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Manga Images Depicting Children Lead to Conviction in UK

An anonymous reader writes with this news from the UK, as reported by Ars Technica: A 39-year-old UK man has been convicted of possessing illegal cartoon drawings of young girls exposing themselves in school uniforms and engaging in sex acts. The case is believed to be the UK's first prosecution of illegal manga and anime images. Local media said that Robul Hoque was sentenced last week to nine months' imprisonment, though the sentence is suspended so long as the defendant does not break the law again. Police seized Hoque's computer in 2012 and said they found nearly 400 such images on it, none of which depicted real people but were illegal nonetheless because of their similarity to child pornography. Hoque was initially charged with 20 counts of illegal possession but eventually pled guilty to just 10 counts.

315 of 475 comments (clear)

  1. pics? by Anonymous Coward · · Score: 1

    inquiring minds want to see

    1. Re:pics? by JMJimmy · · Score: 5, Insightful

      You joke but it creates a legal nightmare. What is "illegal" imagery and what is not? Whether the judge finds them "repulsive" or not? How do you determine the age of a drawn character? How realistic does it have to be? (ie: do stick figures count?) Is a sexual act/"nudity" required or is suggestive imagery enough?

      By the ambiguity of the law/ruling something as simple as Sailor Moon could be illegal.

    2. Re:pics? by sabri · · Score: 4, Insightful

      Like I said yesterday:

      I've said it many times before, and will say it again. The UK is not what it used to be. It used to be the bastion of European freedom, the saviors against Hitler.

      At this time, they're exactly the opposite. They're on the front-lines of oppression, limiting freedom of speech and monitoring online and offline behavior all in the name of "save the children".

      --
      I'm not a complete idiot... Some parts are missing.
    3. Re:pics? by wrook · · Score: 5, Interesting

      When I was living in Japan, a friend asked me to send him a copy of Inu Yasha volume 1 so he could give it to his daughter. She wanted to use it to help study the Japanese language. It was her favorite anime and she wanted to read the manga. I was about to send it to him and noticed that there is a scene with Kagome (the heroine) bathing naked. She's meant to be 14. Not wanting to get my friend involved in importing child porn, I ended up not sending it. It is a shame that a 14 year old girl can't read her favorite manga because there is a picture of a naked 14 year old girl in it. Laws are laws, though...

    4. Re: pics? by Anonymous Coward · · Score: 1

      The Tom Hanks movie "Big" could be classified as child porn. A 10 year old boy in a magically mature body had sex.

    5. Re:pics? by Bengie · · Score: 1

      What are the ages of those two genitalia?

    6. Re:pics? by Bengie · · Score: 1

      Don't sorry, Netflix USA has anime with under 16 girls exposed breasts. Nudity != porn. But you can almost never be too careful.

    7. Re:pics? by ebno-10db · · Score: 1

      In other words, the same sad story as the US.

    8. Re:pics? by joemck · · Score: 2

      Non-sexualized nudity with genitals not emphasized or even visible does not exactly qualify as porn. For instance, a painting of a mother bathing a small child is not kiddie porn.

    9. Re:pics? by Kokuyo · · Score: 1

      You sure? For how long? Until someone thinks otherwise?

      Considering it's become problematic for a father who's taking his kids to a playground to take a photo of them playing nowadays, I'm not so sure your common sense is applicable nowadays.

    10. Re:pics? by donaldm · · Score: 1
      If you look at Manga and Anime today and in the past most female and even male central characters are 14 and under. Also nudity of children (exception are explicit sexual acts) is not frowned upon like it is done in so called moral countries. I guess the UK will have to put most of the population of Japan behind bars :) . In addition China and Korea also produce the equivalent of Manga and Anime so maybe the moral minority will have to act on these countries as well.

      By the ambiguity of the law/ruling something as simple as Sailor Moon could be illegal.

      Yes it is kind of worrying.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    11. Re:pics? by carnivore302 · · Score: 1

      Don't forget the Netherlands, home of the wiretapped and land of the supervising committees.

      --
      Please login to access my lawn
    12. Re:pics? by cygnwolf · · Score: 1

      less than a day old at the time I'm writing this....

      --
      Free Pie! The Pie is Also Evil!
    13. Re: pics? by kmoser · · Score: 1

      Might as well arrest anybody who has ever seen this photo of Phan Th Kim Phúc (napalm girl) http://en.wikipedia.org/wiki/P...

    14. Re:pics? by Paul+server+guy · · Score: 1

      Non-sexualized nudity with genitals not emphasized or even visible does not exactly qualify as porn. For instance, a painting of a mother bathing a small child is not kiddie porn.

      Acttually some guy was busted for having pictures of his infant daughter bathing on his phone. (Was posted on /., but I'm too lazy to look it up.)

      --
      Your Moon, Your Mission, Get involved! http://www.openluna.org
    15. Re:pics? by Optali · · Score: 1

      How do you determine the age of a drawn character? How realistic does it have to be? (ie: do stick figures count?) Is a sexual act/"nudity" required or is suggestive imagery enough?

      By the ambiguity of the law/ruling something as simple as Sailor Moon could be illegal.

      Indeed, I thought exactly the same.

      Female Manga characters are generally drawn with "childish" features even when they depict somebody supposed to be rather adult: What age could Rei Ayanami or Asuka Lnagley be judging by her face only? 15? 14? (please, don't let these judges know their "real" age, else they will try to get the whole Neon Genesis staff behind bars). hell, even Kusanagi Motoko looks sometimes "underage"... not to talk when characters become "Chibi".

      Chances are that they will criminalize people for reading/owning material that depicts perfectly adult characters.

      An now that we talk about underage nudity: What about all these obnoxious "puttii" and "cherubs" that plagued Western art for centuries? Not that I would care if they were banished from public display, mind you!

      --
      -- 29A the number of the Beast
  2. Good riddance. by Anonymous Coward · · Score: 5, Funny

    Now maybe we can finally move on to locking up those with pictures of people illegally downloading music or drawings of addicts using heroin.

    1. Re:Good riddance. by idontgno · · Score: 1

      Weird Al is goin' to jail?

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    2. Re:Good riddance. by schlachter · · Score: 5, Insightful

      or imagining a crime happening...or writing a novel about it...or drawing it...oh the horror

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    3. Re:Good riddance. by wisnoskij · · Score: 1

      A better analogy would be locking up people for downloading movies/songs that look like they are copyrighted.

      --
      Troll is not a replacement for I disagree.
    4. Re:Good riddance. by Cederic · · Score: 5, Interesting

      Actually Government ministers have stated a desire to extend the law to written materials.

      Since the laws on images include scenes of bondage, the moment they extend it to written materials I'm bringing around 400,000 private prosecutions against women that own 50 Shades.

    5. Re:Good riddance. by ShanghaiBill · · Score: 1

      Does the law also ban books or stories about underage sex acts?

      No, I don't think so. According to Wikipedia, UK child porn laws only ban indecent images of children under 18, where "image" can apparently be a drawing, as well as a photo. A book or story without images is not illegal. But IANAL.

    6. Re:Good riddance. by Trailer+Trash · · Score: 1

      Now maybe we can finally move on to locking up those with pictures of people illegally downloading music or drawings of addicts using heroin.

      Or people in possession of certain dead plants. Oh, wait.

    7. Re:Good riddance. by Jane+Q.+Public · · Score: 2

      No, I don't think so. According to Wikipedia, UK child porn laws only ban indecent images of children under 18, where "image" can apparently be a drawing, as well as a photo.

      It should probably be pointed out that this is the primary difference between UK and US in this regard.

      Some years back -- maybe 6 or 8 years ago, I guessing, I don't really remember -- they U.S. Supreme Court ruled that for something to be "child pornography" it had to be recordings of real children (i.e., picture or video) and it had to be real pornography.

      Now, IANAL either, but I believe States can regulate something like that as "obscene" material, but not child pornography. And they would risk the state law getting overturned by SCOTUS again.

    8. Re:Good riddance. by SuricouRaven · · Score: 1

      The law banning 'extreme pornography' has an exemption for BBFC classified materials - otherwise much of the output of Hollywood would be illegal to possess. They couldn't come up with a definition for extreme porn that wouldn't include at least a few big hollywood movies (Casino Royale was often cited as en example, as it came out around the same time), so that exemption was put in. I imagine there would be a similar exemption for material distributed by a recognised publisher.

    9. Re:Good riddance. by Cederic · · Score: 1

      My understanding is that 50 Shades started life as badly written fanfic, so it's still an excellent example of how stupid such a law would be.

    10. Re:Good riddance. by SuricouRaven · · Score: 1

      It still is badly written. I've not read it, but I've skimmed through it, and the sex scenes... not good. The wording is awkward, it doesn't seem to flow right. I've seen far better writing in other works of erotica on the internet.

    11. Re:Good riddance. by Talderas · · Score: 1

      "Badly written" is an extraneous modifier for fanfic.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    12. Re:Good riddance. by schlachter · · Score: 1

      put god in jail!

      ha, just kidding.

      there is no god.

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    13. Re:Good riddance. by romons · · Score: 1

      This is different. Nobody gets high from pictures of heroin.

      OTOH, the real reason why kiddie porn is illegal is because manufacturing it is harmful to the kiddies. No kiddies are harmed in the making of Manga, though, so it should not be illegal, in my opinion. In fact, it seems like a far better sexual outlet for the small percentage of men who like this sort of stuff than actual kiddies, so I'd say it should be encouraged by society. Making something illegal doesn't stop demand, as the 'war on drugs' and prohibition has clearly shown.

      --
      Go to Heaven for the climate, Hell for the company -- Mark Twain
  3. Coming up by Anonymous Coward · · Score: 1

    MILFs with tentacles?

  4. Moral Imperialism by damicatz · · Score: 5, Insightful

    Similarity to child pornography? Is there really someone so stupid that they cannot tell the difference between a cartoon drawing and a real child?

    1. Re: Moral Imperialism by Anonymous Coward · · Score: 5, Insightful

      There appears to be an entire united kingdom whose legal system is populated with such people.

    2. Re:Moral Imperialism by DiamondGeezer · · Score: 2

      No. But such is the moral panic over child molestation in the UK that no-one dare stand up and defend him.

      --
      Tubby or not tubby. Fat is the question
    3. Re: Moral Imperialism by IamTheRealMike · · Score: 5, Interesting

      Is there really someone so stupid that they cannot tell the difference between a cartoon drawing and a real child?

      There appears to be an entire united kingdom whose legal system is populated with such people.

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      Unfortunately a lot of crap like this ends up being brought into otherwise sane legal systems thanks to pressure from the USA to "upgrade" national laws to meet the "latest standards". Japan has been pressured for years to tighten its CP laws, being publicly named and shamed etc - the primary justification for not doing so was fear of false positives. Like this one. And like the notorious cases where two teenagers can legally have sex but not photograph themselves doing it.

      Fact is, politicians love being able to say they made the law tougher on paedophiles. It's a sure popularity winner. So it's inevitable you end up with idiocy like this.

    4. Re:Moral Imperialism by monochromefx · · Score: 4, Interesting

      He should pay restitution to the victims, except that there are none. In the US, the Supreme Court overturned a similar, Clinton era, law on the basis that there are no proven victims.

    5. Re:Moral Imperialism by i+kan+reed · · Score: 1

      Well, yeah, when BBC's Jimmy Savvile, the media just didn't have any nonces left to stand up for the oppressed.

    6. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      How is that anything but a violation of the first amendment?

    7. Re:Moral Imperialism by The+Ickle+Jones · · Score: 1

      So the "'net neutrality" rules every idiot is screaming for means that ISPs will be required to scan for and block this from being transmitted over their networks.

      That doesn't follow. Net neutrality doesn't mean they have to stop 'illegal' content from being transmitted.

    8. Re: Moral Imperialism by damicatz · · Score: 3, Insightful

      The bill of rights is a myth. The very people who they are supposed to limit are the ones in charge of interpreting said limits. As soon as the supreme court gave itself the power of judicial review (despite no such power existing in the constitution), it was over. The US constitution was an interesting experiment, but it failed.

    9. Re: Moral Imperialism by style7711 · · Score: 1

      Uk not `Merica

    10. Re: Moral Imperialism by WWJohnBrowningDo · · Score: 5, Informative

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      You apparently missed some important details. I have highlighted them for you.

    11. Re: Moral Imperialism by Anonymous Coward · · Score: 1

      Don't think it can't happen here: http://en.wikipedia.org/wiki/Mike_Diana

    12. Re: Moral Imperialism by Holi · · Score: 2

      Follow the thread. Remember discussion starts with the article but rarely ends there.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    13. Re: Moral Imperialism by angel'o'sphere · · Score: 2

      Firstly: the first amendment is for the painter of the cartoon, not for the one watching it.
      Secondly: the first amendment refers to the USA not to the UK.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    14. Re: Moral Imperialism by Dixie_Flatline · · Score: 5, Insightful

      Don't forget Australia's law where if the person looks young, it counts as CP. It effectively puts a ban on taking pictures of women with small breasts (if they're in their 20s or otherwise look young). http://theweek.com/article/ind...

      What this means is that it would be illegal to take pictures of a young-ish looking 24 year old with A-cups, but perfectly legal to have sex with her 16-year-old sister as long as you didn't take pictures of it.

      Remember, laws always exactly reflect what is moral. If it's not illegal, it's not immoral!

    15. Re:Moral Imperialism by Noxal · · Score: 1

      In the mind of the pedophile they all serve the same purpose: to arouse lust towards children. I don't think stimulating sexual lust towards children is something society finds acceptable.

      I don't know about you but I would very much prefer that a pedophile sate his or her urges with fictitious material than to actually molest children or add to the actual child pornography market.

    16. Re: Moral Imperialism by The+Ickle+Jones · · Score: 2

      In other words, you're opposed to freedom of speech and want government thugs to be able to ban material that is subjectively deemed to be 'bad' by a subjectively vague group of 'sane' people for the ambiguous "public good" that you can't even scientifically define. Good to know that 'the land of the free and the home of the brave' is willing to sacrifice fundamental liberties for safety, and false safety at that.

    17. Re: Moral Imperialism by The+Ickle+Jones · · Score: 2

      Firstly: the first amendment is for the painter of the cartoon, not for the one watching it.

      That's nonsense. Part of being able to send messages is allowing others to receive them. Obviously the government can't just destroy people because you spoke in front of them. There's no point to free speech if others aren't allowed to hear you speak.

      But even if that weren't true, in the US, the government can only do what the constitution says it can. If the constitution doesn't say the government can prohibit this material, then it can't.

      Secondly: the first amendment refers to the USA not to the UK.

      You failed to read the post I responded to.

    18. Re:Moral Imperialism by cptdondo · · Score: 1

      But weren't CP laws enacted to protect victims? and to punish those that abuse said victims?

      Since there are no victims, doesn't seem to me to even meet the common-sense definition of a crime.

    19. Re: Moral Imperialism by gweihir · · Score: 2

      So that means a person can paint such images, but cannot look at them or possess them? That does not make any sense. Like most of these laws.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    20. Re: Moral Imperialism by Verdatum · · Score: 4, Insightful

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. . . . [A]ll executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution." If the constitution is the supreme law, and the judges must support its supremacy, the only way I can perceive of upholding this is by way of judicial review. It might not be explicit in the constitution, but this is a very strong implication.

    21. Re:Moral Imperialism by cold+fjord · · Score: 3, Interesting

      No. But such is the moral panic over child molestation in the UK that no-one dare stand up and defend him.

      I don't think you could build a good case that "moral panic" over child molestation is the biggest problem the UK has in this regard, viz:

      Rotherham child abuse scandal: 1,400 children exploited, report finds

      Prof Jay said: "No-one knows the true scale of child sexual exploitation in Rotherham over the years. Our conservative estimate is that approximately 1,400 children were sexually exploited over the full inquiry period, from 1997 to 2013."

      Revealing details of the inquiry's findings, Prof Jay said: "It is hard to describe the appalling nature of the abuse that child victims suffered."

      The inquiry team found examples of "children who had been doused in petrol and threatened with being set alight, threatened with guns, made to witness brutally violent rapes and threatened they would be next if they told anyone ....

      The report found: "Several staff described their nervousness about identifying the ethnic origins of perpetrators for fear of being thought as racist; others remembered clear direction from their managers not to do so."

      Failures by those charged with protecting children happened despite three reports between 2002 and 2006 which both the council and police were aware of, and "which could not have been clearer in the description of the situation in Rotherham".

      No indeed, it appears the "moral panic" you are looking for is not about child molestation.

      Rotherham child sexual abuse scandal is tip of iceberg, says police chief

      There will be more Rotherham-style child sexual exploitation scandals unearthed in the coming months as the “stone is lifted” on the scale of abuse perpetrated on the young, one of Britain’s top police officers has warned.

      Children are being abused an hour after being groomed online, Rotherham sex abuse scandal expert warns

      Paedophiles are abusing children in real life within an hour of grooming them online, the professor who led the investigation into the Rotherham sex abuse scandal has warned.

      Professor Alexis Jay, who compiled a report into how gangs of mainly Asian men groomed, terrorised and abused 1,400 girls as young as 11 in Rotherham over a 16-year period said sex abuse went on undetected in many other areas across Britain.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    22. Re: Moral Imperialism by angel'o'sphere · · Score: 1

      If the constitution doesn't say the government can prohibit this material, then it can't.
      However the constitution does not say that :D

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    23. Re: Moral Imperialism by BitterOak · · Score: 2

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      True. Then the U.S. Supreme Court struck down that law as well.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    24. Re:Moral Imperialism by gweihir · · Score: 2

      The problem is that there are a lot of things some people, sometimes even many people, find not acceptable, but it is still a very bad idea to make them criminal. For example, there are lots of people that do not like atheists. Make that criminal?

      And then there is the little problem that all these arguments are based on escalation (i.e. first they look at images then they rape children), while substitution also has merit (i.e. instead of raping children, they just look at pictures). Without a solid scientific basis, outlawing drawings could well result in much more harm to children. Despite what the public seems to believe, there is no "obviously" here. It might even be necessary to allow some people free access (because they substitute), while strictly denying it to others (because they escalate). Any knee-jerk reactions, like the current ones and those of the near past are likely to do more harm than good (i.e. get more children abused), if history is any indicator.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    25. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      So the "'net neutrality" rules every idiot is screaming for means that ISPs will be required to scan for and block this from being transmitted over their networks.

      That doesn't follow. Net neutrality doesn't mean they have to stop 'illegal' content from being transmitted.

      It's very specific, in many sections, that the neutrality rules apply only to "lawful content". That phrase is all over the proposed rules, as well as the even more troubling phrase "lawful network traffic". So... how do you distinguish between what is "lawful" or not? You must inspect the content (or the protocol, in the case of "lawful network traffic"). The devil is always in the details.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    26. Re:Moral Imperialism by anagama · · Score: 1

      It sounds like you are thinking the drawings encourage pedophilia when perhaps, allowing drawings protects real children. There is probably a genetic predisposition or sometimes, organic brain diseases that in most cases, won't be "cured" ( http://articles.latimes.com/20... ). So, if instead we look toward harm reduction, using drawings is a perfect solution because it gives an outlet that harms absolutely nobody and may well serve as an alternative to actually hurting kids for those infected with this disease.

      --
      What changed under Obama? Nothing Good
    27. Re:Moral Imperialism by cold+fjord · · Score: 1

      Is it legal to make counterfeit money even if you never attempt to use it?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    28. Re: Moral Imperialism by angel'o'sphere · · Score: 2

      It is like having a file under unix with an x flag but no r flag :D

      Yeah, ofc it does not make real sense.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    29. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Net neutrality doesn't mean they have to stop 'illegal' content from being transmitted.

      I should also point out that there is a very clear difference between "illegal" and "unlawful". Basically, the difference comes down to control. "Illegal" means there is a law that forbids it. Assault, for instance, is illegal. By contrast, "lawful" means there is a law or rule that specifically allows it. I like to use jaywalking as the example. Except in very rare exceptions, it is not illegal to jaywalk. It is, however, unlawful, because the law only specifically allows crossing the street at a crosswalk.

      That is why the proposed 'Net neutrality rules use the term "unlawful".

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    30. Re:Moral Imperialism by The+Ickle+Jones · · Score: 1

      It's very specific, in many sections, that the neutrality rules apply only to "lawful content".

      Well, that's a bunch of nonsense, then. Net neutrality should just be about ensuring... net neutrality; it should never be about determining the legality of content.

    31. Re:Moral Imperialism by tibit · · Score: 2

      "to arouse lust towards children" One could equally say that this satisfies said lust without, you know, involving any real children...

      --
      A successful API design takes a mixture of software design and pedagogy.
    32. Re: Moral Imperialism by AthanasiusKircher · · Score: 2

      The very people who they are supposed to limit are the ones in charge of interpreting said limits. As soon as the supreme court gave itself the power of judicial review (despite no such power existing in the constitution), it was over.

      I don't understand the logic here. The Framers intended a set of checks and balances. If the Supreme Court lacks judicial review, doesn't that mean Congress has basically unchecked power to pass unconstitutional laws? How could a set of rights last very long when the people could just elect a bunch of representatives who might ignore those rights, e.g. in a time a crisis?

      SCOTUS may be far from perfect, but they did in fact hold some lines checking federal power until roughly 1936-38, after which they basically let the federal government do what it wants (except in truly egregious cases... Most of which, guess what -- involve the Bill of Rights).

    33. Re: Moral Imperialism by WWJohnBrowningDo · · Score: 1

      Yes, it does:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    34. Re:Moral Imperialism by Beezlebub33 · · Score: 1

      IANAL, but it's tricky. If you make a fake $20 bill, put it in a frame, and call it 'art', then you're probably ok. If you start printing lots of them, putting them in the dryer, trying to replicate the security features, then you're in trouble. Nobody will believe you when you say you were just making them for the fun of it.

      --
      The more people I meet, the better I like my dog.
    35. Re: Moral Imperialism by Yakasha · · Score: 2

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. . . . [A]ll executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution." If the constitution is the supreme law, and the judges must support its supremacy, the only way I can perceive of upholding this is by way of judicial review. It might not be explicit in the constitution, but this is a very strong implication.

      <emotion>
      Fuck your implication because

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      It is The People's job, or perhaps the State's, to decide if abridging our freedom of speech, including yelling "Fire!" in a crowded theater, is Constitutional.

      Since the 10th is being ignored, then who the fuck cares what the rest of the Constitution says? The Constitution says that no law can abridge the freedom of speech. But we now have definitions of what is "protected speech" and what is not. Some of it is covered by the Constitution, and some is not. Same with guns, and trials, and warrants, and everything else in there. The "Supreme Law of the Land" only applies when the Supreme Rulers of the Land decide it does... which means it, including the part you quoted, is as valueable as King George's pinky swear to not abuse the colonies.
      </emotion>

      Welcome to earth, citizen.

    36. Re:Moral Imperialism by mrchaotica · · Score: 2

      It's very specific, in many sections, that the neutrality rules apply only to "lawful content".

      Right, net neutrality requires you not to discriminate against lawful content. If it is silent on the issue of unlawful content, that would mean you have the option of discriminating against it. It does not mean you're somehow "required" to discriminate against it. You're conflating net neutrality's actual requirement with its inverse.

      So... how do you distinguish between what is "lawful" or not?

      You assume everything is lawful and don't discriminate against anything. Easy-peasy. Half the point of being a "common carrier" is that you're not liable for the unlawful content you transmit (specifically in recognition of the fact that figuring out what would be lawful or not is a pain in the ass).

      Now, either you knew this or you should have known it before posting; yet you misrepresented it anyway. Therefore: STFU, troll!

      --

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

    37. Re: Moral Imperialism by king+neckbeard · · Score: 2

      They made the law apply when content was obscene, but that means it has to fail all three prongs of the Miller test, which is very difficult to do, and would be arguably impossible for any drawing to be without any artistic value (prong three) and be patently offensive (prong two) at the same time.

      --
      This is my signature. There are many like it, but this one is mine.
    38. Re:Moral Imperialism by anagama · · Score: 1

      What makes you think Cold Fjord is for small government? He's the NSA's most prolific /. shill.

      --
      What changed under Obama? Nothing Good
    39. Re:Moral Imperialism by JasonGoatcher · · Score: 1

      The problem is that there are a lot of things some people, sometimes even many people, find not acceptable, but it is still a very bad idea to make them criminal. For example, there are lots of people that do not like atheists. Make that criminal?

      And then there is the little problem that all these arguments are based on escalation (i.e. first they look at images then they rape children), while substitution also has merit (i.e. instead of raping children, they just look at pictures). Without a solid scientific basis, outlawing drawings could well result in much more harm to children. Despite what the public seems to believe, there is no "obviously" here. It might even be necessary to allow some people free access (because they substitute), while strictly denying it to others (because they escalate). Any knee-jerk reactions, like the current ones and those of the near past are likely to do more harm than good (i.e. get more children abused), if history is any indicator.

      As someone who suffers from pedophilia urges, I agree with this. I committed a lot of sexual crimes before I turned 18. It's therapy plus porn access that keeps me from having a criminal record. I agree wholeheartedly that pedophilia is a horrible thing, but that doesn't change my sexual urges even a little bit.

      People don't seem to realize that a lot of pedophiles( I have no idea what percentage) simply get urges and that those urges have nothing to do with a desire to harm children. When I was actively seeking children to molest, none of them were afraid of me, they loved being around me. And some actually enjoyed being molested, though I know that doesn't make it okay. The harm came when they got older and realized the gravity of what had occurred, at which time I was long gone.

    40. Re: Moral Imperialism by lgw · · Score: 1

      Obscenity laws are much less restrictive than the witchhunt-inspired CP laws. Obscenity laws only ban the sale, and public display/performance of material. They don't ban possession, and IANAL but I don't know of any states where they ban the free, private distribution of material. Very different from the CP laws, which are overt prior restraint.

      I don't find sensibly-written obscenity laws objectionable - that's just product regulation of a sort. If a local government wants to outlaw the sale of cartoons, or bomb-making instructions, or whatever, well, if they can demonstrate a strong interest of the state in doing so, and also that this is the least-restrictive means to achieve that objective, then go for it.

      It's outlawing possession or non-commercial private distribution of "objectionable materials" that alarms me: it's only a matter of time before anti-party-in-power political speech joins the list of "objectionable material", if history is any guide.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    41. Re: Moral Imperialism by JesseMcDonald · · Score: 2

      It's perfectly reasonable for the Supreme Court to have the power to review laws and strike them down as unconstitutional. The problem enters when they presume to declare a law constitutional, or when failure to strike down a law is taken as affirmation of the same. An unconstitutional law is void whether or not the Supreme Court rules against it. It is not within Congress's authority to pass such a law, nor does the Executive have the authority to enforce it.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    42. Re:Moral Imperialism by MitchDev · · Score: 1

      SHOULD BE doesn't meet reality very often, especially in cases like this.

      Government is about having and gaining power, the government doesn't like freedom, it hurts their power and control.

    43. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      I don't find sensibly-written obscenity laws objectionable

      You don't find laws that ban material subjectively deemed to be "obscene" objectionable? Freedom of speech is far, far, far, far, far, far, far more important than satisfying worthless puritan scumbags and their subjective moral values.

      Don't like it? Try not to look at it.

      If a local government wants to outlaw the sale of cartoons, or bomb-making instructions, or whatever, well, if they can demonstrate a strong interest of the state in doing so, and also that this is the least-restrictive means to achieve that objective, then go for it.

      That's authoritarian garbage, and no free country should want anything to do with it. Fundamental liberties like freedom of speech are far more important than this trash.

      There is absolutely no such thing as a "sensibly-written" obscenity law; they simply do not exist. Either you support freedom of speech, or you do not. I know which side the obscenity law supporters are on, and it's not on the side of freedom.

    44. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      So, when people devise these tests, are they just out of their fucking minds, or what? Do they not understand the concept of subjectivity or freedom of speech?

    45. Re: Moral Imperialism by angel'o'sphere · · Score: 1

      And?

      Your citation clearly shows I'm right. No idea how you come to the "yes it does" idea.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    46. Re:Moral Imperialism by Luckyo · · Score: 2

      Excellent. I think we should also throw the same book at all those women in possession of smutty image-featuring faux-rape novels. While at it, we should also prosecute every single store selling them.

      Because you know, just because it's faux rape and just because so many women find it enjoyable, it's still clearly a way to satiate those urges to rape. Which is clearly something society finds unacceptable. So jail them all, the filthy criminals.

      In real world on the other hand, definition of crime is usually something that has a victim. Of course, in puritan Anglo states, and especially that with for profit prison system of US, that doesn't apply. In there, crime is something that is used against weak people to extract profits from large tax pool. We've seen it with ridiculous child rape cases of two teens going to jail for "raping each other", and we're seeing it with people using drawings to satisfy sexual urges.

      Frankly, I find the very notion of labelling this kind of activity a crime to be far more obscene than actual pornography, real or drawn.

      UK deserves an honourable mention in this particular insanity, mostly because of its hysterical for-profit printed media that has been trumping up the pedo-scare all while the child rape numbers have been in free fall. https://www.youtube.com/watch?...

    47. Re: Moral Imperialism by AK+Marc · · Score: 1

      Judicial review is Common Law. The people who wrote the Constitution followed Common Law traditions, and wrote a framework that was directly modeled from Common Law. The Constitution doesn't give Congress the right to have a recess. It just allows them to do so as a necessity of performing their duties. The same is true of Judicial Review. It's impossible to judge the law if the words in the law are undefined. So Judicial Review is necessary to view the law. That they view not only the word of the law, but the spirit as well sometimes, is a product of Common Law.

      We rejected Civil Law at the time. We were one of the last countries formed to choose from the two, and select Common Law. Everyone else selects the more clear (and fair) Civil Law.

    48. Re: Moral Imperialism by AK+Marc · · Score: 1

      It is The People's job, or perhaps the State's, to decide if abridging our freedom of speech, including yelling "Fire!" in a crowded theater, is Constitutional.

      Yes, but it's the Supreme Court's job to decide if the law about it is Constitutional.

      There's a difference. One would think such a pedant would recognize that.

    49. Re: Moral Imperialism by lgw · · Score: 2

      All law is subjective. The test for this stuff is well-hammered-out. To restrict something, the state must show both that there's a compelling state interest in doing so, and that the ban is the least-restrictive means of achieving that. Restricting commercial sale of something "harmful" is completely within the remit of government. That's different from outlawing the content itself, which is the core of the First Amendment. "Time, place, and manner" restrictions are legit.

      This is much like the distinction between "hate speech," thankfully fully protected, and "incitement to riot" which might the very same content, but in a different time and place.

      What people lose sight of is that these CP laws go farther than obscenity laws, so far that no other material has been allowed to be similarly restricted by the SCOTUS. And I very much fear that's just the camels nose under the tent when it comes to bypassing the First Amendment entirely.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    50. Re: Moral Imperialism by AK+Marc · · Score: 1

      You don't find laws that ban material subjectively deemed to be "obscene" objectionable?

      Nope. Not the sensibly written ones. For those that proclaim the first Amendment supreme, just walk up to them and scream in their ear as loud as you can. Keep it up for 12 days. Ask them about your right to spew anything you want out of your mouth after that.

    51. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      All law is subjective.

      We should minimize subjective laws as much as possible, especially when it comes to things like freedom of speech. Obscenity laws are anti-freedom trash.

      Restricting commercial sale of something "harmful" is completely within the remit of government.

      Obscenity laws restrict content that is deemed to be offensive or objectionable somehow. Like the FCC's censorship. Selling the content is perfectly legit as well.

      Freedom of speech > safety. Even if certain content was magically "harmful" (which is ridiculous anyway), I'm on the side of freedom here.

      "Time, place, and manner" restrictions are legit.

      Have fun with your free speech zones, authoritarian.

      The first amendment makes no such exceptions anyway, not that you necessarily even care.

    52. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      Not the sensibly written ones.

      Such as *what*? How could possibly think it's a good idea to ban material subjectively deemed "obscene" by government thugs? What sort of magical "sensibly written" obscenity laws are you talking about, and what do they entail? Maybe I just have a completely different idea of what an obscenity law is and you're talking about something absolutely different.

      For those that proclaim the first Amendment supreme

      For those that don't, read the damn thing.

      just walk up to them and scream in their ear as loud as you can. Keep it up for 12 days. Ask them about your right to spew anything you want out of your mouth after that.

      Ever heard of "bias"? Even if someone changed their opinion, that would not make their previous opinion wrong.

      Furthermore, you'd have difficulty doing that, as trespassing would prove to be a problem. Once you're on someone else's property, they can kick you off.

    53. Re:Moral Imperialism by bmo · · Score: 1

      So the "'net neutrality" rules every idiot is screaming for means that ISPs will be required to scan for and block this from being transmitted over their networks. Because it's not "lawful content".

      but.that's.wrong.jpg

      Net Neutrality is all about classifying the ISPs as what the other telecom and freight companies are: common-carriers.

      Verizon, as a telephone company, doesn't censor "illegal" voice traffic, does it? They do not, last I checked. That's because Verizon is a common-carrier and is not held liable for telephone content over its wires. UPS is not held liable for a pound of weed being shipped through its system, either, because they are a common-carrier. Being held not liable is exchanged for the duty they have to not discriminate against customers and traffic for the common good.

      Back in the day of the local BBS being your ISP, system operators could discriminate against abusive/disruptive/trolling users (we wanted that freedom, because resources were tight) being able to ban users/delete traffic. Because BBSes were classified as "information services" (as ISPs are classified right now), holding a kind of editorial power, we fought against common-carrier classification because it would have been onerous. But once a sysop exercised editorial power he/she was held liable for illegal/defamatory/copyright-infringing content hosted on the drives.

      Like what happened to Rusty&Edie's.

      ISPs have grown beyond the local BBS for well over a decade-and-a-half and ISPs are no longer "editorial." They have become common-carriers in everything but name, and the ISPs like TimeWarner/Cox/Comcast/Charter, etc, want to have their cake and eat it too - they want to be able to discriminate various kinds of traffic and retain editorial power while being not held liable for that traffic.

      Sorry, no, they don't get to do that. They are now common-carriers and should be classified that way.

      And that's what Net Neutrality is all about.

      --
      BMO

    54. Re:Moral Imperialism by bmo · · Score: 1

      The only true statement in that message is your signature.

      --
      BMO

    55. Re: Moral Imperialism by AK+Marc · · Score: 2

      So you are saying you have the "Right" to cause physical pain (yes, a human can yell loud enough to cause pain), and physical harm, so long as it's "speech". I disagree.

    56. Re:Moral Imperialism by AK+Marc · · Score: 1

      Which rules are those? I've never seen "net neutrality" rules that would have the effect you state.

    57. Re: Moral Imperialism by JMJimmy · · Score: 2

      I hate to burst your bubble, but even as a Canadian I know that's total crap. Only the legislature is required to have powers enumerated. The executive and judicial powers are not required to be enumerated, they are legislated. Article 3 Section 1 of the Constitution gives the power to the Supreme Court. "The judicial Power" - not part of it but the power in its entirety is given. Section 2 of the same enumerates some of them them and includes "all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made". Article 6 binds them.

      If that weren't enough, the Bill of Rights article 3 gives the right to petition for redress of grievances. Assuming all of what I stated was wrong then the judicial review power would reside with the States or the People thanks to article 12. So, would you rather the supreme court, the states, or the people have judicial review rights?

    58. Re: Moral Imperialism by AthanasiusKircher · · Score: 1

      It's perfectly reasonable for the Supreme Court to have the power to review laws and strike them down as unconstitutional.

      But that's the only thing the phrase judicial review generally refers to in the U.S. The Supreme Court has no power to declare any action constitutional -- statutes are by default assumed to be constitutional because Congress is sworn to uphold the Constitution. Judicial review is specifically the power to overrule that default assumption and declare a law unconstitutional. The failure to overturn a law is merely the standard state of the judiciary, whose general purpose is to resolve conflicts within existing law. That's not "judicial review" as the term is commonly understood.

    59. Re: Moral Imperialism by lgw · · Score: 2, Insightful

      Repeated assertions are not argument. "Yes they are!" "No they aren't!"

      There's a world of difference between content-based restrictions and time-place-manner based restrictions - do you agree? Are you okay with someone shouting their political speech through a bullhorn at your window at 3AM? Their non-political speech?

      Do you believe "dry counties" are constitutional? Can a local government restrict the sale of anything the democratic process dislikes? No restrictions at all? Remember, what's "subjective" is subjective - I can find a study supporting any crazy idea.

      Where specifically is your point of objection, or are you just emoting "I want everything I like gimme now"? Believing issues have simple black-and-white answers is something children do while they're learning about the world in all its complexity. The interesting discussion is "what's the right test for allowing the government to restrict this"? "Never ever" is a childish answer.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    60. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      Repeated assertions are not argument. "Yes they are!" "No they aren't!"

      You haven't done anything to justify your authoritarianism, either.

      But really, you haven't explained what these "sensibly written" obscenity laws entail. What the fuck are they? You've given me zero reason to take you seriously.

      There's a world of difference between content-based restrictions and time-place-manner based restrictions - do you agree?

      There are differences, but that doesn't make either acceptable. I'm for absolute free speech. If you have a problem with that, forget it; many individuals have argued with me and accomplished nothing by trying to change my opinion about a completely subjective matter, and in fact, I argued with a number of people in a different article just a day ago.

      Do you think free speech zones are valid? What about the TSA, another time-place-manner-type restriction?

      Their non-political speech?

      What the shit does that have to do with anything? I hope you're not one of those ignorant fools who think that free speech is only about political speech.

      Do you believe "dry counties" are constitutional?

      I believe they're an awful idea and are anti-freedom. I don't know that they're necessarily unconstitutional, though. But they should be.

      Can a local government restrict the sale of anything the democratic process dislikes?

      No, I don't think tyranny of the majority of valid.

      Remember, what's "subjective" is subjective - I can find a study supporting any crazy idea.

      Yes, I suppose so. Now I'm confused. Are you arguing for or against "sensibly written" obscenity laws?

      "Never ever" is a childish answer.

      No, it's a principled answer to me in this case. "childish" is 100% subjective. I think you're childish for desiring this.

      The government should "never ever" murder someone for no reason. Whoops, that's childish. Damn.

    61. Re:Moral Imperialism by AK+Marc · · Score: 1

      It's presumed that the only reason to make it is to use it. It is "victimless" but it's a crime because it's usable, not because it was used. CP has a victim. Child cartoons harm nobody, not even theoretically.

    62. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      "Remember, what's "subjective" is subjective - I can find a study supporting any crazy idea."

      Actually, reading that more closely, that's nonsense. 1 + 1 = 2. That's a fact. If someone says otherwise, they're wrong. Not everything is subjective, even if it's hard to define subjectivity in a rigorous way that includes everything that is subjective. Morality is subjective. Likes/dislikes are subjective.

    63. Re: Moral Imperialism by lgw · · Score: 1

      Ahh, an ideolog, unconcerned with the real world.

      So you're OK with someone shouting through a bullhorn at 3AM? That's a kind of speech right?

      So your OK with lynch mobs, with some addressing an angry crowd shouting "are there any queers in the theater tonight? get them up against the wall! that one looks Jewish, and that one's a coon, who let all this riffraff into the room? get em up against the wall!"

      What about conspiracy to murder - that's speech?

      I'm all for protecting the content of speech, and highly skeptical of any restrictions on political speech, but free speech isn't the only protected right, and often rights come into conflict. The right to speech is not the right to throw a brick wrapped in a note through a window. The right to speech is not the right to deliberately cause real and immediate physical harm to another. The right to speech is not the right to public nudity, though that's certainly a form of free expression.

      And in this day and age, where it's trivial to order almost anything online, a local government restricting the local sale of X doesn't bother me - that's a world of difference from forbidding possession of X.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    64. Re: Moral Imperialism by lgw · · Score: 1

      That rarely comes up in law, is the thing, other than the occasional attempt to redefine pi. Almost all law is banning stuff people simply don't like, backed by studies justifying that opinion. Everything's a trade-off. What's the right tradeoff? What's the best speed limit? Where to set the testing bar for a new drug? Metric or imperial? Free trade or protectionism? Nudity or burkas?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    65. Re: Moral Imperialism by JesseMcDonald · · Score: 1

      The Supreme Court has no power to declare any action constitutional -- statutes are by default assumed to be constitutional because Congress is sworn to uphold the Constitution.

      That assumption is the problem. Congress can pass whatever it wants, and if the Supreme Court doesn't deign to overturn it, it's presumed constitutional—anyone who disagrees is referred back to the Court. That attitude effectively makes the Court the final arbiter of constitutionality, when it is in fact the responsibility of every individual involved to judge the constitutionality of the law and refuse to enforce those which Congress had no authority to pass.

      That may not technically be called "judicial review", but it's what the OP was complaining about—not the practice of overturning unconstitutional laws, but that of upholding ones of dubious constitutionality which the Supreme Court, for whatever reason, has not chosen to strike down.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    66. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      Ahh, an ideolog, unconcerned with the real world.

      Yeah, whatever. I live in a country that's supposed to be 'the land of the free and the home of the brave,' so I kind of expect people to hold freedom (especially fundamental freedoms) in a higher regard than safety. Sadly, I remain disappointed, and not just because they don't do so to the degree that I do. They tolerate the TSA. They tolerate the NSA's mass surveillance. They tolerate a number of egregious violations of individual liberties.

      So you're OK with someone shouting through a bullhorn at 3AM? That's a kind of speech right?

      So your OK with lynch mobs, with some addressing an angry crowd shouting "are there any queers in the theater tonight? get them up against the wall! that one looks Jewish, and that one's a coon, who let all this riffraff into the room? get em up against the wall!"

      What about conspiracy to murder - that's speech?

      "I'm for absolute free speech." Gee, I have no idea.

      The right to speech is not the right to throw a brick wrapped in a note through a window.

      The right to speech is not the right to deliberately cause real and immediate physical harm to another.

      You know, we're in full agreement here. Neither of those things are pure speech.

      The right to speech is not the right to public nudity, though that's certainly a form of free expression.

      Yes, it is a form of free expression, and it should absolutely be allowed. Anyone who says otherwise is an authoritarian.

      And in this day and age, where it's trivial to order almost anything online, a local government restricting the local sale of X doesn't bother me

      Restricting the local sale is pointless, then. But it still infringes upon your freedoms. I can't see why you'd be defending this nonsense.

      Anyway, I keep asking you to tell me what "sensibly written" obscenity laws are. Why have you not done this? Is it because they'll be exactly as I believe they are - laws written to get rid of speech/expression that you have subjectively determined to be 'bad' despite it having no physical effect on others?

    67. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      Almost all law is banning stuff people simply don't like

      There's a difference between merely not liking something and that thing being truly physically harmful (i.e. not just offensive).

      backed by studies justifying that opinion.

      Haha. If only more laws were backed by scientifically valid studies and scientific consensus. Wouldn't that be nice?

    68. Re: Moral Imperialism by lgw · · Score: 1

      The right to speech is not the right to throw a brick wrapped in a note through a window.

      The right to speech is not the right to deliberately cause real and immediate physical harm to another.

      You know, we're in full agreement here. Neither of those things are pure speech.

      Finally, common ground. I'd note that selling a product isn't pure speech either (especially advertising, or other avenues for fraud). Neither is a disruptive protest that blocks streets etc. When a government argues that allowing X would cause real harm to the person or liberties of others, there must be some process to arbitrate that claim. Life is never simple.

      It's not about "bad", it's about "likely to cause harm in this measurable way". I think obscenity laws are pretty silly, but that's just my opinion. As has often been said, democracy is the worst form of government, other than everything else that's ever been tried. If the local government can convince a court that there's a compelling state interest ("throwing a brick through a window clearly damages property and may cause injury") and that the least restrictive method was chosen ("we're not banning the words on the note, just the part where the brick flies through the window"), then I'm OK with that process, as much as it sometimes ends in particular places I disapprove of.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    69. Re: Moral Imperialism by Verdatum · · Score: 1
      You're more than welcome to get emotional about whatever you like. But, you are in the minority of popular opinion on this matter. Even among those informed enough to have looked into the concept, they appreciate that it is an implied power of the court (all the courts, btw, not just the supreme), it is a reasonable implication, and consider it congruent with the intentions of the drafters of the constitution.

      I'm not sure I follow your claim about it only applying with the supreme rulers of the land decide it does. Not to say that various leaders didn't overstep their bounds. An easy example is Lincoln suspending habeus corpus, and then ignoring the judicial review against him on the matter. But this merely requires improved enforcement of the checks and balances in the system.

    70. Re: Moral Imperialism by lgw · · Score: 1

      A great many laws in the USSR were "backed by scientifically valid studies and scientific consensus". Amazing what consensus you can get when all the scientists' families have guns pointed at them, and you have firm control over universities and who's allowed to be a scientist. I believe we're quite far along in the latter problem in the US today.

      You can't substitute one kind of oligarchy for another and come out ahead.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    71. Re: Moral Imperialism by AvitarX · · Score: 1

      Way to ignore section one of the 14th amendment

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    72. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      A great many laws in the USSR were "backed by scientifically valid studies and scientific consensus".

      That's not exactly what I was talking about. Emphasis on "scientifically valid."

      Finally, common ground. I'd note that selling a product isn't pure speech either (especially advertising, or other avenues for fraud).

      Giving someone money isn't speech, but it can be closely tied to speech in such a way that taking away your ability to do so effectively infringes upon your free speech rights. But unless you have damn good reason to stop it (i.e. physical harm), don't. Stopping it because you don't like the message is unacceptable to me. Obscenity laws (the kind that puritans would put forth) that regulate commercial speech are definitely unacceptable.

      If the local government can convince a court that there's a compelling state interest ("throwing a brick through a window clearly damages property and may cause injury") and that the least restrictive method was chosen ("we're not banning the words on the note, just the part where the brick flies through the window"), then I'm OK with that process, as much as it sometimes ends in particular places I disapprove of.

      Local government is irrelevant. Local governments oppressing me is only slightly less bad than the federal government oppressing me, but many people don't even have the money to move away. I don't buy into the "state's rights" crap in the original sense of the constitution where the states could pretty much do as they pleased as long as their own constitutions allowed it. No level of government should be oppressing people.

      If they can show true harm, then I think it's fine to ban it. I thought we were talking about obscenity laws, though.

    73. Re: Moral Imperialism by lgw · · Score: 3

      To a court, what is "scientifically valid" other than the testimony of scientists as to what's valid?

      The puritanical obscenity laws were backed with "scientific studies" showing that society would collapse if people watched porn, or some such BS. Ultimately, the court just injected its own personal opinions. The current extreme laws against CP (beyond obscenity laws) are based on just such an argument of direct harm due to the content - an argument the SCOTUS bought. Are those arguments actually compelling enough to justify banning CP under obscenity laws (a lower bar)? I dunno, I didn't spend that much time looking into it, but it's not unreasonable to think it might be so. Does that extend to drawings? I'm highly skeptical.

      If they can show true harm, then I think it's fine to ban it. I thought we were talking about obscenity laws, though.

      Sure, which keeps coming back to "who decides" what's true harm. That's the heart of all government corruption - the power given to the decider. As much as the US does some screwy stuff from time to time, our systems for deciding have proven pretty robust, relative to all the systems we know about. If the system occasionally spits out stuff like obscenity laws, well, there are far worse failure modes, like what just happened in the UK.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    74. Re: Moral Imperialism by Qzukk · · Score: 1

      He's saying that the powers granted by the Constitution are the total powers of the Federal Government. Anything not mentioned in there is reserved for states and the people.

      Your task is to cite where the Constitution gives the feds the power to prohibit this material. I suggest you go for interstate trade, that's what everyone else does: "you found it in your backyard and kept it for yourself? Interstate trade!"

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    75. Re: Moral Imperialism by Jane+Q.+Public · · Score: 1

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      I do not believe this is true. I was aware of the SCOTUS decision but I've not even heard of this statute. Can you provide a reference?

    76. Re: Moral Imperialism by Pablew+Nopl · · Score: 1

      To a court, what is "scientifically valid" other than the testimony of scientists as to what's valid?

      The fact that it could be abused does not man it's not better than what we have - a system where laws can be created with zero evidence whatsoever. Scientific consensus is important as well. Soft 'science' should be taken with a grain of salt.

      are based on just such an argument of direct harm due to the content

      Which is nonsense anyway.

      Sure, which keeps coming back to "who decides" what's true harm.

      All systems are prone to corruption, and I don't dispute that. But it's plainly obvious that throwing a brick through a window will damage someone's property, for instance. Hopefully the people will stop the government from violating the constitution, but they don't do a good job of that, and our system doesn't make it easy to challenge the government to begin with.

      If the system occasionally spits out stuff like obscenity laws

      But still unacceptable and we must work to fix it.

    77. Re:Moral Imperialism by Qzukk · · Score: 1

      http://en.wikipedia.org/wiki/J...

      The answer appears to be yes, as long as you don't do meth.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    78. Re:Moral Imperialism by cold+fjord · · Score: 1

      It's always interesting to read the comments of people willing to engage in civil discussion by making thoughtful posts in an articulate, respectful manner. If you run across any of those people you may want to ask them to make "guest posts" for you.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    79. Re:Moral Imperialism by cold+fjord · · Score: 1

      In the post you made to me in the other thread you made an intelligent argument in a civil manner. I think it is a shame that you do not make more posts like it. There are certainly topics I can be persuaded to change my mind about. If I respond to that post I plan to make my points in a respectful and hopefully persuasive manner in return.

      In this post, on the other hand, you return to your unfortunate predilection of engaging in the practices of cranks and fringe progressives although I give you partial credit for not going full fascist as you have on other occasions.

      There is nothing contradictory about being for limited government and an effective national defense. That you think so would be a reflection of your limitations, not mine.

      I think it is a pity you stooped to the level of an obvious nutter. You can do better.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    80. Re: Moral Imperialism by Kojiro+Ganryu+Sasaki · · Score: 2

      Actually... No.

      Well to be perfectly honest... I'm not that familiar with the american arguments on this subject, but I'm familiar with an argument by european proponents of this type of legislation... And that argument has nothing to do with the harm of the material itself, and this is specifically why their argument simply cannot be defeated.

      Why?

      Because they don't argue that the material itself causes harm. They argue that the material itself IS THE HARM. (sorry for the capitals, no \emph here)

      When they look at it from that perspective, there's simply nothing that can change their mind because it doesn't matter what effects the material itself has. It doesn't matter whatever studies you show these people. Their argument is simply that the material itself is the actual damage done, and it must be forbidden.

    81. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      And that's what Net Neutrality is all about.

      That's what you would like it to be about - but it's a mistake to look to government (and the former Comcast lobbyist who is now head of the FCC) to look out for your interests. To them, it's about control. And if they can get you to support giving them the control they want, all the better.

      Everybody keeps claiming that it will be like POTS voice regulation. But that was back in the 1930's. The FCC exercised much more control over television broadcasting, and they will implement even greater control over the Internet, if given half a chance.

      Think for a minute about how Comcast, the FCC, most of Congress, etc., views you as an Internet user. You are a member of the "consumer" group, while the 5 media corporations are the "content owners". They have licenses, and you do not. They distribute lawful content, and your content will be subject to their terms and conditions.

      Be careful what you ask for.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    82. Re: Moral Imperialism by lgw · · Score: 2

      You seem intent on missing the point that it doesn't matter what system you come up with, that system must be performed by people, and people are very corruptible. If you need the opinion of scientists, then completely complicit scientists will be found or created. There's ultimately no way to makes laws other than "those in power decide," as every system is really that system under the covers - by the definition of "power."

      Anyhow, on the subject of obscenity laws, if you haven't seen this yet you'll appreciate it: http://www.lehighvalleylive.co...

      --
      Socialism: a lie told by totalitarians and believed by fools.
    83. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Which rules are those? I've never seen "net neutrality" rules that would have the effect you state.

      You haven't bothered to read them, then. Go have a gander at the full document. Since it's 107 pages long, and you're too lazy to read and try to understand it yourself, I'll provide a few excerpts. But first, let's check out the difference between "Lawful" and "Legal": There is a pretty good explanation here, but you should research it yourself. Basically, "unlawful" is MUCH broader than "illegal"

      All emphasis from the FCC rules excerpts below is mine.

      To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.

      The nondiscrimination principle would prohibit broadband Internet access service providers from favoring or disfavoring lawful content, applications, or services accessed by their subscribers, but would allow broadband providers to engage in reasonable network management.

      Note in the above, we are now addressing not just whether content is lawful, but even services and applications being used or accessed.

      The draft rules would not prohibit broadband Internet access service providers from taking reasonable action to prevent the transfer of unlawful content, such as the unlawful distribution of copyrighted works.

      Now a broader definition of copyright infringement is being implemented - not just "illegal" infringement, but any distribution not explicitly allowed is subject to "reasonable action" by ISPs.

      The Commission determined that consumers are entitled to: access the lawful Internet content of their choice[;] . . . run applications and use services of their choice, subject to the needs of law enforcement[;] . . . connect their choice of legal devices that do not harm the network[; and] . . . competition among network providers, application and service providers, and content providers.

      Here, again, we see that what the FCC wants to ensure is that "consumers" can "access" content that they consider lawful. How far can we go? What if we need to ensure what content is "lawful" by ensuring that anyone, say, running a server, writing a blog, etc., has a valid license from the FCC to do so. Want a domain name from ICANN? What will you be using it for? Do you have a journalism license? Is your content lawful?

      we propose that all the principles be subject to the needs of law enforcement, as well as public safety, and national and homeland security, by proposing separate draft rules on these topics. As explained in more detail below, we intend to leave sufficient flexibility in all our rules to allow broadband Internet access service providers to address law enforcement, public safety, and national and homeland security needs. Furthermore, we have no intention of protecting unlawful activities in these rules. Therefore, for additional precision, we add the word “lawful” to the proposed second rule to make clear that nothing here requires broadband Internet access service providers to allow users to engage in unlawful activities. The addition of the word “lawful” also harmonizes the second proposed rule with the first and third.

      The emphasis above is from the original document.

      As explained above, rather than extending that common carrier standard to broadband Internet access services, we propose a general nondiscrimination rule subject to reasonable network management and specifically enumerated excep

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    84. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Net Neutrality is all about classifying the ISPs as what the other telecom and freight companies are: common-carriers.

      They actually state in the rules that they will NOT be doing that. They want something different than the common-carriers rules, because it is "not like the phone system which used only one application." Here is a quote directly from the proposed rules:

      As explained above, rather than extending that common carrier standard to broadband Internet access services, we propose a general nondiscrimination rule subject to reasonable network management and specifically enumerated exceptions (including separate treatment of managed or specialized services). We believe that a bright-line rule against discrimination, subject to reasonable network management and enumerated exceptions, may better fit the unique characteristics of the Internet, which differs from other communications networks in that it was not initially designed to support just one application (like telephone and cable television networks), but rather to allow users at the edge of the network to decide toward which lawful uses to direct the network. Reasonable network management consists of: (a) reasonable practices employed by a provider of broadband Internet access service to (i) reduce or mitigate the effects of congestion on its network or to address quality-of-service concerns; (ii) address traffic that is unwanted by users or harmful; (iii) prevent the transfer of unlawful content; or (iv) prevent the unlawful transfer of content; and (b) other reasonable network management practices.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    85. Re:Moral Imperialism by AK+Marc · · Score: 1

      Based on the record, we propose a general rule prohibiting a broadband Internet access service provider from discriminating against, or in favor of, any content, application, or service, subject to reasonable network management.

      That's the rule we asked for. That's the rule the FCC says they are making.

      The rest is the provider's wording to abuse the people, or the FBI trying to force carriers to enforce laws the FBI is incapable of enforcing.

      So the "'net neutrality" rules every idiot is screaming for

      We are screaming for a law against traffic discrimination (aside from reasonable network management). No idiot is screaming for rules that will create "fastlanes", though those are being proposed and tied to "neutrality". No idiot is screaming for a "legal" and "illegal" Internet. Those are strawmen you are making up. People are screaming for rules that prevent Comcast from blocking all SIP that doesn't terminate on their servers, and slowing all streaming that isn't from their servers to the "ISP" customers getting a filtered AOL experience due to anti-competitive behavior breaking the Internet for their customers.

    86. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Why did you leave out the "lawful" qualifier? Because it's in there, and it won't go away. What you're asking for, in fact, is government regulation of the Internet. And 107 pages of legalese is just the beginning of that. It's no strawman. You're ignoring the facts. You know the FCC is a former lobbyist for Comcast, don't you? Comcast is not just an ISP - they are also a content provider and copyright owner. You will comply with Comcast's terms and services if you are a customer, and I guarantee the FCC will allow them to do whatever they want, because they will just be "reasonable measures" to filter "unlawful transfers" and such.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    87. Re: Moral Imperialism by fyngyrz · · Score: 2

      Yes, but it's the Supreme Court's job to decide if the law about it is Constitutional.

      Only because they said so (Marbury v. Madson, ca 1802 -- they made it up out of thin air.) The constitution says they have judicial power. That's guilty or not, assign punishment if so. Not "the law is whatever I think it is today."

      The constitution is crystal clear about many things that the judges, in explicit violation of their oaths, have made mean something else entirely. Previous poster is quite correct. The experiment failed.

      This is a corporate oligarchy. Not a constitutional republic. It's been that way for a while, but it's right out in the open now. Corporations are people. Money is speech. Those two ideas, taken together, directly disenfranchise the people. You think you can outspend a corporation? If you can, you probably own one. Or more. And you're part of the problem. The rest of us are just along for the ride now... a brave new world, indeed.

      --
      I've fallen off your lawn, and I can't get up.
    88. Re: Moral Imperialism by fyngyrz · · Score: 1

      So, when people devise these tests, are they just out of their fucking minds, or what?

      Awesome. You get it. You and a few others. Everyone else has a torch in one hand, a pitchfork in the other, and they like it that way.

      --
      I've fallen off your lawn, and I can't get up.
    89. Re: Moral Imperialism by AK+Marc · · Score: 1

      they made it up out of thin air.

      Based on Common Law, which is what the Constitution is based on. Not thin air

    90. Re: Moral Imperialism by WorBlux · · Score: 1

      The problem is that judicial review makes it so only SCOTUS can say that "this constitution" says whatever they decide is says, checked only by possible impeachment by congress.

    91. Re: Moral Imperialism by fyngyrz · · Score: 1

      You might as well say the constitution is based on words, so we can do whatever we want.

      Here's the legit deal: The judges get judicial power. Guilty or innocent, sentencing.

      The feds, congress get enumerated powers.

      The states get anything else that isn't outright forbidden to them (ex post facto laws, for instance.)

      Anything left after that goes to the people.

      See how those powers slide in a very particular direction? See why it's downright silly to claim that they magically slide UPHILL to the judiciary, when there's no such indication, anywhere, that such is the case? AND, to hammer it home, the thing explicitly says that if it's not in here, it belongs to the states or the people. There is NO authority for SCOTUS to do most of what it does. None whatsoever. And hell, even if there were, there they go rubber stamping the inversion of the commerce clause, ex post facto laws, rights violations left, right and sideways... you're looking right at them, and you don't see what they've done to you, and the rest of us. Pity.

      This is all about direct usurpation of power that belonged to the people, frankly. Although we still have just the barest sliver of it left, which we can apply via jury nullification. Although, as you probably know, we're not even allowed to talk about that in court because judges(!) don't like it. Funny thing, that. Judges. They seem to be doing a lot of unauthorized things, don't they?

      --
      I've fallen off your lawn, and I can't get up.
    92. Re:Moral Imperialism by dgatwood · · Score: 1

      What society finds acceptable is irrelevant; even if they find it unacceptable, that does not mean it should be illegal.

      This. The gold standard for legality is that something should be legal unless it harms someone else—as Justice Holmes put it, "The right to swing my fist ends where the other man's nose begins." Society's values are, or at least should be, utterly irrelevant in determining whether something should or should not be legal, except perhaps in defining what constitutes another person, and in defining what constitutes harm.

      Then again, I'm half expecting somebody to deliberately twist that and say, "But manga characters are people, too...." And this, I fear, will be the first sign that all hope for humanity is lost....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    93. Re: Moral Imperialism by AK+Marc · · Score: 1

      How do you judge guilt and innocence without understanding the words in the laws?

    94. Re: Moral Imperialism by Verdatum · · Score: 1

      I'm not sure what impeachment would have to do with a SCOTUS ruling, but it can be checked by a constitutional amendment, or a future SCOTUS ruling.

    95. Re:Moral Imperialism by SuricouRaven · · Score: 1

      As a person in the UK (As I imagine you are, from the username), I can confirm this. I've also first-hand experience working in a school, and can reveal that the standards for suspecting and reporting child abuse are so broad that almost every student would merit reporting to social services - to the extent that everyone ignores the formal standards. It's sufficiently vague that not only is failure to pay attention in class a sign of potential abuse, but paying too much attention to schoolwork is also a sign of abuse.

    96. Re: Moral Imperialism by TrentTheThief · · Score: 1

      It's the Supreme Court's job to keep itself employed. So they will rubber stamp damned near anything they are told to.

      You're awfully naive in thinking think that the US government still works the way it was designed to. That whole checks and balances thing? That's long gone.

    97. Re: Moral Imperialism by james_gnz · · Score: 1

      Giving someone money isn't speech, but it can be closely tied to speech in such a way that taking away your ability to do so effectively infringes upon your free speech rights.

      I disagree. I rather suspect that most of the money that people might make from such speech (assuming drawings of children having sex is considered a form of speech) comes from the legal right to prevent other people from copying them. This legal right is granted "To promote the Progress of Science and useful Arts".

      To be clear, I'm not advocating a ban on drawing, or the possessition of drawings, but I'm far from convinced that the right to free speech encompases a right to claim payment for drawing children having sex.

    98. Re: Moral Imperialism by serviscope_minor · · Score: 1

      Oh ho I love when 1+1=2 comes up as a fact.

      A huge amount of modern comms and error correction works on GF(2), aka Galois fields of size two, a.k.a integers modulo two, where:

      1+1=0

      The beauty and fun and outright subversiveness of maths is there are no facts, only axioms and where they lead.

      They can lead to three places, triviality, inconsistency or somewhere interesting.

      --
      SJW n. One who posts facts.
    99. Re: Moral Imperialism by james_gnz · · Score: 1

      There's ultimately no way to makes laws other than "those in power decide," as every system is really that system under the covers - by the definition of "power."

      I think having proposed legislation vetted by juries would help.

    100. Re: Moral Imperialism by JaredOfEuropa · · Score: 1

      Similar laws exist in much of Europe. By the way, why do you call this case a false positive? The law exists explicitly to address cases like this one. So that politicians can appear to be tough on pedophiles as you pointed out. They'd turn it into a thoughtcrime if they could look inside our heads, too.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    101. Re: Moral Imperialism by Kojiro+Ganryu+Sasaki · · Score: 1

      But as far as I know, obscenity laws are completely different from the law/s against child pornography. The difference being that obscenity laws do not regulate possession, only distribution. You can't be prosecuted for owning something that is obscene, only for distributing it.

    102. Re: Moral Imperialism by drinkypoo · · Score: 1

      The constitution is crystal clear about many things that the judges, in explicit violation of their oaths, have made mean something else entirely. Previous poster is quite correct. The experiment failed.

      The experiment by a bunch of white male land owners, most of them slave owners, succeeded brilliantly. Its goal was to determine whether it was possible to use jingoism (nee patriotism) and bullshit to fool the subjects of rule into believing that they hold the reins of power. Guess who still runs the country? A bunch of white male land owners, who are now actually in charge of something superior to slavery for their purposes: corporatism. They buy the laws, and we follow the laws. They've criminalized homelessness, and used the government to buy over 25% of the nation's land for the purposes of their exploitation in the form of the Bureau of Land Management. Rather than homesteading it and handing it to private citizens, homesteading was suspended so that this land could be raped wholesale. It's allegedly held in our interest, but those who've tried to (for example) use some of it to build a thermal-solar plant found that it was only available for mining coal, drilling oil, running cattle on land which was deliberately deforested for that purpose and therefore preventing it from becoming reforested, and the like.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    103. Re:Moral Imperialism by drinkypoo · · Score: 1

      They want something different than the common-carriers rules, because it is "not like the phone system which used only one application."

      Right, but that's actually a lie. It is exactly like the phone system which used only one application. In the case of the phone system that application was transmission of sound, and in the case of the internet system that application is transmission of packets. If you argue that these packets' different nature makes them fundamentally different applications, then you must also argue that carrying data on a modem call over the phone system is a fundamentally different application, and then you cannot state that the phone system used only one application. In fact, it had two, and yet they were treated exactly identically. That is, in fact, a strong argument in favor of net neutrality.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    104. Re: Moral Imperialism by mrchaotica · · Score: 1

      In that case, there is no such thing as "unlawful" in America because everything not illegal is assumed to be legal (see the 9th Amendment to the Constitution).

      --

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

    105. Re: Moral Imperialism by Whibla · · Score: 1

      Actually ... that's nonsense. 1 + 1 = 2. That's a fact. If someone says otherwise, they're wrong. Not everything is subjective ...

      Actually, 1 +1 = 10.

      Subjective enough for you?

    106. Re: Moral Imperialism by ultranova · · Score: 1

      Anything left after that goes to the people.

      And corporations are people. The difference between you and them is that they actually can keep an eye on everything the government does, and put and keep up the pressure to get the laws and decisions they want.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    107. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      You seem intent on missing the point that it doesn't matter what system you come up with, that system must be performed by people, and people are very corruptible.

      There is such a thing as "better" and "worse." Dictatorships are worse than the system we have in the US. I'm sure there are also better systems than what we have in the US. Something does not need to be perfect in order for it to be better.

    108. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      I disagree. I rather suspect that most of the money that people might make from such speech (assuming drawings of children having sex is considered a form of speech) comes from the legal right to prevent other people from copying them.

      That's more like a privilege than a right, since it's (supposed to be) temporary. There's also no scientific evidence copyright is effective, and copyright infringes upon people's free speech and private property rights, so I'm absolutely opposed to it.

      This legal right is granted "To promote the Progress of Science and useful Arts".

      That's absolutely subjective.

      To be clear, I'm not advocating a ban on drawing, or the possessition of drawings, but I'm far from convinced that the right to free speech encompases a right to claim payment for drawing children having sex.

      If someone wants to sell their drawings, there's absolutely nothing wrong with that. To say otherwise is authoritarian nonsense. *You* need a reason to be able to stop them; they're not the ones who need a reason to be able to sell their drawings. The default is that everything is legal until a law says otherwise. They're merely exercising they're private property rights in such a way as to make money from their *drawings*; there is absolutely no issue there whatsoever.

    109. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      1 + 1 = 3, if you redefine "1" to mean something else. Now that is amazing.

    110. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      That's not all that clever, or subjective. Interpreting my words may be subjective, but when you know my intent, suddenly it becomes a matter of fact. Word games don't interest me.

    111. Re: Moral Imperialism by Whibla · · Score: 1

      Why are you replying to me? My post was not in response to one of yours.

      Irrespective, if someone says 1+1=2 I'd say that depends, at the very least, on which base you're using, and once the phrase "it depends" enters the equation you're back to the fact it's subjective. Denial doesn't change that fact!

    112. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      Irrespective, if someone says 1+1=2 I'd say that depends, at the very least, on which base you're using, and once the phrase "it depends" enters the equation you're back to the fact it's subjective.

      But that's just being pedantic and intentionally misinterpreting others' words to make a point.

    113. Re: Moral Imperialism by Whibla · · Score: 1

      I disagree.

      I misinterpreted nothing. No context was given.

      However, you're quite correct that I was trying to make a point.

      It's not clear to me what yours is, unless it's to get the record for the most posts under a single topic.

    114. Re:Moral Imperialism by painandgreed · · Score: 1

      "to arouse lust towards children" One could equally say that this satisfies said lust without, you know, involving any real children...

      Hush. Remember your Puritan training. There can be no satisfying of lusts, only repression of them.

    115. Re: Moral Imperialism by The+Ickle+Jones · · Score: 1

      However, you're quite correct that I was trying to make a point.

      A point? Like the point of a sword?

      unless it's to get the record for the most posts under a single topic.

      It's going to be hard to beat those MyCleanPC posters.

    116. Re: Moral Imperialism by serviscope_minor · · Score: 1

      1 + 1 = 3, if you redefine "1" to mean something else. Now that is amazing.

      I don't know of any such scheme which leads consistent, nontrivial structure.

      The integers modulo 2 (and a variety of things) are consistent (as far as anyone knows) and produce all sorts of nontrivial structure.

      We take things like positional umber systems, integers, addition, multiplication, division and so on as absolute immutable facts. They are not, they are a system it took a long time to work ot and longer still to understand at a deep level.

      Other systems exist too.

      --
      SJW n. One who posts facts.
    117. Re:Moral Imperialism by bmo · · Score: 1

      The FCC exercised much more control over television broadcasting

      Oh, you're one of /those/ nutcases that believe that Net Neutrality would be a re-implementation of the Fairness Doctrine, repeating Fox Snooze/TW/Cox/VZN FUD.

      Industry shill spotted. Go fuck yourself.

      --
      BMO

    118. Re:Moral Imperialism by cold+fjord · · Score: 1

      You aren't for Liberty, you are for license. America's Founding Fathers would reject your debauched philosophy.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    119. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Sorry you're so butt-hurt by the facts that you have to try to resort to offensive name-calling and wild speculation. Some people are such blind fools they just refuse to see the world as it is. The FCC have themselves stated that they would have different regulations that would not look like the POTS common-carrier rules. It's right there in the proposal. But I know you can't be bothered to read more than soundbites from UpVote, and can't understand more than 2 sentences strung together.

      So I'll leave this excerpt from the FCC's proposed rules, for anyone else that may come along actually interested in something more than screaming and shouting down anyone pointing out inconvenient facts.

      As explained above, rather than extending that common carrier standard to broadband Internet access services, we propose a general nondiscrimination rule subject to reasonable network management and specifically enumerated exceptions (including separate treatment of managed or specialized services). We believe that a bright-line rule against discrimination, subject to reasonable network management and enumerated exceptions, may better fit the unique characteristics of the Internet, which differs from other communications networks in that it was not initially designed to support just one application (like telephone and cable television networks), but rather to allow users at the edge of the network to decide toward which lawful uses to direct the network.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    120. Re:Moral Imperialism by cold+fjord · · Score: 1

      Since you don't seem to be able to sign on to the proposition that arousing sexual lust towards children is something society can and should discourage it seems to me that you aren't catching all the signs that humanity is lost.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    121. Re: Moral Imperialism by AK+Marc · · Score: 1

      Nope. The Supreme Court would have a job, even if they did nothing. They are appointed for life. Unless you think there'd be massive assassinations if a ruling was "wrong".

    122. Re:Moral Imperialism by AK+Marc · · Score: 1

      Why did you leave out the "lawful" qualifier?

      I didn't. I quoted the plain English goal of the 107 pages, not the legal statements in there that mention "lawful". It was a direct quote, but you don't recognize it, because it doesn't say what you want it to say.

      What you're asking for, in fact, is government regulation of the Internet.

      Quit lying you lying piece of shit. I never asked for such a thing. I asked for "net neutrality".

      Net Neutrality is enforcing existing anti-trust laws against local monopolies. The antitrust legislation was deemed unsuitable to go after local monopolies because there's an insane argument that if you live in a place under a monopoly, you can move to another state to get away from them, and thus they aren't a monopoly.

      If antitrust laws were enforced against local monopolies, there'd be no need to the FCC to get involved. But the FTC refuses to enforce the law for the benefit of the people, so we looked to someone else to try to stop monopolies from harming their customers by performing anti-competitive actions.

      That takes no "new" government regulation, just applying existing laws as intended. But since the government refuses to do so, people called for the government to make more regulations (on companies, not people or the Internet) to prevent damaging behavior.

    123. Re:Moral Imperialism by cold+fjord · · Score: 1

      You seem to be handling that quite well yourself. Nobody is likely to learn much about real freedom from you.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    124. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      That takes no "new" government regulation, just applying existing laws as intended. But since the government refuses to do so, people called for the government to make more regulations (on companies, not people or the Internet) to prevent damaging behavior.

      Well that's how Hitler came to power.

      BOOM! DONE! You can stop calling me names for pointing out what the regulations say now.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    125. Re:Moral Imperialism by AK+Marc · · Score: 1

      I pointed out what the regulation says, with a verbatim quote, and you accused me of lying (editing it).

    126. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      I pointed out what the regulation says, with a verbatim quote, and you accused me of lying (editing it).

      Yes, it's verbatim, but it's not the rule. You quoted an introduction to the rule. Here is the entire thing:

      Based on the record,227 we propose a general rule prohibiting a broadband Internet access service provider from discriminating against, or in favor of, any content, application, or service, subject to reasonable network management. More specifically we propose the following new rule:

      5. Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    127. Re:Moral Imperialism by AK+Marc · · Score: 1

      The introduction is what they sell it to the people as. You lie when you say people want the two-tier Internet that you describe. The people want the introduction, not the legal weaseling written by Comcast lawyers.

    128. Re: Moral Imperialism by Jane+Q.+Public · · Score: 1

      Seriously. Even if it's not obscene, however that works, you still risk being called a pedophile given that trials are on the record, right?

      This kind of argument deserves to be taken out behind the woodshed and shot dead.

      The question here wasn't what someone is willing to risk. It was about what is LEGAL. And to answer your question: YES, as long as something I do is LEGAL, I am not going to cower in a corner and be afraid of the damage false prosecution would do to my perceived character. To do so would be abject cowardice.

      Having said that, I do not intentionally involve myself in any way with ANY kind of depictions of child pornography, real or fake, simply because I find it morally objectionable. But in a free and rational society, morality informs the law, not the other way around. They are two very different things.

    129. Re:Moral Imperialism by dgatwood · · Score: 1

      Since you don't seem to be able to recognize that drawings of children are not children, it seems to me that you're part of the problem.

      Video games encourage you to (in character) kill other people. Do we see hundreds of gamers going out every day and killing people? Of course not. Why? Because normal, healthy people are capable of separating fantasy from reality. Anyone who can't is clinically insane—more specifically, psychotic.

      In the same way, arousing sexual lust towards a drawing in a fantasy universe, regardless of the supposed age of the character in that drawing, does not result in any increased risk of people attacking actual children. People are either inclined to sexually abuse children or they aren't. The ones who are will do so even without being exposed to drawings of kids. The ones who are not so inclined won't sexually abuse children even if they are exposed to it.

      IMO, simulated child porn is no different from simulated rape porn, simulated torture porn, or any number of other similarly disgusting things. It's fake, and the people who like it know that it is fake, but they derive sexual pleasure from the taboo act of pretending to do something that would be horrible if it were real. As far as I know, there's no evidence that such groups have a higher percentage of people who actually commit those acts than the general population. Thus, criminalizing those fantasies, no matter how disgusting you might personally consider them to be, does not serve a legitimate public interest.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    130. Re: Moral Imperialism by Jane+Q.+Public · · Score: 1

      But as far as I know, obscenity laws are completely different from the law/s against child pornography. The difference being that obscenity laws do not regulate possession, only distribution. You can't be prosecuted for owning something that is obscene, only for distributing it.

      In the U.S. they are different. But this statute is trying to link them, and I'm not sure that would stand up to a Constitutional test.

      One thing our Supreme Court established long ago is that government cannot establish what is obscene by statute. It must be determined on a case-by-case basis. Look up the Miller Test.

      And that is why they worded it this way. They aren't making artificial depictions of child pornography illegal; they're simply making them illegal *IF* they fail the Miller Test. But that's redundant, because things that fail the Miller Test are already, by definition, obscene.

      So it's a law with no apparent purpose except grandstanding. Unless its purpose was to change the punishment for this particular obscene material.

      I am not defending child pornography. But any responsible statute has to balance the good it does with the potential harm (because there is almost always some of both). Freedom of speech is an area in which legislators are obliged to tread very carefully.

    131. Re: Moral Imperialism by Jane+Q.+Public · · Score: 1

      I meant to say:

      Freedom of speech is an area in which legislators are obliged to tread very carefully, and this kind of situation is especially full of traps, because it borders so closely on "thought crime".

    132. Re:Moral Imperialism by anagama · · Score: 1

      Sorry about that. If I responded in a civil manner to you, it was because I didn't look at who I was responding to.

      Asshole.

      --
      What changed under Obama? Nothing Good
    133. Re:Moral Imperialism by Curunir_wolf · · Score: 1

      Agreed. As usual, the people don't matter in Washington. They ask for universal health care, they get Obamacare. They ask to hold the banks accountable, and the banks get a bailout. They ask for safety from terrorists, and they get the PATRIOT act and ubiquitous surveillance of their lives.

      And that's my point.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    134. Re: Moral Imperialism by Firethorn · · Score: 1

      There's a world of difference between content-based restrictions and time-place-manner based restrictions - do you agree? Are you okay with someone shouting their political speech through a bullhorn at your window at 3AM? Their non-political speech?

      Good point. I see a big difference between criminalizing owning some pictures and simply being restricted from broadcasting said images via television or even just plastering them on a billboard.

      I guess my support for restrictions on the first boils down to
      1. Active attacks - this would include the speeches through bullhorns at windows at 3 am. They're trying to disrupt your sleep, which causes injury. Ban.
      2. Inciting violence - varies between calling for duels to endorsing violent overthrow of the country. I'll note that expressing a belief shouldn't normally trigger this. It has to be done with intent to cause violence. Basically you shouldn't be held guilty of a violation because you said 'I'm pro-choice' and a bunch of pro-lifers attacked you.
      3. Libel/Slander - probably should come under 'active attack', but lying to harm your target isn't allowed.

      Yes, I support the rights of the Phelps to hold anti-gay demonstrations and the KKK to march, and I hate both of them. I support the banning of child porn on the basis that a child is injured in the process of creating it, ergo there shouldn't be any traffic of it.

      On the other hand, while creepy drawings lack the harmed individual(s). As somebody who really believes that free speech isn't free if offensive speech isn't free, and lacking any scientifically sound studies that show that banning the stuff will reduce molestation/abuse rates, I have to go against banning them.

      --
      I don't read AC A human right
    135. Re:Moral Imperialism by Firethorn · · Score: 1

      There is an artist who actually more or less does this. He also successfully sells the art, often bartering it for hotel stays and such. He never claims it to be real money.

      They did try to charge him with counterfeiting once, though. I remember reading that chargers ended up being dropped because he didn't use anything more mechanical than a fountain pen for his work, and the law(at least at the time) specified printing, mechanical reproduction, which he wasn't doing. They were shocked that he was hand drawing everything.

      Complicating it even more was that, as art, every 'bill' he created was worth more than face value. IE a "twenty" would go at auction for $10k or something crazy. He'd be a fool to try to pass one of his creations off as 'real money' because it'd be worth less that way. ;)

      --
      I don't read AC A human right
    136. Re: Moral Imperialism by Grega711 · · Score: 1

      Good point. So ..... If an idiotic law like this is a "sure popularity winner", what does that say about the political system which makes that kind of idiotic law a "sure popularity winner? Maybe we should start questioning whether "one person, one vote" is really the best we can do?

    137. Re: Moral Imperialism by beastofburdon · · Score: 1

      Good question, since if you can actually understand what laws really mean you are only a Bar exam away from being a lawyer. We should have thrown out the idea of ignorance being no excuse of the law decades ago. Someone without a law degree has little chance of actually understanding laws as they are written and it is impossible to know just all the federal laws. You could read them for your entire life and not come close to reading all of them. Then there are the ones which make violating the import laws of other countries a federal crime as well. That just adds even more to it.

    138. Re:Moral Imperialism by beastofburdon · · Score: 1

      Then why the hell are drugs still illegal?!

    139. Re: Moral Imperialism by Yakasha · · Score: 1

      Way to not make a point.

    140. Re: Moral Imperialism by Yakasha · · Score: 1

      You're more than welcome to get emotional about whatever you like. But, you are in the minority of popular opinion on this matter. Even among those informed enough to have looked into the concept, they appreciate that it is an implied power of the court (all the courts, btw, not just the supreme), it is a reasonable implication, and consider it congruent with the intentions of the drafters of the constitution.

      When the courts are deciding that the Constitution does not apply, then they are absolutely, 100%, NOT going with what the drafters of the Constitution intended. The basics of how things work is: The people have all the power; the people choose to give up some power that is specifically enumerated in the Constitution. Very simple fact: Any power not delegated to the feds is reserved for the people & states. Nowhere in the Constitution does it so much as imply that sections can be deemed, by the Federal Government, to not apply. There is nothing ambiguous about "Congress shall make no law...". There is no question about the definition of the word "abridge". Hence the 10th Amendment specifically stating that any power not given to the Feds IS NEVER THEIRS. Nobody gave the Feds the power to decide which speech is protected and which is not, because such a distinction is not made in the Constitution. (I left the judge argument behind because it was a bad choice for my point. The judicial powers, as I understand them, do include adjudicating the constitutionality of laws & actions because of Article III, Section 2: "The judicial power shall extend to all cases, in law and equity, arising under this Constitution ..."

      I'm not sure I follow your claim about it only applying with the supreme rulers of the land decide it does. Not to say that various leaders didn't overstep their bounds. An easy example is Lincoln suspending habeus corpus, and then ignoring the judicial review against him on the matter. But this merely requires improved enforcement of the checks and balances in the system.

      Freedom of Speech is a very simple, clear cut example. "Congress shall make no law ... abridging the freedom of speech." It is that simple. No law does not mean "some laws", "some times", or "some situations". It doesn't matter what Common Law says, or tradition, or the church, or your own moral code. If some other duty or requirement of Congress puts them in a position where they need to curb speech, then the only Constitutional course of action is something else. Anything that does not violate the 1st Amendment. Absolutely any argument used to ignore one section can be used to justify anything else. The most popular argument used is as presented by Justice Holmes, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic". Sounds reasonable, right? Well, "The most stringent protection of due process would not protect a Japanese man walking free in 1942 and causing a panic" Now internment camps with no trial or crime committed are perfectly Constitutional as well. Oh, well, 50 years later we decided they're not, right? We paid reparations to them, so its all ok now, right? Except for the fact that it never would have happened if people didn't arbitrarily ignore other sections of the Constitution.

    141. Re: Moral Imperialism by Yakasha · · Score: 1

      It is The People's job, or perhaps the State's, to decide if abridging our freedom of speech, including yelling "Fire!" in a crowded theater, is Constitutional.

      Yes, but it's the Supreme Court's job to decide if the law about it is Constitutional. There's a difference. One would think such a pedant would recognize that.

      Ah yes of course. When you can't so much as provide a Constitutional reference to support your claim, just reiterate the claim and call people names. Dolt.

    142. Re: Moral Imperialism by Yakasha · · Score: 1

      Nope. The Supreme Court would have a job, even if they did nothing. They are appointed for life. Unless you think there'd be massive assassinations if a ruling was "wrong".

      "shall hold their Offices during good Behavior".

      Doing nothing, i.e., not doing their job, is not "good behavior". They would be removed, as has been done before, because they are not appointed for life.

      But I guess actually understanding such language is the job of a pedant.

    143. Re: Moral Imperialism by AK+Marc · · Score: 1

      And words with the force of law are written faster than a fast reader can read. How can you be expected to know the law, if the law changes faster than you could read it if you never slept again? For this, I include "regulations" with force of law. Actual laws passed by Congress are readable. But they pass laws that state "anything the IRS says is law" and such, empowering regulatory agencies and others. And those rules with force of law are written much faster than humanly readable.

  5. Ridiculous by SuperDre · · Score: 5, Interesting

    This is when people just go too far.. It's a f-ing drawing, it's not real..
    This just tells me the people who made these laws are really in need of some psychotherapie if they think these drawings should be forbidden.. What's next, put people in jail just for what they are thinking?

    1. Re:Ridiculous by DiamondGeezer · · Score: 1, Flamebait

      If those thoughts can be transmitted to others, then yes. I'm not defending the result per se, I'm just telling you what its like in regards to the possession of sexual images featuring what appears to be children.

      --
      Tubby or not tubby. Fat is the question
    2. Re:Ridiculous by war4peace · · Score: 4, Insightful

      I'm confused about one thing, though.
      How can you reliably determine the age of a cartoon character? I mean, they're cartoons, you could say "this girl-like-looking drawing is actually an 1000-year old witch". Furthermore, I found difficult to reliably determine whether some manga characters were of lawful age, because most look like they're not, I assume this is intentional but can't be sure.

      In the absence of a well-designed "lawful age" metric, one should either ban all manga or ban none.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    3. Re:Ridiculous by Lehk228 · · Score: 1

      we are talking about lolicon and toddlercon yes you can easily tell the difference from regular hentai.

      --
      Snowden and Manning are heroes.
    4. Re:Ridiculous by AK+Marc · · Score: 1

      what if you have the hots for Sophie Hatter only when she's cursed? She's 18 in the book, but could be 14-16 in the movie, but as a 14 year old cursed to look 90, if you thought she looked hot as a 90 year old, does that make you a pedo?

      Also, the porn makers used to make up (and imply) that 18+ "models" were under age. Now they are all "barely" legal, or legal teens or whatever. Not that I'd know. But the adult industry has gone out of its way to try to not appeal to those who like girls that look "under age".
      ,br>Seems like blocking people from release (illegal to act out, illegal to look at fictional depictions for release) would increase, rather than decrease actual attacks. I've never seen anything anywhere that indicated banning viewing CP reduced molestation. Though such laws were used to break up abuse rings, back in the '70s or such. So maybe they helped someone once, long ago.

    5. Re:Ridiculous by AK+Marc · · Score: 1

      That's not a thought crime. And nobody is in jail for a crime they only "thought about".

      It's when you start planning it, buying tools (even legal ones) to commit the crime, and conspire with others to commit the crime where those actions are illegal.

      It's still perfectly legal to want the President dead. You just can't say you want it to happen. Speaking isn't a thought, it's an action.

    6. Re:Ridiculous by SuperDre · · Score: 1

      But these aren't photo's, these are drawings.. Yes in regard to real photo's it should always be illegal, but where do we draw the line with fiction..
      It's illegal to kill a person, but yet we can draw it, we can watch movies where people kill, we can even play computer games doing it, but oh no then it's no problem.. But ooohhhh, it's a drawn (or rendered) picture of a ficticious young looking person, who the F cares, as long as no real person is used and hurt then people can do whatever they want if I'm concerned..
      It's the persons who make real childporn and abuse real children that should be caught and punished... But then again, there are enough countries where it's no problem to marry and rape (oh sorry I mean consumate the marriage) a 9 year old....
      It's all just a bunch of f-ing hypocrits....
      It's just like the americans, oh no problem to show blood and mayhem on tv, but oh as soon as only a partial nipple is seen then the shit hits the fan.......

    7. Re:Ridiculous by dgatwood · · Score: 1

      It's still perfectly legal to want the President dead. You just can't say you want it to happen. Speaking isn't a thought, it's an action.

      Actually, you can legally say that you want it to happen, at least based on my understanding of the law in question. Where it becomes a crime is when there is both an expressed desire to actually cause that harm (or a call for others to do so) and a reasonable expectation that it might be feasible for you (or those others) to do so in the manner suggested.

      Here are a couple of examples that illustrate the difference:

      • Lack of intent: In theory, you could legally say that you wish the President would get beaten to death by a gang dressed in clown suits while smoking bananas and drinking cheap beer. If you did so, such a statement would not be committing a crime, because wanting someone to die is not the same thing as threatening to kill someone.

        With that said, if someone actually expressed such an interest, the Secret Service would take a very close interest in that person's background, looking to see if (for example) he or she had ever bought a clown costume, bananas, or cheap beer.

        Additionally, it should be noted that if you then went on to say, "And if I ever get the chance, I'll be part of that gang," then you would almost certainly go to prison, because that statement of personal intent would cross the legal threshold for being a threat. Similarly, if you asked others to harm the President, or said things that appeared to advocate the assassination of the President, that would also be considered a true threat.

      • Implausible means: Most people could legally say that they want to hit the President with a giant meteor from space without committing a crime, because to the best of my knowledge, even our best scientists have no real means of making a meteor fall on the White House, much less some random person who has never had any affiliation with any space program whatsoever. With that said, if you are affiliated with NASA, such a statement might be seen as a threat. Maybe.

      Additionally, the following conditions must all be met before something is considered a threat:

      • The threat must be made intentionally, not accidentally.
      • The context and manner of the threat must be such that a reasonable person overhearing it would assume that it was an actual expression of intent to harm the President. (For example, snarky comments at a political rally or in a stand-up comedy routine are not likely to be seen as legitimate threats.)
      • The threat must not be made under duress, and must not be forced.

      Of course, you can easily get into grey areas, and if you do, even if you don't get jail time for it, you'll probably get a lot more scrutiny than you'd like.

      Finally, I'd like to add that IANAL, and this post should not be taken as legal advice.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    8. Re:Ridiculous by AK+Marc · · Score: 1

      Yeah, but I gave the same general impression with many fewer words. I didn't want to get on the SS's clown-beating radar.

    9. Re:Ridiculous by dgatwood · · Score: 1

      I'm glad I didn't post that example from anywhere near Wasco, CA, Jacksonville, FL, or Staten Island, NY.

      Hey, I wonder who's in that black van outsi...

      *^%^#%$^*@& NO CARRIER

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  6. thought crime by Anonymous Coward · · Score: 5, Informative

    thought crime

    1. Re:thought crime by AK+Marc · · Score: 1

      So a piece of paper with a drawing on it is a thought? It's the paper that's criminal, not the thought.

    2. Re:thought crime by aybiss · · Score: 1

      Informative? A two word post? Do you people know what that word means?

      --
      It's OK Bender, there's no such thing as 2.
  7. Distasteful stuff, but should not be illegal by Mostly+a+lurker · · Score: 5, Insightful

    The laws against child pornography should be aimed at protecting children from exploitation, not in making morality statements. Cartoon drawings of children engaging in sex acts certainly indicate people with pretty sick imaginations, but no children are hurt in their creation or consumption. I have seen worse on walls in public washrooms.

    1. Re:Distasteful stuff, but should not be illegal by BradMajors · · Score: 3, Interesting

      The problem is there are not enough pedophiles to prosecute. The state has been forced to "create" pedophiles.

    2. Re:Distasteful stuff, but should not be illegal by Anonymous Coward · · Score: 5, Insightful

      There are LOADS of pedos out there though.

      Pedophilia is actually ridiculously common, going by many research studies.

      The problem is if they start imprisoning every pedo they knowingly can find, they will create a problem for themselves down the line because then some people will be like, "right, hang on a minute, why the hell are there so many pedos in prison? Is this right? Is there maybe some deeper cause of this?"
      Then there will be further research, will will validate pedophilia at levels like homosexuality is and the prude-types don't want that at all. (despite the fact that some of those pricks in politics were raping little boys in the late years of the last century)

      Locking people up for thoughts is stupid.
      Locking them up for UNCONTROLLABLE thoughts is even more stupid.
      Making their outlet ILLEGAL is INSANELY STUPID, because then it will lead to people getting desperate, and worse, it might even push some people out in to the world to watch real little girls and boys, and the worst ones probably even raping. That is NOT an acceptable solution to this.
      Pedophilia can be managed. Very well.
      Look at Japan as well. Rape is barely even a blip. But nooo, Japan is evil, all those dirty sick rape games and hentai! Dirty sick evil people! They'll rape everyone!
      Oh, wait, no, that never happened.

      Here I was thinking the UK were going to not be as stupid as other countries when it came to such things.
      I was sorely wrong. Fucking stupid. Completely and utterly stupid.

      There goes all media in to the bin. GTA is now mass murder. Everyone go home and do nothing. Be a zombie. OBEY.

    3. Re:Distasteful stuff, but should not be illegal by gweihir · · Score: 1

      From all the effort to fight pictures and not a lot effort to actually prevent children from being harmed, I conclude that the children are not in any way important to the people making these laws. Hence criminalizing drawings, renderings, text, etc. the same as documentation of actual abuse is just logical.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Distasteful stuff, but should not be illegal by gweihir · · Score: 1

      Same as the FBI does with "terrorists" you mean?

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Distasteful stuff, but should not be illegal by x0ra · · Score: 1

      Because moral and ethics are relative concepts. A family member of mine hates jews and pederasts, but her values are not mine.

    6. Re:Distasteful stuff, but should not be illegal by tibit · · Score: 1

      Or, perhaps, they are absurdly bad at catching the real ones, so they must turn the imaginary ones into real ones since they are much easier to catch.

      --
      A successful API design takes a mixture of software design and pedagogy.
    7. Re:Distasteful stuff, but should not be illegal by Kojiro+Ganryu+Sasaki · · Score: 1

      Actually while I agree with what you're saying in general, I want to ask

      1: Do you have any sources or links to such studies as you mention in the beginning of your post?

      2: Comparing countries is a bit problematic because there might be a differences between two countries in terms of how likely people there are to go to the police following a rape. (though with japan it's probably a special case seeing that there's a study confirming that reported incidents of rape decreased as availability of porn increased, and it doesn't seem likely that japan became so much more sexist since the end of world war 2 that report frequencies changed as a result)

    8. Re:Distasteful stuff, but should not be illegal by ColdWetDog · · Score: 1

      Perhaps that is why the FBI's approach always seems orthogonal to reality.

      --
      Faster! Faster! Faster would be better!
    9. Re:Distasteful stuff, but should not be illegal by Dan1701 · · Score: 4, Interesting

      The LA Times link above briefly mentions a few rather interesting and salient points about known paedophiles:

      Firstly, compared to their peer group, they are on average an inch shorter, their IQ is about 10 points lower and a much greater proportion than is normal are left handed.

      Secondly, compared to their peers or even other prisoners, they have a lot less white matter in their brains.

      Thirdly, paedophillia does not appear to be learned behaviour; being the victim of a paedophile does not predispose that person to becoming one.

      These apparently point to paedophillia being partly caused by a developmental disorder, one which strikes fairly early in life, even before birth. As such, we ought really to be looking for whatever environmental toxin is causing this problem, with a view to removing it. My guess would be an almost-harmless virus, or perhaps a heavy metal of some sort. It would be interesting to know if paedophillia is linked to lead in the environment, as is more general forms of criminality (which are again linked to disrupted brain development).

      The final point is a not-so-obvious one. What we need to know is if pornography acts to incite acts of paedophillia, or acts to satiate the desire to perform such acts. The easiest way to tell might be to compare cultures where normal pornography is easy to get, to those where it is very difficult to get, and see if the rates of sexual attacks and deviant acts vary between the cultures. Does anyone know if such a study has been done?

    10. Re:Distasteful stuff, but should not be illegal by Serif · · Score: 1

      The problem is there are not enough pedophiles to prosecute. The state has been forced to "create" pedophiles.

      Actually it turns out there are far too many pedophiles to prosecute.

      http://www.bbc.co.uk/news/uk-29692685

    11. Re:Distasteful stuff, but should not be illegal by danlip · · Score: 2

      In a cross-culture study it's going to be very hard to adjust for rates of molestation versus rates of reporting or prosecution.

      IQ differences also point towards implies control. The LA Times article does mention this. So IQ might have no correlation with the desire, only with the behavior (or with getting caught). It also says "Not all pedophiles molest children. Nor are all child molesters pedophiles. Studies show that about half of all molesters are not sexually attracted to their victims." For that half I don't imagine that access to porn would help the problem.

    12. Re:Distasteful stuff, but should not be illegal by x0ra · · Score: 1

      By this logic, there is not much difference between UK, Putin's Russia, "communist" China, or even North Korea...

    13. Re:Distasteful stuff, but should not be illegal by cold+fjord · · Score: 1

      The problem is there are not enough pedophiles to prosecute. The state has been forced to "create" pedophiles.

      That doesn't really seem to be the problem. It is more like something approaching the opposite.

      Rotherham child abuse scandal: 1,400 children exploited, report finds

      Rotherham child sexual abuse scandal is tip of iceberg, says police chief

      There will be more Rotherham-style child sexual exploitation scandals unearthed in the coming months as the “stone is lifted” on the scale of abuse perpetrated on the young, one of Britain’s top police officers has warned.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    14. Re:Distasteful stuff, but should not be illegal by Kojiro+Ganryu+Sasaki · · Score: 4, Insightful

      If the IQ study is the one I think it is, it was based entirely on convicted child molesters, and not on the population of pedophiles as a whole. Therefore if, say, lower IQ causes these people to molest, then it also makes them more likely to get caught.

      It'd be really interesting to see studies on the entire population, not just on incarcerated subsets.

    15. Re:Distasteful stuff, but should not be illegal by Altrag · · Score: 1

      Values and actions are not the same thing. There's a huge difference between a racist who's just a bit of a dick, and a racist who actively goes out beating people up for no reason beyond the color of their skin. Its the same difference as "I wish my boss would die" and actually going out and killing her.

      Similarly there's a difference between the country that makes some bad laws (ie: every country) and the country that outright abuses their citizens as general policy.

    16. Re:Distasteful stuff, but should not be illegal by Zelucifer · · Score: 2

      Virtually all studies conducted about pedophilia have a huge, glaring flaw:

      They're conducted on convicts.

      You can find plenty of information showing that criminals on average have a lower iq, shorter, etc.

      --
      The corner of a round room
    17. Re:Distasteful stuff, but should not be illegal by x0ra · · Score: 1

      The UK (and most modern "democracy") abuses its people just the same way "totalitarian" regime do, but "our way" is just more subtle, relying not on sheer dominance, but through psychological means, in a way to manufacture consent, in the most despicable way. We are being manipulated, we know we are, but we still continue give the system our consent. North Korean have nothing to lose, and have to be controlled by force. We, however, have so much to lose that we do not have any other choice than continue to give our milk to the system, resistance being futile.

    18. Re:Distasteful stuff, but should not be illegal by Alsee · · Score: 2

      The easiest way to tell might be to compare cultures where normal pornography is easy to get, to those where it is very difficult to get, and see if the rates of sexual attacks and deviant acts vary between the cultures. Does anyone know if such a study has been done?

      Comparing different cultures with each other doesn't work, you can't determine weather differences are due to the availability of pornography or to a wide range of other cultural factors.

      What you do is compare a single culture with itself, before and after a major change in the availability and content-range of porn. In fact a substantial number of such studies have been done, across a substantial number of countries. The results are consistent. Increases in the availability and content-range of pornography are generally followed by a decrease in rape and other sex crimes, or at worst no change in those rates. This result also extends to a smaller number of country-cases that included child pornography becoming legal. In every such case rape, other sex crimes, and child molestation always decreased. Countries where child pornography changed from legal-to-illegal had increases in child molestation rates.

      A Google Scholar search can turn up a variety of such studies. Here are links to one two of them.

      Abstract one:
      The Danish liberalization of legal prosecution and of laws concerning pornography and the ensuing high availability of such materials present a unique opportunity of testing hypotheses concerning the relationship between pornography and sex offenses. It is shown that concurrently with the increasing availability of pornography there was a significant decrease in the number of sex offenses registered by the police in Copenhagen. On the basis of various investigations, including a survey of public attitudes and studies of the police, it was established that at least in one type of offense (child molestation) the decrease represents a real reduction in the number of offenses committed. Various factors suggest that the availability of pornography was the direct cause of this decrease.

      Abstract two:
      Pornography continues to be a contentious matter with those on the one side arguing it detrimental to society while others argue it is pleasurable to many and a feature of free speech. The advent of the Internet with the ready availability of sexually explicit materials thereon particularly has seemed to raise questions of its influence. Following the effects of a new law in the Czech Republic that allowed pornography to a society previously having forbidden it allowed us to monitor the change in sex related crime that followed the change. As found in all other countries in which the phenomenon has been studied, rape and other sex crimes did not increase. Of particular note is that this country, like Denmark and Japan, had a prolonged interval during which possession of child pornography was not illegal and, like those other countries, showed a significant decrease in the incidence of child sex abuse.

      I wonder what the world would look like if we had legislators who legislated on the basis of evidence and reality rather than ideologies and soundbites.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    19. Re:Distasteful stuff, but should not be illegal by SuricouRaven · · Score: 1

      There seems to be a social need for certain bogymen. Some sub-group (Existance optional) which everyone else can be unified in their loathing of. Pedophiles today, but they are in the same niche once populated by communists, witches, jews and protestants (And in England, Catholics). There is to be no public sympathy for the accepted bogyman, no aim for rehabilitation - only a desire to see them punished and destroyed.

    20. Re:Distasteful stuff, but should not be illegal by drinkypoo · · Score: 1

      Look at Japan as well. Rape is barely even a blip.

      It's clear that you haven't looked at Japan. It may well be one of the countries in which rape is most underreported.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    21. Re:Distasteful stuff, but should not be illegal by tomxor · · Score: 1

      The laws against child pornography should be aimed at protecting children from exploitation, not in making morality statements. Cartoon drawings of children engaging in sex acts certainly indicate people with pretty sick imaginations, but no children are hurt in their creation or consumption. I have seen worse on walls in public washrooms.

      The laws against child pornography should be aimed at protecting children from exploitation, not in making morality statements. Cartoon drawings of children engaging in sex acts certainly indicate people with pretty sick imaginations, but no children are hurt in their creation or consumption. I have seen worse on walls in public washrooms.

      Further more... "sick" is subjective.

      One persons fantasy is sure to be sick to another person somewhere.

      Rather than futilely attempting to determine what sexual fantasies are morally acceptable by majority vote on such a diverse range of sexual tastes... perhaps society should stick to the clear line that was simply: involvement of minors in sexual acts and pornography... and by minors i mean real people.

      It's not that dissimilar to the violent video game argument, the people who can't separate reality from fiction are the issue not fiction itself.

    22. Re:Distasteful stuff, but should not be illegal by Altrag · · Score: 1

      That's still a huge difference. I can educate myself to see through the manipulation. I have no defense against someone with more guns than me telling me what to do or else. We have a choice and the fact that we let ourselves be manipulated says more about the human condition than it does about democracy.

      The North Korean peoples' only choices are a) live with it, b) die to it or c) try to escape from it, which I'm guessing ends up as (b) more often than not. For obvious reasons, we only hear from the ones who didn't die during their escapes and NK certainly isn't about to release information on failed attempts any time soon.

  8. Thought policing by Anonymous Coward · · Score: 5, Insightful

    Yeah, this is stupid. You can't sentence people for drawing and using a paper and pen, whatever the content of their drawing, or fapping it out to imaginary drawings that have no relation to any real person.
    1984 would like to have a word with the UK. But then again, UK sentences people over tweets and facebook posts, so it doesn't surprise me.
    Censoring art, whether you agree with the content or not, is a slippery slope towards thought policing, which is bad any way you look at it.
    This also connects to the "violence in video games leads to real life violence" thing. So long as they don't stalk and harm real children (and some aren't even interested in real children but in drawings [you can't explain fetishes, fetishes just are],
    they can fap to whatever drawings on paper they want and create whatever drawings they want.

    Should Australia also ban many Renaissance statues and artworks, and those of ages before it, because they feature females with small breasts? ["Obscene media/art" portraying small breasts being disallowed or something in Australian law, some Ausia elaborate for me please].

    1. Re:Thought policing by Slick_W1lly · · Score: 5, Interesting

      Indeed.

      So where do I go to file a lawsuit against all them old mansions for 'displaying child porn' with the cherub stonework in full display.
      Children abound.. some of them with their dangly bits out... 0_o

      http://carvingswithstories.blo...

      Looks like a sex act t'me guv.

    2. Re:Thought policing by Bob+the+Super+Hamste · · Score: 3, Funny

      I want to take the city of Brussels to court over one of their most famous landmarks. That city has some wealth so I should be set for life.

      --
      Time to offend someone
    3. Re:Thought policing by PPH · · Score: 1

      That isn't porn unless he shakes it more than three times.

      --
      Have gnu, will travel.
    4. Re:Thought policing by ColdWetDog · · Score: 1

      Nudity != sex. Sex implies the sexual act. I'm not a religious expert, but I believe finding sculptures of cherubs having sex is going to be difficult.

      Oh, it's much worse than that ...

      --
      Faster! Faster! Faster would be better!
    5. Re:Thought policing by Em+Adespoton · · Score: 2

      Warning: don't click on the parent's link, or you could also be arrested for downloading CP. As could Wikipedia.

    6. Re:Thought policing by Altrag · · Score: 1

      You can't sentence people for drawing and using a paper and pen, whatever the content of their drawing, or fapping it out to imaginary drawings that have no relation to any real person.

      Apparently you can.

      Keep in mind that for all the pretty words in the US bill of rights, a person has pretty much no "inalienable" rights. Rights are granted by those who have power over you, they are not intrinsic to your existence as a human being.

      The closest one to inalienable is the pursuit of happiness, because we humans are surprisingly good at making the best out of any situation no matter how dire.

      Should Australia also ban many Renaissance statues and artworks

      Pretty much all laws of this nature give a pass to artful works. Of course "art" is subjective, but generally speaking if its been considered a masterpiece for hundreds or thousands of years, it probably falls under the "art" category.

      For a definition more applicable to modern art: How likely would it be for a curator to include your artwork in a gallery? (Or something of similar content to your artwork -- presumably most artists of any brand won't get to be in a gallery.)

      If you rank close to the "highly likely" then you've probably got a decent argument should it ever come to a court case. On the other hand, if you're just making smut, you'd be hard pressed to suggest that any art gallery in the world would even consider your work.

      Its still subjective of course (every curator's going to be different of course) but you could consider it an expert opinion in a sense.

    7. Re:Thought policing by Alsee · · Score: 1

      Why does that child have a tube up his butt?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  9. Dangerous precedent by surfdaddy · · Score: 5, Insightful

    So somebody who has never done anything wrong writes an offensive cartoon. How is this different than a cartoon depicting a murder, also offensive? In fact, what about all those Hollywood movies depicting murder? Should the writers of those movies go to jail as well?

    1. Re:Dangerous precedent by schlachter · · Score: 1

      could he not call it "art" and get out of these shenanigans? it is "art" after all.

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    2. Re:Dangerous precedent by Anonymous Coward · · Score: 1

      Blood and gore is character building, nipples are dirty, m'kay.

    3. Re:Dangerous precedent by Em+Adespoton · · Score: 1

      The difference is that the people depicted as murdered in the movies were consenting adults. As minors can't consent to anything, depicting them must be illegal. Ergo, all those Alicia Silverstone movies are illegal in AU, and any explicit cartoon material that doesn't explicitly state that the characters are over 18 could also be illegal.

    4. Re:Dangerous precedent by Altrag · · Score: 1

      CP laws aren't about offensiveness -- there's plenty of porn that's just as offensive or even more so that's perfectly legal.

      CP laws are about theoretically protecting children. I say theoretically because most of them tend to be based on outdated or outright discredited theories of psychology.

      While the same concepts (flawed or not) could in principle be applied to depictions of murder, the "think of the children!" cry means that we tend come down harder on CP than pretty much any other crime, regardless of whether its justified.

    5. Re:Dangerous precedent by drinkypoo · · Score: 1

      We're also very good at moral panics and crusades. The US can only copy: We invented them.

      Sadly, it is not true that the US can only copy. Well, perhaps it is true today, but for a while there, we were real innovators... including the area of moral panics and crusades.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  10. Makes sense by mod+prime · · Score: 1

    Nonce-sense.

  11. Re:children during halloween? by Forgefather · · Score: 2, Interesting

    We could also ban political contributions because that's like bribery.

    In all seriousness I do remember an argument against this type of crap in congress that basically said this was a regulation of taste, and if you ban things that are similar to child pornography couldn't you also ban images of women with small breasts because they evoke thoughts of children? (paraphrase)

    --
    "There are lies, there are damn lies, and there are statistics"
  12. These laws are hard to grasp by MetalliQaZ · · Score: 5, Insightful

    Let's do a thought experiment. Start with a blank piece of paper and some colored pencils. A person begins drawing a picture. The page begins as a completely meaningless object, and as marks are made on the page, it gains meaning gradually. A line on paper is not illegal, or at least it shouldn't be by any moral or ethical standard. Two lines, three lines, and so on. Each are probably completely innocent individually. If these scribbles were forming letters and words, they would be clearly protected expression, until they formed some kind of credible threat. At least, that's how I understand it.

    But this isn't a written message, just a picture. A head takes shape. Eyes, nose, mouth, and hair. The subject starts to emerge. Still this is a legal drawing by any measure. Eventually enough marks are made on the page that the subject has context. Clothes, background... and actions. At some point the scene depicted by this collection of lines and smudges becomes forbidden. What was an figment of someone's imagination is now a very real crime.

    How does that happen, and when? Who specifically does this law protect? Is the person who drew it a criminal, or is it only a crime when someone buys it? Is every viewer of the picture a criminal or just the ones who enjoy it? How do you tell which is which? What about the imagination that spawned the picture? Would the artist have been a criminal if they hadn't put their mental image to paper? I find these questions very difficult to answer in a way that makes sense for a society. Every seemingly obvious answer can lead to some very harmful laws.

    But the main motivation is one of greater public good. A scribble that harms nobody is made illegal because by locking up the people who like the scribbles, they cannot remain free to eventually harm real people in the same way. It's a noble cause and perhaps an effective law (I have not seen proof one way or the other). However it is also disturbingly close to pre-crime. I'm not entirely comfortable with that.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
    1. Re:These laws are hard to grasp by The+Ickle+Jones · · Score: 5, Insightful

      However it is also disturbingly close to pre-crime.

      It's not just "disturbingly close"; it is pre-crime. There is absolutely zero evidence that says that someone will commit a crime just because they like drawn pictures of children, and even if there were evidence, pre-crime is absurd in and of itself.

      I'm not entirely comfortable with that.

      You should be entirely uncomfortable with it.

    2. Re:These laws are hard to grasp by Anonymous Coward · · Score: 2, Interesting

      Hmm... the Taliban destroyed art that was against their "moral" understanding of things. They punish people just for listening to music or looking at art they described as "immoral".

      It get the uncomfortable feeling we are witnessing the birth of the "Western Taliban" that makes as much things "immoral" as possible, and punishing people for looking at it. I am afraid it's just an matter of time before even medieval art becomes illigal (you know - paintings of naked children with wings crawling around an big breasted half/full naked adult must be the ultime child porn).

      What next? Book burning (lolita comes to mind)? Burning medieval art? Locking people up for going to an museum?

      Where is an end to this idiocy? Will it become even worst and are we entering an new braindead Victorian age?

    3. Re:These laws are hard to grasp by dinfinity · · Score: 2

      The first part of the situation is best captured by the sorites or sand heap paradox. The problem boils down to a set of input states that need to be classified. If no decision (classification) has to be made, something can remain in its fuzzy state. When a (binary) decision has to be made ('is this illegal?'), an essentially arbitrary cutoff value is used to determine the 'definite' classification.

      This is actually a very pervasive issue that lies at (or simply is) the root of many discussions in society (the matter of abortion, to name one).

      As for the second part: the only remotely valid argument I've heard until now is that (fake) child pornography actually stimulates pedophilic behavior. There are clear indications that traditional porn serves as cathartic material and reduces the number of instances of rape and other acts inspired by sexual frustration. The same does not seem to hold for child pornography, where the opposite seems to be the case: being exposed to child pornography makes those with pedophilic inclinations see the sexualization of children as more acceptable and thus more inclined to act on their urges.

      All other arguments against child pornography are actually in favor of having drawn (or otherwise 'fake') child pornography. One could hypothesize that providing a freely (and legally) accessible database of child pornography that is guaranteed to have been produced without any children having been involved would actually greatly reduce the number of children abused in the production of 'real' child pornography.

      Returning to whether drawings like these should be illegal: if the effect of them inciting pedophilic behavior is indeed significant, they would fall in the same category as other material that incites criminal behavior. To me, such a drawing would be the same as a note saying 'Kill all the jews/blacks/mexicans' or even more interesting: 'Kill all the children'. Seeing it in that light makes it pretty obvious that possession of such things should not, by itself, be illegal.

    4. Re:These laws are hard to grasp by Alsee · · Score: 1

      There are clear indications that traditional porn serves as cathartic material and reduces the number of instances of rape and other acts inspired by sexual frustration. The same does not seem to hold for child pornography, where the opposite seems to be the case

      When you say "seems" are you to referring to anecdotal comments rather than research?

      For an earlier comment here I did a Google Scholar search on the rate of sex-crimes before and after countries changed pornography laws, and some of those studies included changes in the legality of child pornography. It seems that every scientific study found the same result - countries where child pornography became legal experiences a decrease in rates of child molestation, countries where child pornography became illegal experienced an increase in rates of child molestation.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:These laws are hard to grasp by dinfinity · · Score: 1

      When you say "seems" are you to referring to anecdotal comments rather than research?

      No, I was referring to actual research. It was however, as I remember it, inconclusive, meaning it may as well be an anecdote. I was also too lazy to try and find a link to it.

      It was something along the lines of this study (which finds similar inconclusive signs that virtual child porn increases acceptance of sexualization of children):
      The effects of exposure to virtual child pornography on viewer cognitions and attitudes toward deviant sexual behavior

      Mind you, I was trying to be very careful in mentioning this 'finding' as an argument against virtual child porn. I actually lean towards promoting such virtual child porn, but am worried it might exacerbate the situation. Proper and extensive research is needed before such proactive behaviour is pursued.

      For an earlier comment here I did a Google Scholar search on the rate of sex-crimes before and after countries changed pornography laws, and some of those studies included changes in the legality of child pornography. It seems that every scientific study found the same result - countries where child pornography became legal experiences a decrease in rates of child molestation, countries where child pornography became illegal experienced an increase in rates of child molestation.

      References would be appreciated. Specifically to studies where only child pornography laws were changed. It would be highly surprising if legalizing normal porn wouldn't also massively decrease child abuse (by reducing sexual frustration in general).

  13. If you can't see it how do you know??? by burnttoy · · Score: 5, Funny

    While we're in the UK...

    Percy: You know, they do say that the Infanta's eyes are more beautiful than the famous Stone of Galveston.
    Edmund: Mm! ... What?
    Percy: The famous Stone of Galveston, My Lord.
    Edmund: And what's that, exactly?
    Percy: Well, it's a famous blue stone, and it comes ... from Galveston.
    Edmund: I see. And what about it?
    Percy: Well, My Lord, the Infanta's eyes are bluer than it, for a start.
    Edmund: I see. And have you ever seen this stone?
    Percy: (nods) No, not as such, My Lord, but I know a couple of people who have, and they say it's very very blue indeed.
    Edmund: And have these people seen the Infanta's eyes?
    Percy: No, I shouldn't think so, My Lord.
    Edmund: And neither have you, presumably.
    Percy: No, My Lord.
    Edmund: So, what you're telling me, Percy, is that something you have never seen is slightly less blue than something else you have never seen.
    Percy: Yes, My Lord.

    --
    Time flies like an arrow. Fruit flies like a banana.
  14. Photo-realistic drawings? by swb · · Score: 1

    I always wondered how something like photo-realistic drawings of pedophilia should be handled. Cartoons have an obvious lack of reality that makes it easy (or easier) to say "it's just a drawing" but what about high-quality rendered images that are almost impossible to differentiate from photographs?

    Is the sole justifiable argument against pedophilia photographs that a child was sexually abused creating the photographs, or are their legitimate arguments to be made against them on grounds that sex involving children is inherently immoral?

    Is there any science that demonstrates that exposure to this imagery reduces or decreases acting out on pedophilic impulses?

    1. Re:Photo-realistic drawings? by X0563511 · · Score: 1

      I'd like to see that (the indistinguishable part, not the actual subject matter).

      Rendering has come far, but not far enough that you'd find that kind of art in random porn.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:Photo-realistic drawings? by Anonymous Coward · · Score: 1

      "Is there any science that demonstrates that exposure to this imagery reduces or decreases acting out on pedophilic impulses?"

      The answer to this is that it varies from individual to individual. Humans are individualistic, where the majority drives cars as a transport vehicle, there will always exist some who will use it to drive people over, or do drive-by shootings, or use cars for kidnappings. In the same manner, where a majority knows not to kill in real life like they do in video games, there will always exist a minority who has a predisposition towards violence and may fuel it with video games [but there will also be those who let off steam with video games and their predisposition is "rehabilitated" a little].
      You can't take the individualism out of humanity, otherwise you will take away what defines humanity.

      A better question to ask here is whether individuals have a predisposition towards fetishes irrespective of whether they stumble upon the artistic portrayal? [Two people grow up the same way in the same environment and experience the same things, yet they end up growing up with different personalities, attitudes and ideologies and takes on everything they have experienced. Obviously, the environment you grow up isn't something that defines you, environment simply produces roads that you can take, what roads you take is a decision unique to the individuals and that's what defines you. We are all born with unique brains, as in the map of electrical impulses and roads in our brains, that are trillions, changes chaotically and randomly from the moment the brain is created and sets the foundation UNIQUE to you as an individual, on how you will grow up. Even this is simplifying it, but environment/external influence isn't even half of the story on what makes someone and individual that they are.]
      The following question to that is: Should we ban specific arts, or specific objects, or specific things based on a perceived minority of people who have a predisposition towards real children, to the inconvenience of the probable majority who know better than to stalk real children or lay their hands on them, or the inconvenience of those who aren't even interested in real children and simply have a fetish for drawn imaginary characters? Worse still, what about those who had their pedophilic urges suppressed by this material and in some individualistic cases, eliminated and substituted with a fetish for the imaginary only?

      The thing that science can tell you for sure is that consuming imaginary artistic fetish feed [in this case lolicon comics] doesn't INHERENTLY lead towards people growing a hunger for real children [it's a slippery slope argument], it also DOES reduce and decrease acting out on pedophilic impulses in some individuals, as per law of individualism, and just like the existence of cars means that someone will use them for bad things, there are some individuals who will have their tendencies fueled by the material. There is no ONE answer.

    3. Re:Photo-realistic drawings? by Oligonicella · · Score: 1

      Certainly not dealing with the subject at hand but Final Fantasy: The Spirits Within and AuroraTrek both have moments where the rendering is almost indistinguishable from live footage. Especially in closeups. FF was not 'random' by any means but AT is produced by one individual.

    4. Re:Photo-realistic drawings? by Erikderzweite · · Score: 2

      If no child is being harmed in the process of making such a drawing then it should be ignored. Sure, it's sick drawing them but the CP laws were created to protect children which are "starred" therein, not to protect some moral values. If the drawing is hyper-realistic than IMO the drawer should be investigated whether he or she had children "models" involved to create such a drawing.

      - Creating CP should be illegal, buying CP — too. On this we may all agree.
      - Downloading and keeping CP is at the very worst like not reporting a crime to the police. The question arises what to do with the possession of all the beheading videos then.
      - Mangas, drawings and 3D renders should not be legally prosecuted.

      I don't know of any science about the effects of CP-like imagery. I do recall reading however that the rapes go down if availability of porn increases. Which may be the case with pedos as well. Keep in mind though that the majority of abuses are done by the people living in the same household as the victim, not random strangers who saw some imagery on the internet. And that problem cannot be solved by making arbitrary things on the web illegal.

    5. Re:Photo-realistic drawings? by X0563511 · · Score: 1

      FF's got some subsurface scattering problems. It was close, I'll give you that.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    6. Re:Photo-realistic drawings? by Oligonicella · · Score: 1

      Yeah, and that was close in 2001. Thirteen years probably has ameliorated much of that problem.

    7. Re:Photo-realistic drawings? by X0563511 · · Score: 1

      Yep. We're to the point where the factors that limit realism are knowledge/understanding of the materials and lights of the artist (or rather their knowledge of how to tell their renderer of choice about this stuff). We've got the computing power to make unbiased photon mapping / path-tracing practical these days, and the physics behind everything are understood well enough to fool the eye.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    8. Re:Photo-realistic drawings? by shutdown+-p+now · · Score: 1

      Any argument involving the words "inherently immoral" in the context of legislation is inherently invalid. Legislating morality is just a bad idea.

    9. Re:Photo-realistic drawings? by swb · · Score: 1

      But that's what we do, legislate morality.

      Stealing is morality. Killing is morality. We legislate all of those things.

      That's what makes this something of an intellectual puzzle to me. I agree with the idea that illustrations, no matter how realistic, don't harm anyone directly. But sex and children are an indefensible combination in any way, shape or form. I don't know that I can say even pictures of children in a sexual context made and seen only by their creator are ever ok. Trafficking in them just guarantees its immoral.

    10. Re:Photo-realistic drawings? by shutdown+-p+now · · Score: 1

      But that's what we do, legislate morality. Stealing is morality. Killing is morality.

      Both stealing and killing involves measurable objective harm. The only morality being legislated here is that harm is immoral. So let's make that the sole exception.

      . But sex and children are an indefensible combination in any way, shape or form. I don't know that I can say even pictures of children in a sexual context made and seen only by their creator are ever ok.

      Well, I can say that just fine. After all, pictures of people being murdered are okay, even though murdering people is not. Same goes for every other crime. I don't see why children should be specifically exempt from it.

      (Truth be told, we as a society have gone way overboard on a lot of things pertaining to children. There are reasons to treat them differently from adults, and that includes treating them as more valuable, so to speak, but our scale is waaaay off into the "precious snowflake" territory right now... and the CP witch hunt is one of the outcomes. "Zero tolerance" policies in schools are another.)

      And as far as simulated or drawn porn goes, there's no leg to stand on at all: nothing at all is harmed in any of the acts associated with the possession of it: neither in transfer, nor in creation - so there's no reason for it to not be legal, other than the desire to control what is in other people's heads.

  15. Simpsons Movie? by ianbnet · · Score: 3, Interesting

    I have to wonder how the judge draws the line between something like this conviction and, say, the Simpsons Movie, where Bart is rocking some full frontal on the big screen.

    There's a difference, for sure -- one is funny and clearly a cartoon, whereas one sounds like it's purposefully sexualizing children. So the conviction could be grounded in intent. But it's a hell of a slippery slope.

    --
    --------------------- -me, Crusher of those who are Foolish (don't be foolish)
    1. Re:Simpsons Movie? by CastrTroy · · Score: 1

      Hollywood has always had a different standard. I was rewatching Good Morning, Vietnam. I was a little surprised to see child nudity in a major Hollywood film. Mind you, it was an innocent shot of some Vietnamese kids playing in the fire hydrant, but it was full frontal nudity of children nonetheless. And it's also hard to argue intent. Something that was meant to be innocent by the artist could still be arousing to other people looking at the content.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:Simpsons Movie? by MozeeToby · · Score: 1

      Nudity is not automatically pornography, not in any sane jurisdiction anyway. I can think of at least 2 album covers that feature pictures of very nude, very underage persons for instance.

      one sounds like it's purposefully sexualizing drawings of children.

      Fixed.

    3. Re:Simpsons Movie? by drinkypoo · · Score: 1

      I have to wonder how the judge draws the line between something like this conviction and, say, the Simpsons Movie, where Bart is rocking some full frontal on the big screen.

      There's a difference, for sure -- one is funny and clearly a cartoon, whereas one sounds like it's purposefully sexualizing children.

      right, but when people propose to ban virtual child porn because they argue that it promotes child abuse, they have to propose banning depictions like the one you mention, because that depiction could be used by someone for sexual gratification, and/or it could arouse those desires in them. Sure, it's a crude representation, but there are cruder ones on cave walls that we seem to be able to recognize.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  16. Re:children during halloween? by qeveren · · Score: 1

    ...and if you ban things that are similar to child pornography couldn't you also ban images of women with small breasts because they evoke thoughts of children? (paraphrase)

    Kind of like Australia, then?

    --
    Don't just stand there, get that other dog!
  17. Fantasy based laws. by gurps_npc · · Score: 2
    There are people in this world that think they can legislate away bad things. Pass a law, and boom, it goes away. They tried it with alcohol and marijuana, and look how well that worked out.

    That is not how the real world works. Here, there is the law of unintended consequences.

    Sometimes the law results in good things - for example, the existence of internet porn has pretty much ended bestiality. Before the internet, farms had an estimated fifty percent bestiality rate. Around 8 % and 3% for the general population. After the internet, all of those numbers dropped like a stone. Why? Because a pretty picture of a girl is more satisfying than bestiality.

    Why do I bring this up? Because outlawing behavior doesn't stop it. Some people are and and will be attracted to kids. You can't turn off sexuality (ask any gay man or lesbian woman from an anti-gay tradition). Better that they read manga than buy actual child pornography.

    Just as we use a lesser opiate (methadone) to treat addicts, we should use Manga to treat others.

    Manga looks to me like a great way to:

    1) wean them off child pornography

    2) protect real children from being hurt by the industry

    3) slowly shift their sexuality from kids to something more acceptable.

    This should be required treatment for people interested in children, rather than outlawed.

    --
    excitingthingstodo.blogspot.com
    1. Re:Fantasy based laws. by Anonymous Coward · · Score: 1

      Because a pretty picture of a girl is more satisfying than bestiality.

      Speak for yourself.

    2. Re:Fantasy based laws. by Dixie_Flatline · · Score: 1

      Even if the person is never weaned off the images, as long as they never offend against a real person, I'd consider that a win.

      Every once in a while a story comes up about a doctor that says that these people should be protected if they come out to a medical professional so they can get treatment, and inevitably in the comments, people scream about locking them up and punishing them right away, even if they've never done anything wrong. As a consequence, these people DO go on to offend because they can't get help, and two lives are ruined in the process. I never understand why, if we're interested in harm prevention and reduction, that they'd allow even one innocent child to be hurt when that could be prevented with significantly more humane laws.

      (Actually, from what I understand, that IS how it works in Canada--you can ask for treatment and get it--and I hear there are good results here. I don't know the comparative statistics, though.)

    3. Re:Fantasy based laws. by The+Ickle+Jones · · Score: 4, Insightful

      3) slowly shift their sexuality from kids to something more acceptable.

      That's just absurd.

      This should be required treatment for people interested in children

      What? Just leave people alone. What is wrong with you people? If they haven't raped anyone, you have no reason to harass them with your ideas of what is "acceptable."

    4. Re:Fantasy based laws. by Erikderzweite · · Score: 1

      That's interesting. Not the bestiality, but the stats. Do you know any reliable sources for that? Sounds plausible at the very least. There are indications that the availability of porn reduces "conventional" rapes as well.

    5. Re:Fantasy based laws. by gurps_npc · · Score: 1

      Psychiatrists have found that they can not end any sexuality, but that they can in fact add new perversions, mainly be slowly introducing the desired perversion into sexual fantasies. Some have theorized that while they can't 'cure' gay, they can convert to bisexuality. I am not sure about that, but it is definitely not absurd to shift sexuality from kids to something else

      --
      excitingthingstodo.blogspot.com
    6. Re:Fantasy based laws. by gurps_npc · · Score: 1
      The original stats (pre internet) came from the Kinsey Reports (via wikipedia: D. Richard Laws and William T. O'Donohue: Books.Google.co.uk, Sexual Deviance, page 391. Guilford Press, 2008. ISBN 978-1-59385-605-2. )

      New studies suggest that the Kinsey estimates are no longer accurate (if they ever were). There is no clear evidence that the internet caused it, but I am not the first person to suggest it.

      --
      excitingthingstodo.blogspot.com
    7. Re:Fantasy based laws. by The+Ickle+Jones · · Score: 1

      I am not sure about that

      but it is definitely not absurd to shift sexuality from kids to something else

      What?

  18. Re:Constitutions CAN be useful, if honored. by BitterOak · · Score: 3, Informative

    No. In the U.S. cartoon images ARE protected by the First Amendment. This was decided by the U.S. Supreme Court in 2002. (Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)). Sometimes our Supreme court DOES get it right!

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  19. Common sense solution by sinij · · Score: 5, Funny

    Commission a drawing of the man in question serving time.

  20. not remotely accurate by slashmydots · · Score: 2

    "The case is believed to be the UK's first prosecution of illegal manga and anime images."
    Except for the other cases involving the exact same thing and England that were also on Slashdot years ago. Seriously, England got famous for being the first country to crack down on it and 4chan and deviantart and other famous communities got pissed.

  21. I do not approve of child pornography but by Anonymous Coward · · Score: 1

    The extreme ridiculousness of this article leads me to believe it is more about political expediency than solving any "Sex crime".

    In the US, all you have to have happen to be jailed for CP is to have it found on your computer. Just found, there is no burden of proof that you knew it was there or any due diligence on the part of the accuser to prove anything other than it being found.

    So if you are a business owner (one whose employees hate him for being a slave driver, hypothetically) and a disgruntled ex employee uploads CP on your computer and the authorities get an "anonymous phone call" about it, that business owner goes to jail for 5 years over doing nothing wrong than pissing someone off, whereas the actual "crime" was committed by the employee, who downloaded and distributed the CP in the first place.

    Where is the justice in this exactly?

    How do we know that political authorities might not use this to discredit whistleblowers, political opponents or common citizens who know too much?

    The implications of this article do not pass the smell test.

    And again , CP is something that is a crime against children, and child pornographers and child abusers should go to jail for life! I am not arguing that, but the stigma around it is used for so much more evil against innocent citizens under the stupid "think of the children" mantra.

    1. Re:I do not approve of child pornography but by x0ra · · Score: 1

      It is not about "justice", it's about getting moms comfortable enough to vote for you in the next election, ie. bending over while you unzip your pants to fuck them bareback for the next mandate. Once you convince the moms, you got the husbands convinced as well (they wouldn't have their wives mad at them and deny them sex), and you got the kids, which are raised by the moms. CP is just the same as 9/11, terrorist, or whatever the daily boogeyman is.

  22. Re:Petite girl friends by Anonymous Coward · · Score: 3, Funny

    So the only men allowed in Australian porn are now fat men with big manboobs?

  23. Dangerous precedent by log0n · · Score: 2

    This is the same country that inspired 1984 and V For Vendetta, so it seems there's a long running propensity for criminal overreach.

  24. Doesn't anybody notice the operative word here? by Mister+Liberty · · Score: 1

    That word isn't child, it isn't anime, it isn't pornography. It is computer.

    And anyone who thinks about it for a moment and doesn't see this for what this is, class warfare , the spreading of the meme terror and population control, is standing in the way.

    1. Re:Doesn't anybody notice the operative word here? by drinkypoo · · Score: 1

      That word isn't child, it isn't anime, it isn't pornography. It is computer.

      And anyone who thinks about it for a moment and doesn't see this for what this is, class warfare

      the majority of the world is walking around with computers in their pockets, there is no class warfare here, unless you had a point but were very far from it in your comment

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  25. Re:Petite girl friends by gweihir · · Score: 1

    For pornography, that actually is already the case in some countries like Germany. It is called "Jugendanscheinspornography".

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  26. Re: Good by x0ra · · Score: 1

    is it ? The thought police is just getting there one item at a time. SJW are as morally corrupt than gun-trafficking gun-control democrat nuts (Obama (via Operation Fast and Furious), Clinton, Senator Lee...), or other "big shots". Individual freedom is their enemy. Covers like Virgin Killer, Nevermind, Blind Faith are just unthinkable today...

  27. ironic timing by Cederic · · Score: 3, Interesting

    Today's also the day that the guys responsible for prosecuting child pornography offenders stated that they lack the resources and would only prosecute the highest priority cases - leaving around 50,000 alleged offenders uncharged.

    So that's up to 50,000 people that allegedly have images of actual child sex that wont be charged, and one person with cartoons that's been found guilty.

    Fucked up situation indeed. Interesting that it's his second conviction for breaching child pornography laws without ever being found in possession of child pornography. And people wonder why I refuse to browse porn sites these days..

  28. Re:and what about midget porn by x0ra · · Score: 1

    ask Bridget The Midget.

  29. take a page from the video pornographers' playbook by liquidsin · · Score: 4, Funny

    Just make sure the first picture you draw of your underage-looking manga pornstar shows her holding up her vehicle operator's license (or other gov't approved photo ID). Also, make sure to draw the ID so it indicates that she's legal.

    --
    do not read this line twice.
  30. Want to know what's worse? by waspleg · · Score: 2

    Someone who does not having a fictional outlet. Let them jerk off to cartoons and leave the real kids alone. Dumb fuck.

  31. Re:Petite girl friends by PPH · · Score: 1

    Ron Jeremy FTW!

    --
    Have gnu, will travel.
  32. Re:children during halloween? by PPH · · Score: 1

    ban images of women with small breasts

    Or a wax job that leaves anything less than a Hitler Mustache.

    --
    Have gnu, will travel.
  33. Simpsons Movie? by Czech+Blue+Bear · · Score: 1

    I have to wonder how the judge draws the line between something like this conviction and, say, the Simpsons Movie, where Bart is rocking some full frontal on the big screen.

    There's a difference, for sure -- one is funny and clearly a cartoon, whereas one sounds like it's purposefully sexualizing children. So the conviction could be grounded in intent. But it's a hell of a slippery slope.

    The tragedy is that the judge simply decides, somehow, based on his/her own guesstimate, which is affected by everything starting from his/her own beliefs, sexual orientation and paraphilias, childhood fears, adolescent fears, adult fears, up to whether he/she slept well or had a good/bad dinner, and such decision then becomes a precedent.

      (I'd guess that the judge will be especially harsh if he/she him/herself is a paedophile, or has another sexual deviation; because then it will be like a holy war inside his/her own mind, and he/she will feel victorious if the punishment will be as hard as possible.)

  34. Not Kids by JimSadler · · Score: 1

    To the western eye these cartoon images resemble children but in the nations of origin the drawings represent adults. The nature of the art is to draw the image with as few lines or details as possible and to westerners that somehow is seen as a child like image. School girls may well be college girls etc.. We are in one of those nonsenseable frenzies where everything is seen as a sexual threat. The system is irrational and needs to be limited.

  35. Plot Twist by LoyalOpposition · · Score: 1

    A 39-year-old UK man has been convicted of possessing illegal cartoon drawings of young girls exposing themselves in school uniforms and engaging in sex acts.

    What if they write a sequel with a plot twist where the girl was actually a Taiwanese 25-year old police woman who was undercover in the school trying to find illegal song downloaders? Will he get out of gaol retroactively?

    ~Loyal

    --
    I aim to misbehave.
  36. Re:broke the law plain and simple by The+Ickle+Jones · · Score: 5, Insightful

    broke the law plain and simple

    Appeal to law. Law != morality, so this is irrelevant. If your point wasn't to equate legality with morality, then your point was worthless, as everyone here already knows about this crappy law, so you don't need to tell them that the law was broken or that they can campaign for it to be changed.

    Would you want someone doing this with your kids?

    Appeal to emotion. Even if I wouldn't, that is no excuse for infringing upon a fundamental right like freedom of speech.

    You're an authoritarian to the core.

    Some of whom have been later convicted of sexual assault against the children they painted.

    Some humans are murderers, therefore all humans are murderers. Nice hasty generalization, there.

    Furthermore, freedom of speech > safety. Take your "Think of the children!" garbage elsewhere. Dailymail, perhaps?

    There is a big problem with the number of paedos in this country, already the police admit there are just too many too arrest.

    Fearmongering nonsense. For one thing, a pedophile is simply someone with a sexual attraction to prepubescent children; an individual pedophile isn't necessarily a child molester, and vice versa. You are using incorrect terminology.

    Second of all, society is safer than ever before; you need only look at crime statistics. If you're scared of child molesters, then you should never get into a car again, as it's far more likely you'll die in a car accident.

    I fond it odd that anyone is defending this on the grounds of free speech......

    Why is it odd to defend free speech on the grounds of free speech? What's odd is people who want government thugs to have the ability to subjectively determine that certain content is unacceptable for subjective reasons and then have it banned. That should be frightening to anyone who cares about freedom.

  37. Re:Community can set standards by The+Ickle+Jones · · Score: 2

    Community can set standards

    Sounds like tyranny of the majority to me. A good thing if you don't like individual liberties, but a bad thing otherwise.

    But. The guy is weird even for a brit and if he is monitored until the end of his time, all the better.

    Why is punishing someone who merely looked at images forever considered a good thing?

  38. Security analysis: Manga vs Gun by jcdr · · Score: 1

    We are close to see situation where having a charged gun in the street full of peoples including children, all seeing massive amount of murder involving gun while watching movies, TV, games, cartoon, anime, streaming, since there are young is considered as nothing wrong despite a lot of documented massacres, but seeing a manga along on his personal computer for self consuming fantasy is a crime.

    My point of view is that regardless of the subject there will be a tiny amount of peoples developing problems discerning differences between fantasy and reality, including inability to control there actions. For sure any society have advantage to identify this few peoples and to do something to protect the vast amount of normal peoples. The bad new is that historically societies are close to there end when there make rules disconnected from the reality...

    1. Re:Security analysis: Manga vs Gun by davydagger · · Score: 1

      >all seeing massive amount of murder involving gun while watching movies, TV, games, cartoon, anime, streaming, since there are young is considered as nothing wrong despite a lot of documented massacres

      is it just me, or is blaming mass murders on video games, movies, etc... seem like a giant paranoid stretch of the imagination, that always seems to be part of a giant double standard, part of a larger witch hunt. Its all based on sensationalism is the reason you hear about it on the news.

      Your also going to have to quantify "lots", because "lots" doesn't correspond to any known statisical anaylsis. and a mere tiny percentage of overall gun violence and even tiner of overall violent crime. It doesn't seems funny, because I can think of several major larger often overlooked factors, of violence, death and mayhem, that get ignored in favor of media sensationalism.

      Here are some cold hard facts:

      1. violent crime in the USA was at an all time high right before "DOOM", the first massively popular first person shooter was released. Since then games have gotten more violent, more mainstream, and more accessible to the public. There is a well pronounced correlation with a steady and massive fall in violent crime, that correlates almost perfectly with this.

      2. Police shoot about just as many people every year(about 480), than mass murderers do in about 20 years. Thats one shooting every six months compared to one shooting every 24 hours by the police.

      3. obesity claims around 110,000 people a year in the USA, which is more than all gun related deaths, accident, justified or otherwise(around 30,000), combined with drug related deaths.(another 40,000). you can even throw in "all murders"(12000), and double count gun related homocides, and still come up short of obseity.

      4. The massive motivation behind most murders, gun or otherwise is niether mental illness, nor the inability to tell reality from the TV screen, but organized crime. Below that are the police.

      I think you, yourself have trouble seperating fantasy from reality(because statistics don't add up). Hence your concern. Most people can in fact seperate fantasy from reality. If your affraid of being shot by a crazy person with a gun, who can't seperate reality from fantasy, you need to take a deep breath, and calm down, and stop being affraid. Thats the best solution for everyone.

    2. Re:Security analysis: Manga vs Gun by jcdr · · Score: 1

      First, you seem to fully agree that murder using gun is a bigger problem than manga, so why the word 'lots' cause you a so big problem ? Just compare to the numbers of deaths caused by manga... Now compare the legal risk of owning a gun vs owning a manga. Oups! It's not a statistic, it's a very simple basic comparison.

      Second, while your claims are probably correct (I haven't checked) and I never disputed them, you seem to assume that I am against them. It's not the case, but my point of view is from an other perspective: in the manga affair, the judge base his sentence on the perception that seeing image of a fantasy in a manga is dangerous because it's an illustration of something criminal in the real life and that this might confuse the reader. What's insane it that in comparison, all real guns and all illustration of murders by guns in a massive amount of media don't seem to be a problem *COMPARED* to the manga fantasy. Don't get me wrong: I doubt there is even a massacre that have been caused by a manga fantasy, so why owning a manga fantasy could be more criminal than owing a gun ?

      I propose that you read me with clam and only get the real part I have wrote, not what you don't know about me and that you like to think that you know. Acting only based on real fact is best solution for everyone.

  39. Re:Constitutions CAN be useful, if honored. by Nyder · · Score: 1

    No. In the U.S. cartoon images ARE protected by the First Amendment. This was decided by the U.S. Supreme Court in 2002. (Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)). Sometimes our Supreme court DOES get it right!

    Just don't take them over the border to Canada...

    http://comicsalliance.com/u-s-...

    --
    Be seeing you...
  40. and the UK is confusing the issue by davydagger · · Score: 2

    Is it just me, or does anyone else here think that the UK is seriously confusing the issue on why child porn is bad, and subtituting resolution for the victims of crime, with good ol' fashion morality, which is on the edge of a very slippery slope. Child porn is illegal to protect children from being exploited. Cartoon characters are not real people, and have no rights as such, and I'd really hate to live in a world where even the law cannot tell the distinction.

    This is a slippery slope, because cartoon characters have no actual birthdays, so they have no actual age, and there is no distinction between an "18 year old toon", and a "13 year old one", or with any variant of non-human, or un-realities that cartoons depict, there is really no standards, and this can be construed to arrest anyone for any cartoon depiction of sex.

    Lets call this what it is, a moral outrage, and not a real protection of anyone, child or otherwise. Someone went to jail for someone elses morality. This opens up the door for more morality based arrests.

  41. Re:take a page from the video pornographers' playb by Anonymous Coward · · Score: 1

    considering Tex Mex (the porn name for the Rei Heiroe of Black Lagoon fame) has done this with some of his works for, they may do that at the end of every book, just to fuck with the censors and give the audience a cheap laugh.

  42. Impossible to establish age! by Anonymous Coward · · Score: 1

    How does the court determine the age of the girl in the drawing? That's impossible to prove. It seems like a reasonable defense would be "it's a drawing of a 20-year-old who suffers from dwarfism."

  43. Re:Im concerned for my anime girlfriend by s0nicfreak · · Score: 1

    Well if you go by the "1 dog year = 7 human years" rule then she only has to be 3.

  44. Hmmm, is Lisa Simpson by s0nicfreak · · Score: 1

    27 or is she 8?

  45. Grey area stuff, non-lolicon by grimJester · · Score: 1

    I don't really like the arguments that a character drawn looking like a human child could be older according to the story, but I do think the opposite is a minefield. Loads of manga/cartoon porn features adult-looking characters that are underage in the original non-porn story and (I'd assume, lol) lots of people fap to these without knowing or caring that the original wasn't 18.

    In addition there's a lot of hentai where many wouldn't think twice about the risk of someone being underage but looking more carefully at it one could make a fairly convincing argument someone is under 18.

    A Swedish case had the entire court room laughing when the prosecutor claimed a manga character giving a blowjob was obviously underage because of the undeveloped boobs when it was actually gay porn.

    I don't feel any attraction to underage women and have never to my knowledge seen actual child porn on the net (Samantha Fox's boobs and Scorpion's Virgin Killer album don't count) but fapping to completely normal manga could technically land me in jail. That's fucking scary. I'll have to fap to non-normal manga for now.

  46. Art Museum Directors Next? by DaveAtFraud · · Score: 1

    How many museums have art by Botticelli? You know. The art with lots of nudes and cherubs?

    Cheers,
    Dave

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  47. Thanks for the cite. by Ungrounded+Lightning · · Score: 1

    No. In the U.S. cartoon images ARE protected by the First Amendment. This was decided by the U.S. Supreme Court in 2002. (Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)). Sometimes our Supreme court DOES get it right!

    Thanks for the cite!

    I'm really happy to be proven wrong on this one.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  48. Re:Constitutions CAN be useful, if honored. by AK+Marc · · Score: 1

    https://en.wikipedia.org/wiki/...

    Reality is worse than you imply.

  49. Can't deduce anything from it being a law. by penguinoid · · Score: 1

    broke the law plain and simple

    Not all laws are legal. For example, in the US various state constitutions have laws prohibiting atheists from holding public office, but those laws are themselves illegal because the US Constitution declares no such test may be made. Also, not all laws are moral. For example, Nazi Germany. Finally, not all laws are effective toward their supposed objective. For example, drug prohibition laws and the absurd amount of money they funnel to criminals, so you're not safer than without said laws.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  50. Re:In B4 self-righteous twats by AK+Marc · · Score: 1

    So all the pricks from the UK can shut up? But they never do.

  51. Already happened in the USA by bradley13 · · Score: 2

    I can't find the link - my Google-fu is apparently weak - but a couple of years ago a truck driver was arrested crossing from Canada into the US. Reason for the arrest: he had printed stories - fiction, not pics - describing sexual encounters with children. He was arrested for possessing child porn. I don't know what happened afterwards, and finding this online seems to be difficult, given the search terms needed...

    --
    Enjoy life! This is not a dress rehearsal.
  52. Lets do analogies by fyngyrz · · Score: 1

    No, a better analogy would be locking up people for having a drawing of a copyrighted song. Because, you know, people might THINK of hearing the song, and we can't have THAT.

    It's. A. Drawing.

    --
    I've fallen off your lawn, and I can't get up.
  53. No one is saying that by fyngyrz · · Score: 1

    You're being disingenuous here.

    We know loud sound and loss of sleep can cause direct physical harm. That's the basis for not yelling, bullhorns, and so on.

    There is no sane basis for banning words, drawings, sculptures, renderings, woodcarvings and so on. None whatsoever.

    The only sane basis for banning *anything* is it either causes such immediate harm to purse or person, or it is so likely to do so (ex, massively drunk driving) that the activity must be interfered with to lessen the odds of that potential becoming reality.

    When speech gets loud or amplified, the legit question is not what was said. Ever. The question is what were you thinking putting people's hearing and/or sleep cycles at risk?

    There is no reasonable argument that can justify a "right not to be offended", and there never, ever should be such a thing encoded in law. It should be painfully obvious as to why. If it isn't... oy.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:No one is saying that by AK+Marc · · Score: 1

      You're being disingenuous here.

      I'm being excessively literal.

      We know loud sound and loss of sleep can cause direct physical harm. That's the basis for not yelling, bullhorns, and so on.

      There is no sane basis for banning words, drawings, sculptures, renderings, woodcarvings and so on. None whatsoever.

      So it's the message, and not the act of speech that should be protected? The courts (here, and everywhere else in the world) have ruled that lying to harm someone is illegal. So the protection of speech isn't absolute. Fraud is illegal, as it should be.

      So now that we've discovered that there are limits to speech, can we not discuss where to draw lines?

      "There is no sane basis for banning words," So one can lie to others for personal gain (fraud)? Oh, and libel too, that should be fine, as laws against libel must be insane, by your measure.

      You miss the point that your absolutism isn't as absolute as you assert.

      There is no reasonable argument that can justify a "right not to be offended", and there never, ever should be such a thing encoded in law. It should be painfully obvious as to why. If it isn't... oy.

      Yes, and I'm sure that the case of the cheerleader parent who targeted a mentally unstable child and tried her best to cause a suicide, and managed to succeed, should have a statue of her made for the excellent work she did exercising her right to lie to cause harm in others. All she did was fraud. But because no money changed hands, it was legal. Attempted fraud is legal.

    2. Re:No one is saying that by fyngyrz · · Score: 1

      No one should have a "right to not be offended." Being offended is subjective. It has everything to do with you as an individual, or as part of a collective, or a group, or a society, or a community; it varies due to your moral conditioning, your religious beliefs, your upbringing, your education; what offends one person or group (collective, society, community) may not offend another; and in the final analysis, it requires one person to attempt to read the mind of other persons in order to anticipate whether a specific expression or perception will cause offense in the mind of another. And no, codifying an action in law is not in any way sufficient... it is well established that not even lawyers can know the law well enough to anticipate what is legal, and what is not. Sane law relies on the basic idea that we try not to risk or cause harm to the bodies, finances and reputations of others without them consenting and being aware of the risks. Law that bans something based upon the idea that some group simply finds expression objectionable is the very worst kind of law, utterly devoid of consideration or others, while absolutely permeated in self-indulgence. It is, in the end, something that encourages weak-mindedness.

      Conversely, when people are truly harmed (not just offended) without their informed consent (and legitimate defense is not the cause), then the matter is one that should arguably be considered for law. Otherwise, no.

      Your story depicts consequences of concerted psychological warfare upon an incompetent individual. Harm is possible. informed consent is not. Special care that does not apply in general society is called for. This is why your example completely fails to make your point. What applies to competent individuals is not particularly relevant to what applies to those not competent, whether that be because they are biologically deficient, or simply too immature to attain that level of sophistication.

      What you want, in the end, is that no one can be offended by expression or perception within the context of normal society. If you allow society to pursue this course, you will end up being unable to express yourself, for I guarantee you that almost anything you can say or do will offend someone, and likely grievously so.

      Either you take the attitude that others must deal with the ideas expressed to them or within their ken, or you begin to muzzle yourself -- and everyone else. Benefits would definitely accrue to those who wish to be coddled, but everyone else will suffer. Free expression is important. It is definitely more important than the possibility that someone, or many someones, might be offended. If that's not how you see it, then we have no common ground where a meeting of minds could take place on this issue.

      --
      I've fallen off your lawn, and I can't get up.
  54. lol verizon by fyngyrz · · Score: 1

    Verizon, as a telephone company, doesn't censor "illegal" voice traffic, does it? They do not, last I checked. That's because Verizon is a common-carrier and is not held liable for telephone content over its wires.

    No, it's because they make sure every word you say is parsed by the government. The government decides if it doesn't like what you said if and when it becomes convenient for them to do so. Not only is your speech free, it's on deposit in special government accounts with your name right on them. You had just better hope it doesn't start earning "interest."

    --
    I've fallen off your lawn, and I can't get up.
  55. That dysfunctional line in the sand by fyngyrz · · Score: 1

    There's no such thing as a "well designed lawful age metric." Though I'm not sure you were even implying there was. But in any case:

    It's about comprehension, consent, and physical development. Age cannot serve to draw such a multidimensional line effectively. There are obvious cases of young teens who know exactly what they are doing, are doing it carefully, and not in any way coming to harm. There are obvious cases of "adults" who are so unready for sex by the "comprehension" and "informed" metrics that it is painful to even consider it. And everything you can think of in between.

    --
    I've fallen off your lawn, and I can't get up.
  56. Pedophilia is not ridicilously common by aepervius · · Score: 4, Interesting

    Ephobephilia, exclusive or not , is ridicilously common (10 to 20% prevalence depending on the study). Pedophilia IIRC barely scratch the 0.2 to 0.5%. What is the difference ? Secondary sexual characteristic. See in some country people have been flagging teh attraction to underage male & female NO MATTER THE AGE as pedophilia. But the reality is that pedophilia has a clear definition is the attraction to a child which does not display secondary sexual characteristic. Ephebophiliac on the other hand are attracted to young postpubescent teennager which display such sexual characteristic (for example young 14 year old female girl with breast) but are not at all itnerrested into prepubere children , like a 5 year old.

    The problem is that in some country like the USA people are mistaking one for the other. They accuse often ephebophiliac as being pedophiliac. They are not the same category, they ephebophiliac,e xclusive or not, are not even recognized as a pathology, only true pedophiliac are.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  57. Dangerous precedent by SuricouRaven · · Score: 1

    We're also very good at moral panics and crusades. The US can only copy: We invented them.

  58. Re:Petite girl friends by Godwin+O'Hitler · · Score: 1

    I was at a house party a few years back where there was a Vietnamese girl who looked for all the world like a 15 year old. It turns out she was 25.
    I commented on this a day or so later to a woman I know, who ventured to suggest that anyone who went out with her was obviously attracted to childish looks and therefore a dangerous, evil paedophile who should be locked up.
    This might actually be true in the case of a genuine card-carrying paedophile, while at the same time a lot of non-paedophile suitors would be scared away. But what's the girl then supposed to do for a boyfriend? Go out with 15-year olds herself, making her the paedophile?

    --
    No, your children are not the special ones. Nor are your pets.
  59. Swedish manga case by BobbyWang · · Score: 1

    There was a similar case in Sweden which highlighted many of the problems with current child pornography laws. It was a manga translator who was accused but was finally declared not guilty in the final instance (högsta domstolen). The picture in question depicted a topless (relatively realistic looking) manga girl standing alone on a field.

    So what is child pornography exactly?

    1) It depicts a child. A child is someone, real or fictional, under 18. This includes an adult pretending to be a child (also called age play). And also an adult looking like a child (willingly or not), for example by dressing in childish clothes. One tool to decide if someone looks like a child is the Tanner scale (which was used in court).

    2) It is pornographic. This is of course very subjective and defined as what is commonly perceived as pornographic. An obvious problem with this definition is that something needs to contains adults (or at least teens) to be commonly perceived as pornographic to begin with. So one has to imagine to be a paedophile in order to make the decision. Which is only unnecessary sexualisation of children (for example pictures children playing on a beach becomes commonly perceived as pornographic).

    The laws tend to get more and more inclusive to include more and more as child pornography. And no one wants to pull the breaks since it will get them accused of liking child pornography and being pedophiles themselves (an open goal for political opponents). While in reality the real child pornography (with real children being real victims) simply gets dwarfed by the vast amount on cartoons and teens taking pictures of themselves. Which makes it difficult for the police to legally focus their resources.

    These laws are expansions of laws against indecent behavior. You are not allowed to have sex in public -> you not allowed to publicly display pictures of people having sex, or other pornographic images -> some pornographic images you are not allowed to distribute -> some pornographic images you are not allowed to possess.

    It would make much more sense to instead expand the laws of sexual assault, to forbid images of those. There is not much point in determining of someone may find them pornographic or not (from a legal perspective).

    One key question here is of course what the relationship is between child pornography and pedophiles committing sexual assaults. One possibility is that the pornography inspires pedophiles to commit more sexual assaults. Another is that the pornography keeps the pedophiles occupied so they commit less sexual assaults. The studies made on serial offenders point to the conclusion that pornography lessens the risk of repeated offenses. But it's uncertain if this is also true for the first offense (which isn't as easy to study for obvious reasons).

  60. Moral Imperialism by Udom · · Score: 1

    Christopher Handley, a 39 year old comics and Manga collector in Iowa pled guilty in 2009 to an offense under the Protect Act after a shipment of comics he sourced from Japan was opened by customs. He was sentenced to 6 months in prison. With real child pornography real children are abused in the making of the film. The extension of the prohibition to virtual children criminalizes the communication of bad thoughts but the same holds for other types of material, possession of the Anarchist's Cookbook for example. There are lots examples in Labor history of union organizers being arrested for distributing pamphlets. So criminalizing the communication of ideas is not new. The question is where to draw the line.

  61. Re:Constitutions CAN be useful, if honored. by BitterOak · · Score: 1

    Not true. In order to conform to Ashcroft v. Free Speech Coalition, the new act only prohibits images that are obscene. In other words, it isn't enough that the (cartoon) images depict children having sex, the images must depict children having sex and ALSO must be obscene. Obscene speech was never protected by the U.S. Constitution. Cartoon images are no exception.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  62. Here is the link the history of the law. by metzjtm · · Score: 1
  63. Like violent video games by Firethorn · · Score: 1

    Indeed. Observe violence rates compared with the playing of violent video games. Despite trying to restrict them, studies that look at the long term actually find a negative correlation between violent video games and real life violence. You have to look at very young children shortly after the game to find increases.

    --
    I don't read AC A human right
  64. Portrait of Marie-Louis O'Murphy (Nude on a Sofa) by goulo · · Score: 1
    http://www.wikiart.org/en/fran...

    https://en.wikipedia.org/wiki/...

    Marie-Louis O'Murphy was 14 when this nude portrait of her was painted by Francois Boucher in 1752. It seems pretty obviously erotic. (A nude portrait of her caused her to come to the king's attention, and he took her on as another of his lovers.)

    I guess anyone in the UK who views this famous painting (which currently hangs in a German art gallery) and thus has the image in their browser cache might get in legal trouble.

  65. Re:In B4 self-righteous twats by Hognoxious · · Score: 1

    Fail. Like everything else in the people's United communist Kingdom they're run by teh gubmint.

    There was, IIRC, a pilot scheme. Those with wisdom looked West and saw that it was a stupid idea.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  66. Re:In B4 self-righteous twats by AK+Marc · · Score: 1

    Ah, so not only did they try it, but couldn't figure out how to make it work. At least we never had workhouses and debtor prisons.

  67. Re:broke the law plain and simple by The+Ickle+Jones · · Score: 1

    Care to point out where he said "Pedophiles are like Rosa Parks."? No, you can't, because he didn't; that was a straw man.

    Let me help you understand the situation, since you seem to be too stupid to do it yourself. One guy said that the people looking at these images are breaking laws "plain and simple," as if that in itself was a bad thing. Then, someone else mentioned people who broke the law (Rosa Parks being an example) to show that breaking the law is not necessarily wrong.

    There was no comparison. Just someone using someone's stupid fucking logic against them.