Viewing Child Porn now Legal in New York

[Unsilenced]

I saw the title of this thread and thought, "boy. Looks like some delicious alarmism."

I was not disappointed.



Sooooo... yeah. Making "viewing" of something in and of itself illegal is stupid. What if someone hijacked a jumbotron or something? Would they arrest the entire stadium? Those would be some fun cases to try.

"I DIDN'T SEE IT! I WAS GETTING NACHOS! I SWEAR!"

What the law says now is that they have to show in some way that that was what they were looking for, I.E by downloading it. This makes more sense.

 

[idarkphoenixi]

It isn't made legal, as Gizmodo suggests, it's just not illegal to look at pics and such. It's only illegal if you're found to be in direct possession of it.

Kind of makes sense, watching it isn't as big of a problem as finding the people who actually make the stuff and cause direct damage to the children doing it. Can see it being used as a way to help persuade people to tell where they say said content.

Should be interesting to see how it all plays out.

I havn't read it myself yet but assuming you were accurate then yeah, pretty much agree.

I mean it's all terrible no matter what the excuse is but there should certainly be some kind of distinction made between the viewer and producer. After all, someone could accidently download it in a misleading folder.

 

[funcooker11811]

They can take it as encouragement but it's not direct encouragement.

Seriously? "They can take it as encouragement"? How the hell else are they supposed to take it? Again, please explain that one to me, because i'm sure whatever justification you can use for it must be something incredible.

 

[RaikuFA]

I worry about CP on my comp. I worry that if I send it into someone who will fix it, they'll plant CP into my computer then call the cops.

Or my computer gets hacked and its planted into my computer.

 

[evilneko]

Actually, it's currently in legal hell.
And unconstitutional. To my recollection, it was actually put on the back burner as soon as it was signed in.

So, it's illegal by an illegal law that was nulled yet has been actively used in court on at least one occasion while the Supreme Court won't actually have a hearing on the damn thing so nothing will get done.

So, it's a legal gray area, to put it very simply. Oh, and it's only "illegal" in cases where it is "obscene", an idea that I'm pretty sure has the founding fathers turning over in their graves. :/

So, legal status of it in the United States is: Do whatever you want because the law has no actual opinion on it.

Say it with me now, Land of the Freeeeeeeee, and the Home of the Brrrraaaavvvvveeeee~


Please excuse me for any incorrect info because I cannot find any info that is consistent and I just woke up so my eyes are seeing double and at a clarity of shit-filled water. :L

EDIT:I also beg people to actually follow the link and read the MSNBC article. The thread title is highly misleading, though likely unintentionally.

Oro? Neither of those links seems to support your claim that 18 USC 1466A, or indeed the entire PROTECT Act, is in any sort of "legal hell." A different section of it has been ruled unconstitutional, however.

Holy crap, someone else actually watched Angel Links...

OT: Hentai is not child porn. Some people need to get that through their skulls. However, real CP needs to be reported ASAP. That's not cool.

Yeah, although it wasn't nearly as good as Outlaw Star. Extremely repetitive. Meh. If I had seen some fansubs of it, I probably wouldn't have bought it. >.>

Also, hentai is just a broad term for anime/manga porn. Just like not all porn is child porn, but some of it is, not all hentai is child porn, but some of it is.

So you are not a good citizen, got it.

(2) above still applies.

So everyone with basic net skills is not a good citizen? Got it.

Anyone with information of any crime, especially crime against a child, who says "its not my problem and I won't report" it is not a good citizen.

Or they fear being accused of the crime themselves, which, while so far I haven't found a story like that, the fact that it was brought up here earlier shows that perception is out there. Or maybe they have no idea how to report it. Or, most tragically, they've tried reporting it and been ignored. And of course, we've all seen witnesses on cop shows unwilling to talk for fear of retribution.

Remember, only Sith deal in absolutes!

 

[evilneko]

I worry about CP on my comp. I worry that if I send it into someone who will fix it, they'll plant CP into my computer then call the cops.

Or my computer gets hacked and its planted into my computer.

Sadly you're right to worry about that. [http://www.foxnews.com/story/0,2933,244009,00.html] Seriously, dude is a sex offender now and forever because of a fucking virus. What kinda shit is that?

captcha: oh, lord. Indeed.

 

[RaikuFA]

I worry about CP on my comp. I worry that if I send it into someone who will fix it, they'll plant CP into my computer then call the cops.

Or my computer gets hacked and its planted into my computer.

Sadly you're right to worry about that. [http://www.foxnews.com/story/0,2933,244009,00.html] Seriously, dude is a sex offender now and forever because of a fucking virus. What kinda shit is that?

captcha: oh, lord. Indeed.

It says they had no firewall up. I always have a firewall up. So I might be ok...

 

[evilneko]

I worry about CP on my comp. I worry that if I send it into someone who will fix it, they'll plant CP into my computer then call the cops.

Or my computer gets hacked and its planted into my computer.

Sadly you're right to worry about that. [http://www.foxnews.com/story/0,2933,244009,00.html] Seriously, dude is a sex offender now and forever because of a fucking virus. What kinda shit is that?

captcha: oh, lord. Indeed.

It says they had no firewall up. I always have a firewall up. So I might be ok...

Of course, having a firewall is only part of securing your computer. A firewall doesn't do much to prevent infection, and it's possible for a virus to actually disable it, so it might not even do anything. Good antivirus protection is a must, preferably in the form of an executable whitelisting product such as Faronics AntiExecute.

 

[theultimateend]

When I think of child pornography, I think of films/pictures where a child was actually abused to create them, not hand-drawn art or stories or adult actors playing a role. Yes, you've seen people fake being murdered in action films, but it's unlikely you've watched actual snuff films.

There are websites for such things, and they are legal. I have seen an actual living person have his head cut off with a chainsaw for real.

Which I don't suggest, it turns out your head is like...SUPER important.

Probably right up there with kidneys in terms of things you don't want removed with a chainsaw, or at all really.

 

[renegade7]

Guess that means the Law and Order SVU writers are gonna need to come up with some new material then

 

[DudeistBelieve]

This ruling is relatively sensible, as otherwise people who accidentally click http://website-hosting-cp.com could be prosecuted for their actions, despite not actively wanting to download it.

There needs to be legislation about viewing CP hundreds of times with relative frequency, but I think this is the right decision as it doesn't create bad legal precedents.

Yeah it's the "accidentally viewing it for several hours every day" element of this ruling that seems a little questionable. Obviously there needs to be protection for dullards who blithely click into mysterious links, but I kind of assumed something like that was already in place. This seems...more encompassing.

Not that I'm a lawyer, or fully understand the legal implications involved.

Seems like an easy way someone could set another person up. All you need is access to their computer with out them knowing.

I think the law is best left as is. Theres to many ways that could be abused if it's changed.

 

[RaikuFA]

I worry about CP on my comp. I worry that if I send it into someone who will fix it, they'll plant CP into my computer then call the cops.

Or my computer gets hacked and its planted into my computer.

Sadly you're right to worry about that. [http://www.foxnews.com/story/0,2933,244009,00.html] Seriously, dude is a sex offender now and forever because of a fucking virus. What kinda shit is that?

captcha: oh, lord. Indeed.

It says they had no firewall up. I always have a firewall up. So I might be ok...

Of course, having a firewall is only part of securing your computer. A firewall doesn't do much to prevent infection, and it's possible for a virus to actually disable it, so it might not even do anything. Good antivirus protection is a must, preferably in the form of an executable whitelisting product such as Faronics AntiExecute.

I have Norton, it came with my internet provider. I'll take a look at Faronics though.

 

[Elate]

Hm... I think it depends on the definition personally, while I'm not really.. into lolicon.. some people are, however, that could be considered child pornography here the UK, I think several sites are blocked because of it. Personally I think that's wrong, since no child was subject to it, and as such should be fine.

The problem comes when real children are involved, that's wrong no matter how you try and spin it, and possession should be illegal no matter what.

 

[loa]

I have seen all manners of horrific things and I have viewed them willingly, yet if I turned myself in, they would turn me away, for I have committed no crime. If a man looks at some child pornography, is he a child abuser?

Ah this is interesting, yes.
There is a downright hysteria about this going on.

Whenever it is brought up, it is like a call to a contest of who can scoff the hardest, who can come up with the most gruesome punishment for those sick minded individuals that should be hanged by their entrails and whatnot as if anything that isn't just utter hate or even something hinting at acceptance means you yourself must be a child abuser because "how can you defend that?".

You must be evil.

You must be... a witch.

It's a modern witch hunt. That's what it is.
If the act of drawing it is being made illegal and I feel that if they could somehow look into peoples heads, they would illegalize thinking about it too (cause those 2 are actually pretty close together) then it is pretty clear that we are no longer dealing with this in any rational way whatsoever anymore.

I for once applaud at the decision that the act of looking at something is now no longer illegal.
It is unusually... sane. Yes.
Albeit it feels like applauding at a toddler for no longer shitting its pants but hey, babysteps.