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Canadian Charges Against US Manga Reader Dropped

tverbeek writes "The U.S.-based Comic Book Legal Defense Fund and the Canada-based Comic Legends Legal Defense Fund have announced that the Canadian government has withdrawn all criminal charges in R. v. Matheson, a case which involved a U.S. citizen who was arrested and faced criminal charges in Canada relating to manga found on his computer when he entered the country. Customs agents declared the illustrations of fictional characters to be 'child pornography.' The defendant, a 27-year-old comic book reader, amateur artist, and computer programmer, has been cleared of any criminal wrongdoing. Despite financial assistance from the CBLDF and CLLDF, he has an outstanding debt of $45K for his defense."

16 of 298 comments (clear)

  1. Drop charges == pay? by MobyDisk · · Score: 5, Insightful

    If you drop charges from the case then you should pay the legal fees for the defense. Or is this up to the judge?

    1. Re:Drop charges == pay? by sjames · · Score: 5, Interesting

      How about if you drop charges you pay for the defense to date (and a reasonable compensation for any jail time or lost opportunities) but if you prosecute and fail you pay triple. Just to make sure there's no dirty dealing, if you manage through misconduct to get a conviction you shouldn't have, you get to do the time yourself.

  2. Justice for those who can afford it. by Ultra64 · · Score: 5, Insightful

    gee, only $45,000 in debt

    1. Re:Justice for those who can afford it. by citab · · Score: 5, Insightful

      who says he could afford it? he didn't have a choice but to defend himself.

    2. Re:Justice for those who can afford it. by tmosley · · Score: 5, Funny

      Don't you know that you are supposed to roll over when the government tells you to?

      You must be a TERRORIST!

    3. Re:Justice for those who can afford it. by jdgeorge · · Score: 5, Funny

      Fair? Ha! This is the US "Justice" System we're talking about, fair has nothing to do with it!

      Except that Canada technically isn't one of the United States. It's more like Puerto Rico, or the District of Columbia.

  3. shitty summary strikes again! by gl4ss · · Score: 5, Informative

    the important bit from the actual article.
    "Mr. Matheson has agreed to plead to a non-criminal code regulatory offense under the Customs Act of Canada. As a result of the agreement, Matheson will not stand trial. The defense of this case was waged by Michael Edelson and Solomon Friedman of Edelson Clifford D’Angelo LLP. The full Notices of Application detailing Edelson’s defense and outlining the outrageous and unlawful treatment Matheson endured are available here: Charter Notice and Jan 15 12 – Matheson Charter Notice."

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    world was created 5 seconds before this post as it is.
    1. Re:shitty summary strikes again! by tqk · · Score: 5, Insightful

      the important bit from the actual article.

      I beg to differ. The important bit from the actual article:

      He was subjected to abusive treatment by police and a disruption in his life that included a two-year period during which he was unable to use computers or the internet outside of his job, severely limiting opportunities to advance his employment and education. ... Matheson was even told by police transporting him to prison that "if you get raped in here, it doesn't count!"

      What a !@#$ing travesty, and for a comic book! Sue for malicious prosecution. They admitted their guilt when they dropped it. That it took them two years and $31,000.00 from two advocacy orgs PLUS, is even worse! Both those orgs and Ryan deserve to be compensated for this cluster!@#$.

      And I don't even *get* Manga. Holy Kafkaesque, Batman! :-P

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    2. Re:shitty summary strikes again! by hairyfeet · · Score: 5, Interesting

      Well don't forget we now have actual thoughtcrime here in the USA, never thought I'd see the day but we have. There have been not one but TWO people thrown in jail for thoughtcrime, one the writer of the "pro pedo" book which put his thoughts on paper, no pictures, no drawings even (although i think it is bullshit that they can try to charge you for crimes against a child that doesn't actually exist, what's next get busted for a book with vamps or elves in it? they look Lolita) and the other was a guy that was actually told by his shrink to write his fantasies down in a diary so he could sit down with the shrink and discuss them. Both are in jail for thoughts on a page which if that isn't the very definition of thoughtcrime i don't know what is.

      basically the whole damned thing has gone insane, its like the red scare all over again. and the worse part is its not doing a damned thing about those that actually abuse children for profit, hell there is an article on wikileaks by a guy that sells CP where he is laughing his ass offf at the whole thing. he talks about what a joke the system is, how easy it is for him to get around it, and how just for fun and to give cops something to do he'll occasionally pay malware writers to dump some CP on some dumbass who gets a bug and point the cops towards it just to watch some random schmuck suffer. You can tell by reading his article he's the type that would throw bricks off a busy overpass just to see some random suffering, a real sick fuck, yet he lives like a king and doesn't worry about shit. sadly talking to a friend that works catching CP for the state crime lab i now know why, the prosecutors have no desire to go after guys like him because it crosses state lines and would mean they don't get the credit or press conferences that advance their career,so in the end its all worthless, just another case of doing "something" no matter how stupid, pointless, nor how many lives it destroys, because "something" gets them elected while "something that works' don't. this whole fucking system is just rotten and foul, no other word for it, foul.

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      ACs don't waste your time replying, your posts are never seen by me.
  4. Re:"Anime and manga" by girlintraining · · Score: 5, Insightful

    "Mr. Matheson has agreed to plead to a non-criminal code regulatory offense under the Customs Act of Canada."

    Hey look buddy, we know you're going to sue the pants off of us if we don't nail you with something, so our lawyers found this obscure section of the customs code that is really vague and could nail anyone, because heh, that's what it's there for, and anyway, yeah... you're guilty, and your sentence is, er, nothing. But the important thing here is that justice was served: Namely, We Got Our Man(tm). Er, sorry about ruining your life dude... sorta. Okay, not really. Heh heh, eh? Now if you'll excuse us, we have to go watch videos of ourselves beating the crap out of a bunch of illegal immigrants as part of some 'sensitivity training'. It's mandatory, and so the boss made it BYOB. Man this job sucks... they don't pay for the beer. My last law enforcement job paid for the beer... oh .. crap... is this thing still recording?

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  5. Drawings != child porn by Fjandr · · Score: 5, Insightful

    As distasteful as it may be in the case of images produced with the intent to be a form of child pornography, it sickens me to see artificially-produced images classified as child pornography. It opens the door to criminally penalizing people for something which must be judged based solely on opinion. There cannot be an objective judgment that an artificially-produced image constitutes "underage pornography," and criminal penalties should be based as closely on objectivity as possible.

    These resources should be directed toward finding and jailing people who produce child pornography using actual children, not those who produce images which require (sometimes highly) subjective interpretation.

    1. Re:Drawings != child porn by mhajicek · · Score: 5, Funny

      You: "I swear, that drawing of a girl is 18."

      Officer: "She looks 17 to me, I'm bringing you in."

      You: Draws sketch of girl holding up drivers license showing age 18.

      Officer: "Well OK then, but I'm watching you."

      Should drawings of killings be considered the same as murder?

  6. Re:"Anime and manga" by Princeofcups · · Score: 5, Interesting

    The hell? Makes it sound like all anime and manga have naked children in them.

    There's the mistake that everyone makes. The child pornography laws came about as a way to protect children from being exploited, i.e. abused, in the creation of said pornography. How this ever turned into "mind crime" is crazy. Now people accept that the possession of any representation, i.e. drawing, of an child, i.e. under the age of 18, in a sexual fashion is criminal. How did we ever get from one to the other?

    --
    The only thing worse than a Democrat is a Republican.
  7. Re:Be falsely accused, become poor by NormalVisual · · Score: 5, Informative

    It's called a "court-appointed attorney", and it's generally the quality of legal care that you would get by going to a free clinic.

    In most places in the US, if you have assets of any kind (car, etc.) or even just have a job, you're likely to be denied a court-appointed attorney.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  8. Re:"Anime and manga" by GmExtremacy · · Score: 5, Insightful

    Better that people like Al Capone run free than innocent people be punished.

  9. Canada is extremely strict in their customs by Anonymous Coward · · Score: 5, Interesting

    This is from Ryan Matheson's Statement available here: http://cbldf.org/homepage/ryan-mathesons-personal-statement/

    "Canada is extremely strict in their customs and immigration process — probably the strictest in the world — and should exercise extreme caution if you travel there."

    I agree! In my pervious job I would travel to Canada from Michigan to approve equipment built in Canada from our specifications. This was usually $500,000.00 to $1,000,000.00 USD amount going INTO the Canadian ecomony.

    This is how my last three trips went.

    1. Entering Canada they pulled me over to be searched. They asked me the same question about 10-15 times trying to get me to say that I was working illegally in Canada without a work permit. I was not and they did not trip me up. They went through all my papers opened every compartment in the car and made a huge mess.

    2. For a VACATION to Toronto to spend my own money in Canada I was threatened to be searched and finger printed while I was in the middle of driving about 12 hours after work.

    3. On my most recent trip to approve equipment I had no problems. This is because I decided to start over with a new company in the US to build the equipment. If they want to treat me like a criminal then I have no reason to do business there.

    As a side note this equipment is destined to other countries around the world so I have some experience with other customs inspections. You can fly to Europe, go to several countries and no one will even ask you why you are there. If you cross to Canada and back from the US expect to be interrogated and searched. BS.