - she called the wrong hotline - child abuse hotline instead of LaLeche League.

      The real outrage was that the final abuse ruling was predicated on the trauma she put her kid through while *trying to get her back* through the court system. The court ruled that, by fighting for custody (it had been years, I think), she was abusing the kid by dragging her into court, and therefor wasn't a fit mother.

      Paging Judge Yossarian...

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    8. Re:I might be missing something by nightfire-unique · · Score: 4, Insightful

      Note that the law makes absolutely no distinction between pictures depicting an 8 year old, and pictures depicting a 16 year old.

      There's a reason for that: it is not relevant.

      The purpose of sexual hysteria laws is to cause hysteria - by causing hysteria, you turn otherwise healthy, normal people against each other. People who fight each other are easier to control, manipulate, and tax. Injecting "sense" or "reason" into such laws is counterproductive for the most vocal mouthpieces who support them (in their current state).
      --
      A government is a body of people notably ungoverned - AC
    9. Re:I might be missing something by bovinewasteproduct · · Score: 2, Interesting

      we should charge any child who has seen him/herself naked with possesion of kiddie porn.

      That reminds of this case where a 15 year old girl was charged with kiddie porn of HERSELF...
      I linked the BLOG because the original news story has gone away...:(

      BWP

  17. Re:they still dont see it by NineNine · · Score: 4, Insightful

    they blame everything but the vulnerable system that propagate this kludge...

    You think that's a good idea? What happens when people start suing Linux developers for bugs and holes in that software? No software is perfect. Unless MS is doing this deliberately, it's not negligent. It's the nature of software.

    And you know what... MS didn't do this to these people's machines. The virus/worm/spyware writers did. They're the real criminals, but no law enforcement agencies are smart enough to be able to track these people down.

  18. Rather than posting a comment. by superwiz · · Score: 4, Insightful

    I'll just let my signature speak for me.

    --
    Any guest worker system is indistinguishable from indentured servitude.
    1. Re:Rather than posting a comment. by superwiz · · Score: 2, Insightful

      That's why it's a test -- not the test.

      --
      Any guest worker system is indistinguishable from indentured servitude.
  19. Really? by elzurawka · · Score: 2, Informative

    "when he was charged in Arizona with possession of child pornography, even though the family computer was riddled with spy-ware and Trojans."

    I am currently taking a Data Forensics Course at Sheridan Institute, and the teacher of the course is a Peel Region Data Forensics officer. He told us in the last 5 years of him being there he has not once come across a machine where child porn was put on the machine by a popup, or spyware. He Said this does not happen, as it would be easily traced back to the company that advertised it. This is not a valid deference in child pornography cases

    --
    -EL
    1. Re:Really? by wjeff · · Score: 4, Informative

      You don't read very well do you, it wasn't spyware and/or popups, it was trojans and/or rootkits.

      From the Article:
      [For that answer, they turned to computer forensic expert Tammi Loehrs. ...

      Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than 200 infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house.]

      With the proliferation of rootkits, and lack security on most home computers, I wouldn't be the least suprised if most perverts use hacked computers to access child porn these days.

      I seem to remember there was a case in Texas similar to this about 8 months ago, where a man was arrested and charged with possessing child porn on his computer. Luckily for him, the local police department's computer forensics people were actually clueful and found the rootkit used to control the computer.

      Not to mention the well documented use of open wireless networks to access illegal content.

      The problem with computer security these days, is that it requires to far too much expertise and vigilance to keep your computer secure, even if you are an experienced professional, much less the proverbial hapless grandma.

      When you have to spend hundreds of dollars a year, and 5 hours a week keeping your computer clean and updated, and then never open emails the look like they came from your grandkids, or from your quilting circle web-ring. All the supposed productivity benefits of using a computer rapidly disappear.

      --
      my old sig is obsolete, and I haven't come up with a stupid enough new one yet
    2. Re:Really? by raehl · · Score: 3, Interesting

      He told us in the last 5 years of him being there he has not once come across a machine where child porn was put on the machine by a popup, or spyware. He Said this does not happen, as it would be easily traced back to the company that advertised it.

      But popups and spyware are a good indication that the computer wasn't secure, and the computer not being secure is an indication that OTHER things may have been placed on there without the users knowledge.

    3. Re:Really? by RexRhino · · Score: 2, Informative

      Your instructor is pretty dense for someone teaching a "Data Forensics Course". A trojan or rootkit downloads whatever the person who created the program wants it to download. Typically, they are used to send spam or engage in DOS attacks, but there is absolutly no reason that if someone wanted to download illegal materials, that they wouldn't use a compromised machine to hide their actions.

  20. Even if it WAS intentional.. by Anonymous Coward · · Score: 5, Interesting

    Would it still be that wrong? Why would a sixteen-year-old find a forty-year-old-woman attractive? At that age, you still develop an attraction to other 16 and 15 year old girls. But anyone featured in pornography under the age of 18 is considered child porn.

    These things should be looked at with relativity. And some lawyers and politicians need to remember that they were kids once. Rediculous, "possession of a playboy." I can understand cigarettes or alcohol, but it's illegal to be curious now?

    1. Re:Even if it WAS intentional.. by tOaOMiB · · Score: 4, Insightful

      The reason child porn is illegal is not because being attracted to minors is a crime, not matter what your age. The reason it is a crime is because you are feeding an industry that is preying on children. Children under 18 are not considered old enough to make the decision to appear in porn. So sure, at 16, it's perfectly reasonable to be attracted to girls his age. But supporting those girls as they start a pornography career (under the influence of others) is what's wrong!

    2. Re:Even if it WAS intentional.. by bky1701 · · Score: 4, Interesting

      One must seriously question *why* it is considered wrong. Surly much of what is bad about it comes from the fact it is so illegal and taboo that the only way it can be done is in the most painful way to those involved. If it was legal, it would become a business like any other (and thus regulated, unlike the black-market crap that goes on now) and I predict that much of the secret photographing/abductions/etc would stop because they would be too costly and hard compared to the legal way.

      Prohibition caused much more crime then it stopped, and always will, just look at the "war on drugs" and people killed in gun fights or because of drugs laden with toxins every day. When there is a demand for something, making it illegal to produce it in an ethical way will simply make it's production non-ethical, this has been proven many times in history and isn't changing any time soon.

      You can say that some 14 year old can't make an informed decision- maybe they can't, I can't speak for them and nether can you. But I can say that it's certainly the lesser of evils.

      *Waits for down modding and FBI to show up at door*

    3. Re:Even if it WAS intentional.. by 49152 · · Score: 2, Insightful

      >Children under 18 are not considered old enough to make the decision to appear in porn.

      That argument falls flat on its face if you consider a 16 year old enough to understand he should resist his perfectly normal urge to watch nude girls in order to prevent the pornography industry exploiting 16 year old girls.

      Either a 16 year old is an adult or a child, make up your mind it cant be both.

    4. Re:Even if it WAS intentional.. by nightfire-unique · · Score: 2, Interesting

      One must seriously question *why* it is considered wrong. Surly much of what is bad about it comes from the fact it is so illegal and taboo that the only way it can be done is in the most painful way to those involved. If it was legal, it would become a business like any other (and thus regulated, unlike the black-market crap that goes on now) and I predict that much of the secret photographing/abductions/etc would stop because they would be too costly and hard compared to the legal way.

      With all due respect, I believe you misunderstand. The intent of these laws isn't entirely to protect children. It is very easy to realize when you see them being used to attack children - the very people they were supposedly created to protect.

      This is one case, but there have been many, where children were charged for having sex with each other, or possessing images of people their own age.

      The purpose of this law, at least to some extent, is to teach "morals" to young people. If you delay the onset of sexual maturity long enough, what results is a frustrated, easily manipulated adult populace that seeks other forms of acceptance and understanding. This is a service the church seeks to provide, and the main mouthpieces of the sexual repression crowd are religious fundamentalists.

      On a side note - and I mean this not as a troll, but as an expression from the very core of my being - I truly feel that anyone involved in this case that supported the prosecution of this "child" deserves two in the chest, and one in the head.

      Claiming that you fight for someone, while in fact ruining their lives (ie. Iraq) is despicable.

      --
      A government is a body of people notably ungoverned - AC
    5. Re:Even if it WAS intentional.. by misanthrope101 · · Score: 3, Insightful
      You can say that some 14 year old can't make an informed decision- maybe they can't, I can't speak for them and nether can you. But I can say that it's certainly the lesser of evils.
      Well, if they picked up a sniper rifle and killed someone we'd definitely consider them responsible for their decisions, It wouldn't matter if they had an IQ of 82 and had been beaten in the head with a shovel. But if they layed down with a 30 year old, then they're a victim, a mere wisp of a child, the picture of bucolic innocence, and it would be the end of civilization as we know it to recognize their capacity to decide for themselves whether or not they want to have sex.
  21. Technology Terrorism by sauge · · Score: 3, Insightful

    Just think of what terrorists could do with this sort of reaction?

    Key people could be coerced or exploited simply out of fear of what the American judicial system would do should they be reported about stuff they don't even know about. I will readily admit in the gigabytes and gigabytes of data on my hard drives(s) there are some directories I have never been in - and I am a friggin programmer.

    Huge swaths of people could be put through the grinder by so many "save the children" politician prosecutors that finally it would reach a point where people either ignore child porn or become disillusioned with the judicial system distressing innocents. Either way it is hard to support and trust such a government.

    The idea of "don't help the man, all he will do is fuck you over for some shit you didn't do" and "so much for good intentions" will build up year over year throughout the population. Already there is an incredible distrust in government regarding taxes and intelligence gathering. What happens to our society when we begin to distrust law enforcement and the judicial system - become like east L.A.?

    This kind of nonsense with unfriendly people in other countries could in quite a quiet manner - damage the society and fabric of the United States.

  22. Sex offender label... by EmbeddedJanitor · · Score: 5, Funny

    ... priceless

    --
    Engineering is the art of compromise.
  23. Remember Kids by dkleinsc · · Score: 3, Insightful

    Nudity and sex are Evil, but blowing someone up because they live near someone we think is bad is Good.

    All research on the subject says quite clearly that seeing sex and nudity isn't harmful to kids. Until very very recently, most children were conceived while their siblings were in the same room. The vast majority of children in the world see their first female breast within about 5 minutes of birth. Kids don't make a big deal about it, it's adults for whom its a big deal. Laws against showing porn to minors are really to protect adults from the idea that their kids might understand sex, not to protect kids.

    The problem is that lots of people who understand these things, but no one has the balls to stand up and say in a political campaign that they're fine with children seeing adults and other children naked.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  24. Re:Esc by Gryle · · Score: 2, Funny

    Oh, for crying out loud, it's Amish, not Omish! If you were trying to make a joke about impedence (which I hope you would resist) that would be spelled "Ohmish".

    --
    Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
  25. Interview with the District Attorney in the case by GnomeCarousel · · Score: 5, Interesting

    Here http://abcnews.go.com/2020/story?id=2791529&page=1 is an interview with the DA of this case.
    Very interesting read.

    Quote:

    "JIM AVILA: So there was a huge amount of evidence that in fact, this kid was not involved in a sex crime. And yet, your office and
    you yourself continue to believe and put him through two years of hell, because you continue to believe despite lie detector
    tests, court psychiatrist reports, a report from the computer expert who said it could have come from anywhere...you
    continue to say..."

    NDREW THOMAS: (Overlap) Well...

    JIM AVILA: ...that he did it.

    ANDREW THOMAS: Well, I...again, I...I'm not sure that that's totally right. But you gotta...

    JIM AVILA: (Overlap) Halfway right?
    "

    --
    Round and round we go.
  26. American == USA citizen by gvc · · Score: 4, Informative

    We Canadians take "American" to mean a citizen of the USA; not of Canada, Mexico, Brazil or Argentina.

    1. Re:American == USA citizen by Snarfangel · · Score: 2, Interesting

      >>We Canadians take "American" to mean a citizen of the USA; not of Canada, Mexico, Brazil or Argentina.

      You can take it any way you want, including up the ass, but American properly refers to any citizen of North, Central or South America.


      Actually, in Spanish it is either americano or americana, and in Portuguese it is americano as well. Since this covers the vast majority of those south of the border (except for Belize, IIRC), and since Canadians don't care, we can call Americans "Americans," Canadians "Canadians," and everyone else Americanos.

      --
      This tagline is copyrighted material. Please send $10 for an affordable replacement.
  27. Just unplug by EmbeddedJanitor · · Score: 4, Insightful

    Most people have very little reason to be connected to the internet all the time, or have their computer on all the time. Save the environment: turn off that computer!

    --
    Engineering is the art of compromise.
  28. They're still a young country. by Anonymous Coward · · Score: 3, Funny

    Remember, the US is still a very young nation. It's history as a country only goes back 350 years or so. Even then, present American culture only really took off after World War II. So it hasn't even been 70 years since what we consider "American society" took root. Compared to the history of even just European society, for instance, that's virtually nothing.

    So it's no wonder that they still have an aversion to boobies. It's something they'll grow out of, likely once the first generation of people exposed to the Internet for virtually their entire lives start to become politicians and hold office. They'll realize that a bouncy pair of titties are a wonderous sight, and some vulva now and then is good for the health.

  29. Re:For 90% of the population by ralphdaugherty · · Score: 2, Insightful

    And we sadists in our wisdom unleash Windows XP as the tool to use. In fact it's a shite solution for that 90%.

          I'm no MSFT fan, but are you kidding me. You have people basically downloading anything they think looks good to them. They are so greedy and so clueless bad people around the internet don't have to try very hard to own them.

          Basically right now it's a wash. People get a lot of stuff for free, software, pictures, songs, movies, but some of them lose their bank accounts or even their identity. But hey, don't worry, click here to download.

          Sort of like a reverse lottery.

      rd

  30. Totally fucking agree by QuasiEvil · · Score: 4, Insightful

    "OMG little Johnny saw a boobie! Armageddon is upon us!"

    We crazy-ass Americans have such bizarre hangups about sex... Jesus, folks, get over it. We all think about it, most of us do it fairly often (/.ers excepted, especially those of us old married /.ers like myself), and it's just stupid to be so repressed about the whole deal.

    The liquor laws piss me off enough (whaddaya mean it's a dry county?), but all the puritanical sexually-repressive moral crap that's in law has just got to go.

  31. The solution to this is simple and inevitable by viewtouch · · Score: 3, Insightful

    The solution to this problem, and to virtually all of the problems that are associated with computer ownership, is simple and inevitable. Do away with the personal computer.

    For most people it is completely unnecessary. For most people all they need is a graphical display terminal with a rich user interface environment that is attached to the Internet and software which is streamed at them, whether in a browser or, as in the case of X, served up to their graphical display terminal.

    No hard drive to worry about, nothing police can find in your possession to investigate, charge, prosecute and punish you for, no viruses, no spyware, no adware, no trojan software.

    Nobody every got in trouble for watching the most raw, stimulating, raunchy porn on TV and nobody will ever get in trouble for watching what is streamed to their graphics display terminal. After its viewed it just goes right off into the great void. Any software that the average person needs in the future will be streamed directly to their graphics display terminal which is connected directly to the Internet without the need for a local operating system, storage, massive bank of RAM or local copies of application programs.

    Users can go anywhere in the world, walk up to any graphics display terminal and have the same software experience regardless of who they are, where they are. No need to download songs or movies, just stream them right to you, just like Television. You don't need a PC to have a TV, you don't need a PC to have a phone, you don't need a PC to receive streaming software. You just need a graphical display terminal. No mess, no fuss. The PC, for the average person, is an unnecessary, expendible component of the software experience in the era of ubiquitous access to the Internet and versatile graphical display terminals.

  32. Disgusting. by Jartan · · Score: 2, Interesting

    This kind of thing makes me want to vomit. Leave aside all the technical stuff for once. Personally I would really like to know what the hell is going on with the judges in these court rooms? I'll admit to far too much ignorance on the powers of a judge but surely they have some? Don't they have SOME sort of book to throw at these low life prosecutors?

  33. Law vs. Reason... by akohler · · Score: 2, Insightful
    where's the line?

    We've already gone down the "slippery slope" of making analogies between Real Life and Digital Life, and trying to make them legal precedent. I think we all know that, although there are parallels, the analogy is not usually that direct.

    Example 1: in the case where you've locked your door, someone breaks into your house and injures themselves when leaving by slipping on your icy walk, and then sues you because they injured themselves on your property. Jury finds that you should have shoveled your walk. Yes, some juries have actually awarded money to burglars in personal injury suits.

    Example 2: Same scenario, but you left your door unlocked. Jury finds that you should have locked your door.

    Example 3: Kids from next door walk into your yard when you're not home, fall into your swimming pool and drown. Jury finds that you should have put up a fence.

    Example 4: Neighbor climbs your fence, ignores your no tresspassing sign, and goes ice-skating on your pond, then falls through the ice and dies. The parents sue you. They lose. Jury decides that your fence and sign were enough to tell a reasonable person that they shouldn't have been there.

    An analogy in the Digital World that many people have been drawing lately is Open Wi-Fi. (Which I agree with, BTW.) This says that Wi-Fi piggy-backing should be legal because if you don't want people using it, you can secure it, put up a digital "No Tresspassing" sign, etc.

    Is there an analogy here? If your computer isn't secured, according to the standards of a "reasonable" person? I think it depends on who these "reasonable" people are. Does the average person know how to secure their computer at a bare minimum? Probably not. But are average people reasonable?

    I don't know how to fix my car. But I, and I would presume other reasonable people, as well, know that your car should be checked regularly to make sure that it is in safe driving condition. I also know that I'm supposed to get regular checkups to make sure that I'm healthy.

    If I got sick from something at work, didn't go to the doctor for 6 years, found out 6 years later that I was sick and tried to sue my job, the court, at least in my state, I wouldn't get anything. Why? Because the statute of limitations says that I have 2 years from the date that I got sick OR 2 years from the time that a "reasonable person" in the same situation should have known that they were sick. Because reasonable people are supposed to go to the doctor on a regular, I would be unreasonable for waiting 6 years.

    Should reasonable people have their computers checked for malware? Yes they should.

    --
    "First they ignore you, then they laugh at you, then they fight you, then you win." - Mohandas Gandhi
    1. Re:Law vs. Reason... by Creepy+Crawler · · Score: 2, Insightful

      ---An analogy in the Digital World that many people have been drawing lately is Open Wi-Fi. (Which I agree with, BTW.) This says that Wi-Fi piggy-backing should be legal because if you don't want people using it, you can secure it, put up a digital "No Tresspassing" sign, etc.

      WiFi concerning 2.4 GHz should be unmoderated, along with laws concerning "no listening". It should be legal for me, under part 15, to continually spit out interference because it is UNLICENSED. If you want a quiet channel, go buy your own. If you have an encrypted channel, I should have the right to decrypt the data, and transmit "encrypted" so that you understand.

      When it comes to encryption, I dont use it on WEP or WPA. It's open, spitting out 5 watts. Why over the limit? Im licensed with amateur radio. I have part 97 on my side.

      ---Is there an analogy here? If your computer isn't secured, according to the standards of a "reasonable" person? I think it depends on who these "reasonable" people are. Does the average person know how to secure their computer at a bare minimum? Probably not. But are average people reasonable?

      Reasonable: If you squirt RF over unlicensed band, you had better be sure what you're communicating with. If you want WPA with VPN, thats fine. But prepare for it to be cracked into. If you want security, use wires.

      ---Should reasonable people have their computers checked for malware? Yes they should.

      Reasonable people woudnt be using browsers that could become infected, nor should the computers run executable code unless directly instructed by the person. Then again, using a secure OS is a part of that, but Windows is reasonable because many people use it.

      --
  34. Jury nullification by b0s0z0ku · · Score: 2, Informative
    Folks who are against that kind of abuse of law: make sure to serve on a jury. If the case is something like that, I'd even be tempted to lie to get on the jury. Remember, it only takes one juror in most states to block a conviction and prosecutors are hesitant to retry in the case of a hung jury. Plus you can try to convince other jurors not to convict. In addition to judging the accused, jurors are required by quite a few state constitutions to judge the law itself.

    -b.

  35. Re:Lower the bar far enough.... by QuasiEvil · · Score: 5, Insightful

    No need to lower it. I'd be willing to bet that nearly all of us break a half dozen laws or more each day. Just thinking about it, I can come up with about 10 infractions for me today, and those are of laws I know about. Most are of crap no sane law enforcement officer would ever do anything about, but the point is they're still on the books and they could, at any moment, decide to enforce them.

    That's one of the problems with the US today (and I'd bet many other nations) - we pass *fuckloads* of laws that are then never revisited, never repealed, but sitting out there awaiting enforcement if they can't pin anything else on you. There's no way that the citizenry could possibly know all of the laws and be sure they're abiding by them all, thus we need to streamline and simplify.

    I'd suggest starting with all laws having a 10 year sunset clause and a constitutional provision against omnibus renewals. That'd be a good start. If it's not important enough that it can be revisited every 10 years, then we should really question if it needs to be a law.

  36. Let me tell you a lil story by Anonymous Coward · · Score: 5, Interesting

    as someone that has gone through this system on this.

    Many moons ago I went out to meet this gal I met online, I knew she was under 18 but I was early 20s and stupid so I went out to meet her and I got busted as I walked in the door, tossed in jail and got a lawyer and got out on probation.

    5 years, 2 lie detector tests, 2 years of mandatory therapy, tens of thousands of dollars spent out of mine and my families pocket, 1 career, 1 fiancee all lost along the way because I never really did anything but I thought with my love whistle insetad of the head on my shoulders.

    So now I'm labeled a pure hardcore sex offender. I'm on the website here in my state, my glorious picture is up there, they put posters all around my white color suburbanite neighborhood, my neighbors who knew me couldn't believe it, the ones who didn't' saw me and pulled their kids aside like I was going to eat them alive when it was the farthest thing from the truth. I've had people spit upon my father who has a lawn business, mom who gets harrassed at her school from other teachers cause of it, my friends got hassled and dropped me like the plague. I got to see who my true friends and people were. People who were still there, still loyal, looked past my stupid mistake and realized "Hey, he did something really dumb, but he didn't rape some kid or kidnap a school bus full of girl scouts."

    So here I sit here after I got all my ducks in a row, got a consulting job because companies hire business' not people so no background check, going to school out of state because they don't require registration or signup stating that some kiddy raper is attending their school, I live in a place that's in a decent area but the county is trying to squeeze people like me out because the community thinks we are all 'horrible representations of society' or some nonsense. I had to grow up alot along the way and I learned alot about the legal and criminal system and know there are thousands upon thousands of guys like me that are out there that really won't be able to be 'themselves' for 20yrs or so until it's all cleared up in the system and maybe a pardon for the governator.

    I'm sorry for what I did to my family, to my friends, and to that lil child whom when I saw her in court I would've never done a thing to as she looked like my lil 12 yr old sister.

    Do I feel my debt to society has been repaid? You be the judge on that. I'll let you know in 10 more years.

    1. Re:Let me tell you a lil story by Anonymous Coward · · Score: 5, Interesting

      "Debt to society? You are owed a debt by society."

      If you mean society owes me nothing then all I ask of society is to stop treating those of us that have did our time, understood our punishments and crimes, and want to reenter society as citizens as all of those that have done know wrong take for granted every day.

      I for one miss having the ability to vote for elected offical, have the ability to protect my family by having a fire arm in my house, have to be monitored like i'm a walking ticking time bomb waiting for me to snatch some little girl off the street and devile her in inhumane acts. All I ask is that they stamp my letter saying "Welcome back Citizen, now behave this time OK?" and you will see a grown man break down in tears.

      Yes it means that much to me to have back what most of you have and throw away every election day. No matter how much support I throw for the candidate of my choice I can't go there and say "Thats my chosen one!" and be done with that.

      I couldn't even volunteer to reroll as an officer in the military. Nope they wouldn't take me back, I asked about being demoted down to enlisted "Come talk to me when it's off your record!" they said. "My family is over there fighting as we speak and buddies are dying as well, yet you won't let me back with a full college education yet you are taking people who can't qualify for GED's?" "You are a criminal, they aren't". I just shake my head.

      It makes me sad in many ways and I could rant on how I could get away with voting or owning a gun or many other ways around the system that are found to be completely flawed, but what's the point in defying the very system I so desperately want to rejoin?

      If you mean I still owe a debt to society, then by all means I'm more than eager to repay it. Trust me.

    2. Re:Let me tell you a lil story by nightfire-unique · · Score: 2, Insightful

      Frankly I really don't care. I'm going to go out on a limb and assume she's reached puberty. Maybe I'm wrong but it isn't the impression that I got from reading his comment.

      In which case, it's up to him and her (or her and him) and everyone else (except perhaps their respective families) should fuck right off. Sex is a very personal and private thing and is no business of the state.

      I know this doesn't jive with current American mores but I'm past the point of caring. I'm just so sick of it all. :(
      --
      A government is a body of people notably ungoverned - AC
  37. More quotable than Gerald Ford: Zappa by smittyoneeach · · Score: 5, Interesting
    Why are the child porn types writing software that magically puts child porn on random people's computers? I'm really not clear about what they're accomplishing there, other than potentially hurting their business by bringing child pornography into the spotlight.
    SCRUTINIZER'S POSTLUDE

    Eventually it was discovered
    That God
    Did not want us to be
    All the same
    This was
    BAD NEWS
    For the Governments of The World
    As it seemed contrary
    To the doctrine of
    Portion Controlled Servings
    Mankind must be made more uniformly
    If THE FUTURE
    Was going to work
    Various ways were sought
    To bind us all together
    But, alas SAMENESS was unenforceable
    It was about this time
    That someone
    Came up with the idea of TOTAL CRIMINALIZATION
    Based on the principle that
    If we were ALL crooks
    We could at last be uniform
    To some degree
    In the eyes of THE LAW
    Shrewdly our legislators calculated
    That most people were
    Too lazy to perform a
    REAL CRIME
    So new laws were manufactured
    Making it possible for anyone
    To violate them any time of the day or night,
    And
    Once we had all broken some kind of law
    We'd all be in the same big happy club
    Right up there with the President,
    The most exalted industrialists,
    And the clerical big shots
    Of all your favorite religions
    TOTAL CRIMINALIZATION
    Was the greatest idea of its time
    And was vastly popular
    Except with those people
    Who didn't want to be crooks or outlaws,
    So, of course, they had to be TRICKED INTO IT...
    Which is one of the reasons why
    Music
    Was eventually made
    Illegal

    http://www.lyricsdomain.com/6/frank_zappa/scrutini zer_postlude.html
    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  38. It can happen by grahamsz · · Score: 2, Insightful

    The first of my friends to try installing linux didn't realize the particular distribution came with FTP installed with an anonymous account. After spending a few hours trying to figure out why the internet was so slow, he discovered someone was using his machine to distribute porn, some of which was of questionable legality.

    This was back in probably 95 or 96, so i'm sure in the intervening decade distributors have got much better at it. Using a network of hijacked computers to sell your "product" would probably make reasonable sense - you certainly dont want to host it on your colo account.

    This unfortunately leads us to one of two conclusions

    1) spyware is a legitimate out for child porn charges
    2) people should be responsible for anything that shows up on their computers

    I'm sure people here will argue 2 all the way, but when it comes down to it we all make configuration mistakes. I had a disk error once result in our sendmail.cf file being truncated at 1024 bytes, which was just enough to leave it working but turn it into an open relay. I've never had random files appear on my boxes, but i'm sure part of that is luck since i'm not really obsessive about monitoring logs etc... yet i'm probably 10x better than your average computer user.

    In the end we need our investigators and prosecutors to have a high degree of technical knowledge, so they can seperate out the victims from the perpatrators. Is that too much to ask?

    1. Re:It can happen by bckrispi · · Score: 5, Insightful
      2) people should be responsible for anything that shows up on their computers
      Responsible to the point that they're staring down a life sentence in prison??
      --
      Xenon, where's my money? -Borno
  39. Fortunately... by JourneyExpertApe · · Score: 2, Funny

    ...by mentioning his full name in the article, /. made sure that any searches for + "sex offender" will turn up hits for decades to come. Nice work.

    --
    If you can read this sig, you're too close.
  40. Re:This has affirmed my aversion to windows by greg_barton · · Score: 2, Insightful

    A two year old article is all you can do?

    And, straight from the article, "The mi2g study concentrated on 'overt digital attacks' and didn't include more general forms of attack such as viruses and worms." So even the (pitiful) evidence you've provided doesn't include the most common forms of attack. The mi2g study was on manual forms of attack. Pop quiz... which is more likely to happen: a hacker sitting down at your computer, or a remote attack through your internet connection?

    I swear. Microsoft apologists are getting weaker every day.

  41. Purpose of the Legal System by RAMMS+EIN · · Score: 4, Insightful

    I've said it before and I'll say it again: the worst thing for a legal system to do is to convict innocents.

    Let's think about the purpose of the legal system for a while. Why do we want laws at all? Why, we want to make sure people can just live their lives, without being robbed, killed, raped, and whatnot. So we make robbery, rape, murder, etc. illegal. Now we have two categories of people: innocents and criminals. The innocents are the people we want to protect, the criminals are who we want to protect the innocents from. So we must arrest and convict the criminals. A legal system that does not result in criminals getting caught is useless. But a system that results in innocents getting punished is worse than useless, because it does exactly what it was intended to prevent: harm innocent people.

    From what I've heard, the whole crackdown on child pornography is mostly punishing (severely!) a lot of people who are not harming anyone, while the people who do harm others (the criminals _and_ the law enforcers) mostly run free. That can't be good.

    --
    Please correct me if I got my facts wrong.
  42. Re:To quote the parent.... by Creepy+Crawler · · Score: 3, Funny

    Heh, when I was 16, I bought my own computer (333MHz yada yada). I caught my dad using mine for porn.

    When I caught him, I told him to save it to (my documents)/homework/images/ .
    Guess what... My mom found out and threw a FUCKING fit.

    --
  43. How'd They Find the Stuff? by mqduck · · Score: 2, Interesting

    I'm surprised no one else is interested in knowing how the authorities discovered this child porn.

    --
    Property is theft.
  44. Does Arizona Elect DAs? by hengist · · Score: 3, Insightful

    It seems to me that the problem with over-zealous prosecutors could be that they are elected in many places. They need to get a certain number of convictions for certain crimes to show that they're "tough on kiddie porn/drugs/terrorism/jay-walking".

    This means, of course, that there will almost inevitably be abuses of the prosecution process, with people like this 15 year-old the victims.

    The long-term solution could be to stop electing the prosecutors.

  45. Re:What we need: by b0s0z0ku · · Score: 3, Insightful
    I think grand juries are BS!!! One person cotrols the grand jury, the prosecutor. A defendent isn't even allowed an attorney in hearings, not without permission of the prosecutor.

    That's fine - at least they serve as somewhat of a check on the power of a prosecutor. Better than a prosecutor basically being able to press any charges he wants and have people in jail or having their reputations tainted until a trial happens to occur.

    For those who don't like grand juries, I propose an alternative. Allow private prosecutions of prosecutorial and police misconduct under civil rights legislation (18 USC 241,242,etc). By private prosecution, I mean allowing a private attorney (hired by the aggreived party) to press charges against a state official in the name of the state. This is possible under common law, but infrequently used or impossible today. Why private prosecution? Government officials seem a bit too unwilling to prosecute one another, so someone from outside sometimes needs to be brought in.

    -b.

  46. Come On by JohnnyComeLately · · Score: 3, Insightful
    I think the naysayers are a bit full of themselves until this actually happens to them. There was a car analogy, but how about a direct gun analogy?


    - Drug dealer (convicted felon) says you have guns and tips DEA (possibly to lessen a charge against themselves..so they can later make money).
    - Criminal (Ibid) puts malware out on the internet (possibly just to make money).


    - Homeowner leaves for work
    - Computer owner leaves for work with computer on


    - District Attorney has no clue but proceeds with warrant
    - Ibid


    - See the article (RTFA)
    - Agents surveil the house, wait till you leave, serve a "no-knock" and pull the front door off the house. Dog/cats are taken to the pound, house is ransacked and left in shambles, and your perfectly legal and $4,000 gunsafe is destroyed in the process of getting inside.


    -Countless legal battles to
    A: Figure out what the hell just happened
    B: Clear yourself of the charges
    - Ibid


    The first one is the article I just read, the second happened to a neighbor two blocks away.

    I've had a computer since 1983, using a TRS computer and a Hayes Smartmodem (300 baud, course) and I've got Sun certified in running hundreds of Solaris systems. I went most of those 23 years without a virus-scanner (just being very careful and patching), but still got bit. YouTube bit me. 23 years experience and a protected/patched system was still defeated. Never downloaded a wallpaper or any attachment for that matter. I played with the malware a little before fixing the system, and it was interesting watching the malware disable and render the AV software inept. In one case, it sat there by itself, just feeding, until I wacked it. A few moments later it re-spawned and this time protected itself from whacking. The other mal-ware blocked the port for updating the AV software...seems ironic the virus is smarter (remapped URLs to localhost) than the AV.


    Oh well....after reading this it's just one more reason to switch over to the Mac when I have the $$$ (yeah, it's still vulnerable....but a lot less attractive to malware).

    So what's my point? Even with all the knowledge and training, you will still get infected. You can scoff at YouTube, or MySpace, but you will eventually get bit. The upside: You'll figure it out quick and patch (hopefully).

    I'll likely get modded as flamebait but to be blunt: You're just as naive as those you scorn if you think the average person is capable of stopping it and "got it from downloading screensavers." I don't think there's a single computer I've seen in the last 5 years that wasn't a Windows OS-installed screensaver. Wallpapers? Yeah, I see those on occasion...

  47. Re:Lower the bar far enough.... by nightfire-unique · · Score: 2, Insightful

    No need to lower it. I'd be willing to bet that nearly all of us break a half dozen laws or more each day. Just thinking about it, I can come up with about 10 infractions for me today, and those are of laws I know about. Most are of crap no sane law enforcement officer would ever do anything about, but the point is they're still on the books and they could, at any moment, decide to enforce them.

    And this is my big argument against surveillance.

    Often the question is asked: if you've done nothing wrong, what do you have to hide?

    This ignores an entire category of people. What if you have done something wrong?

    I smoke drugs with friends (occasionally), I have had sex with people (my age) when it was illegal for us to, I have consumed alcohol while under the legal drinking age, and I have cracked DVDs that I've bought to watch them. I've idled my car for longer than 5 minutes (to charge my battery), I've watched a torrent download, and I've played music at a party after 11pm.

    As a potential criminal, I appreciate the fact that I can run from my crimes, and not get caught. There are far too many moralists and politicians to create a legal system that is just - or at least just enough that surveillance is safe and right to deploy.

    My $0.02.

    --
    A government is a body of people notably ungoverned - AC
  48. Security analogy humor by Beryllium+Sphere(tm) · · Score: 2, Informative
    Chris at Riosec quotes Chandler Howell:
    Security is like an analogy. It only works up until the point that someone considers an angle or aspect that you haven't previously considered and accounted for.
  49. Incrimination? by rolandog · · Score: 3, Funny

    Well,... it kind of reminds me of the 'olden' days where horse porn was used as a form of 'WTF' factor.

  50. For those who have sigs disabled by VirusEqualsVeryYes · · Score: 2, Informative
    A test of civilization is how it fights nihilism without itself becoming more destructive than the nihilists.
  51. Re:statutory rape by TheLink · · Score: 2, Informative

    Not in Georgia I hear.

    http://www.gwinnettdailypost.com/index.php?s=&url_ channel_id=32&url_article_id=22700&url_subchannel_ id=&change_well_id=2&weak

    He 17, she 15.

    What they did: _consensual_ oral sex.
    What Georgia Supreme Court confirmed it was: aggravated child molestation.
    What he gets: 10 years, plus probably being classed as a sex offender for the rest of his life.

    --
  52. Stupid defense by Per+Abrahamsen · · Score: 2, Insightful

    Don't make it into a pissing contest.

    Any country where you can get prosecuted for showing an issue of Playboy to your friends have serious problems, be it North Korea, Saudi-Arabia or USA.

  53. American, Shamerican by FreeUser · · Score: 2, Insightful

    As a US citizen living abroad I sympathise with other residents of the Americas taking umbrage with our appropriation of an entire continent's name. However, there isn't really any sensible replacement. USAian looks and sounds stupid, so you will never get 300+ million people adopting it, no matter how sympathetic they are to your point. Every other identifier for folks from the US, from "yank" to "gringo" has derogatory connotations, so you won't see us stampeding to change our label to that either.

    The fact is that we've been called Americans for over two hundred years, and the etymology of the word stems quite clearly from the name of the country "United States of America." Since Unitidians and Statsians are too generic, American is the term that evolved.

    I suppose we could start calling ourselves "Americans of US citizenship" or some other stupid, ungainly term, but anyone doing so would be trivially identified as a politically correct dogmatist of gargantuan proportions, and probably laughed at almost as much as those who use USian, or other inane terms like "Sie" as a singular gender neutral pronoun ("their" may be grammatically wrong, but at least it doesn't sound utterly contrived--but I digress.).

    So, if someone can come up with a sensible replacement for "American" that doesn't sound like PC newspeak or involve multiple words, and isn't derogatory, I will entertain the notion of adopting it. But until that happens, I will consider calling myself American, with due apologies to the other residents of America who also happen to be able to call themselves Belizian/Brazilian/Mexican/etc., and don't have 300+ million Americans demanding they should change their centuries-old national identifier.

    --
    The Future of Human Evolution: Autonomy
  54. Re:I can take a guess... by AGMW · · Score: 3, Informative
    It's the equivalent of Nuclear Power, Communism and Drugs for the new millenium.

    Indeed, it appears to be the modern day McCarthyism! The whole concept to stopping whatever your country decides are children from experimenting with each other is ludicrous! Obviously, there's a problem with predatory adults (and sad to say usually males!), but to apply those same rules to 16 year olds is crazy!

    Age of Consent by country (some examples from the page) :-
    UK - 16
    USA - up to 18 (differs by state!)
    Spain - 13
    Madagascar - 21

    Spain seems low to me, but I guess I am just used to the UK's 16. 18 seems high, and who'd want to grow up in Madagascar!

    Maybe the issue is just when there's a large age range between the (otherwise) consenting parties? There was a case recently in the UK of a substitute teacher who the school governers discovered had a previous sex offence with a 15 year old when he was 30-something. A big to-do in the papers (Daily Mail!) about it. He lost his job - probably never worked again as a teacher, which is all well and good you might say - serves him right! Turns out, they married a year or so later and are still married now! Perhaps he really did love her?

    Rules are (usually) good, but the blanket application of rules will pretty much ALWAYS come across cases where the rules should be flexible or there will be injustices.

    If these childporn hackers are looking for PCs why don't the authorities setup some honey-trap PCs without firewalls etc, and catch the people who use them - spammers, pornographers, whatever! Surely that would be the sensible thing. The pornographers are seeding (potentially!) innocent people's PCs with illegal pictures to try and grey the concept of guilt, why not fight back with honey-trap PCs so the hackers have a grey area to ponder on about whether this really is a safe PC for them to take over!

    --
    Eclectic beats from Leeds, UK
    handmadehands.co.uk
  55. To paraphrase Robin Williams... by interactive_civilian · · Score: 2, Funny

    It IS a country built by Puritans, people so uptight that the British kicked them out.

    --
    "Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
  56. Already happened in US by Mathinker · · Score: 2, Informative

    Old news in US...

    From URL http://www.usatoday.com/tech/webguide/internetlife /2004-03-29-child-self-porn_x.htm :

    > PITTSBURGH (AP) -- A 15-year-old girl has been arrested for taking nude photographs of her self
    > and posting them on the Internet, police said.

    (Found via the English Wikipedia article on Child Pornography, found via Google.)

  57. No WebeWeb? by BenEnglishAtHome · · Score: 2, Insightful

    There have been a bunch of comments already and no one has mentioned WebeWeb? I find that strange. I'm at work and filtered, so I can't google for links, but look for "Pierson" (the photographer) and "WebeWeb" (the umbrella site). It seems that the U.S. govt now believes that photographs of clothed children *not* engaged in sexual acts are now child porn. All I can do is shake my head, wonder, and start looking for some sensible place to migrate to when I retire in a few years.

  58. I turned in a client the other day by Electric+Eye · · Score: 2, Interesting

    I've dealt with this particular family for a few years and the mother always let her teenage son download all sorts of porn, even though he's under 18, and laughed about it. She called me last week to fix her laptop and I found a ton of child porn on it. I brought it to the local PD and awaiting the outcome.

    I've been doing house calls and such for about 5 years and have never had this happen. I've seen some bizarre shit on people's machines, but nothing illegal before this. I have a baby daughter and I asked myself "Knowing what I know now about this kid, would I ever want him near my daughter? No. If he's searching for this shit, I don't want to let this go and then read 5 years down the road he molested somebody and I didn't do anything about it."

    I'm just glad I didn't spend much time working on the computer, because I'm pretty sure they aren't paying me now!

  59. until it happens to a senator by wardk · · Score: 2, Informative

    we can all expect the inquisition to assume guilt and punish quickly, damn the facts, damn the humans

    it's the price of using Microsoft. meet the new tax

  60. just the ones that have been caught by coyote-san · · Score: 2, Insightful
    You're right that the pedophile rings that have been caught have usually been technologically challenged. We have no idea what the guys who haven't been caught are doing.

    This is normally a bullshit argument since we could use it to make literally any claim, but this is a unique situation since some of the malware out there is quite sophisticated (e.g., using private digital certificates on control channels) and the idea of a combination VPN/P2P network to host illegal material is fairly obvious to anyone with a technical background. Sufficiently motivated people (e.g., people facing decades in prison) will make the effort to contact the malware producers who can provide secure channels.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken