Amercian arrested for Child Porn by Canadian customs who found manga on his computer.

[KingsGambit_v1legacy]

I love the line in the article "This case is also important with respect to artistic merit in the Canadian courts, and a good decision could bring Canadian law closer to US law in that respect.". If he entered a country carrying something illegal by their laws they can rightfully arrest him. And thankfully in the more civilised nations he'll have opportunity for a (fair) hearing and/or help from his government.

First off, since when does customs have the right to go through your laptop? I have never traveled out of the country but this is the first time I have heard of an agent doing this.

They've always been allowed to if they chose. When traveling internationally they can search your person (a little familiarly I think), all your bags and possessions, documents (unless specifically told otherwise AND they agree with the reason why (eg. confidential legal/commercial/financial documents, etc) and computers. They can confiscate contraband and arrest you if you're carrying anything illegal (eg. weapons, drugs, as in this case, porn, etc).

If there are no victims for an activity, then it isn't a crime. End of discussion.

So buying and selling drugs is okay? Selling drinks to 12 year olds is alright? Crimes don't always need victims to be crimes, don't be immature.

Who is victimized by this crime?

No one, he's not being charged for victimising anyone, or for harming or molesting a child. He's been arrested for possessing child porn. His crime is the possession and bringing it into the country.

 

[sgt. soap mctavish]

Wait so a guy was arrested for having CP, but all he had was some manga?

I'm guessing animated child porn is what they mean by manga in this case.

 

[KingsGambit_v1legacy]

This should moreso be a case of just what the fuck is searchable at teh border.

Searching a laptop is bullshit. Absolute bullshit.

Sorry if he committed the unwritten crime of wanting to visit canada.

Dude, if they wanted to cavity search you you can be sure you'll be naked and bent over a table while a large, hairy man greases up his gloved fingers, else on a plane leaving the country or on your way to a cell. He could have been carrying a weapon or drugs, customs can and do search whomever they want when you try to enter any country. In Saudi Arabia, possessing Vogue/Cosmopolitan or a gent's magazine (eg. FHM, Nutz, etc) is illegal. They would likely confiscate it and let you pass, but could as easily arrest you if they chose.

They generally need good cause but frequently pick people at random for a search. Chances are high he was one of the random few chosen for a thorough search.

 

[KingsGambit_v1legacy]

Why should he be punished if he didn't harm anybody?

His crime was possessing something illegal, not harming someone. Whether you consider the material he possessed "morally acceptable" or "morally objectionable" is irrelevant. It's illegal material in the country he was visiting and he was caught carrying it.

 

[Plurralbles]

This should moreso be a case of just what the fuck is searchable at teh border.

Searching a laptop is bullshit. Absolute bullshit.

Sorry if he committed the unwritten crime of wanting to visit canada.

Dude, if they wanted to cavity search you you can be sure you'll be naked and bent over a table while a large, hairy man greases up his gloved fingers, else on a plane leaving the country or on your way to a cell. He could have been carrying a weapon or drugs, customs can and do search whomever they want when you try to enter any country. In Saudi Arabia, possessing Vogue/Cosmopolitan or a gent's magazine (eg. FHM, Nutz, etc) is illegal. They would likely confiscate it and let you pass, but could as easily arrest you if they chose.

They generally need good cause but frequently pick people at random for a search. Chances are high he was one of the random few chosen for a thorough search.

I really dont' need what they do listed out for me like I have no idea. I'm saying that people should have more privacy in crossing the border than they currently do and it should take a lot more than being drawn out of a fucking hat to have your computer's data reviewed.

 

[The_root_of_all_evil]

How did they find the stuff on his laptop, that means that the customs guy had to take it, turn it on and hunt through all his files, and he did this just on a whim? I never really fly internationally but doesn't that seem a bit excessive?

Gotta say that was my first thought. You're looking at a specific couple of minutes checking here.

That's either excessive or provoked.

 

[parky85]

Can you people not see that it isnt REAL.

being arrested for this is like being arrested for murder for playing cod.

 

[KingsGambit_v1legacy]

So you're saying that it doesn't matter why something is illegal, just if it's illegal.

Correct. If you're visiting a country, respect their laws. If you're caught breaking the law, expect to be punished. If you don't want to risk punishment, don't do anything illegal (or at least don't get caught).

I really dont' need what they do listed out for me like I have no idea.

Then why write something so frivolous as

Sorry if he committed the unwritten crime of wanting to visit canada.

If you know that customs can and do search people, why are you so outraged that they searched someone? Surely you can't be surprised by that? You're outraged that they caught someone you've never met carrying contraband? Or you're outraged that the contraband in question is not something you consider objectionable?

Drugs and alcohol =/= drawn porn.

Try not to throw around words like immature without thinking for a second.

They are victimless crimes. Any possible effects of the chemicals in question are irrelevant. The crime is in selling the substances which is victimless. If he had been smuggling a gun through customs, that would also be a victimless crime.

And if you don't believe immature was justified, why make such a silly statement originally and "end discussion". The only person on the planet who can "end" the discussion, is Canada's Chief Justice.

 

[The Lunatic]

I think he should receive psychological help to see if anything can be done about such things.

The reason people look at this kind of thing can be due to a troubling childhood or any number of things, and if it's a result of that then the guy needs help and therapy.

Not to say that everyone who looks at that kind of thing needs such treatment, but, I can't exactly see it as the kind of thing a healthy individual observes.

In terms of the law. Before anyone starts shouting "OMGZ FREEDOM OF SPEECH! IT'S NOT REAL! COD IS THE SAME". Actually look up the reason why it's illegal, will you? Please?

The reason laws like this exist is due to loop holes.

If the depiction of children in porn wasn't illegal, what's to stop an artist simply taking a photo of a child being abused in such a way, recreating the scene in an art form and then distributing this? What's effectively been created is legal child porn.

Another thing you have to realize is that these laws aren't modern. The British law that governs this was made in 1978, and the part of "photographs" was added in 1994, and 2008 was amended to give information on what exactly is a "Pseudo-photograph" which it aims to "Tracings or other images".

Now, given we're in 2011 and I can more or less assure you that not a single law maker knows what the hell "Loli" or "Shota" is, you have to realize that the reason the thing in the OP happens is simply because the people who made these laws had no idea these things existed and thus couldn't accommodate such laws for such things.

Nobody has said "Lolicon is illegal". It's simply a case that tracings and such are illegal, therefore lolicon and whatever has to be.

If you're really sure, depictions of child porn are really your thing, you're just going to have to put up with it being illegal, and be glad that it is, otherwise, it's exploitable and would mean that child porn that legitimately harms children, could be made legal. At the end of the day, don't be an idiot, it's illegal, don't carry it around with you.

 

[kayisking]

I am personally of the belief that if an act harms nobody, then it should not be against the law.

 

[Snowy Rainbow]

If there are no victims for an activity, then it isn't a crime. End of discussion.

Attempted Murder says hello. So does her friend, Soliciting Murder.

 

[Snowy Rainbow]

-

You made the claim that no victim = no crime. I simply showed you two potentially victimless crimes.