Viewing child pornography online not a crime: New York court ruling

Viewing child pornography online not a crime: New York court ruling

news.yahoo.com

"The purposeful viewing of child pornography on the internet is now legal in New York,"

(visit the link for the full news article)

WTF, seriously?

This law covers CP being in your Cache, where downloading it to your HD is still illegal...

BUT THATS how most porn is now days, not downloaded to hard drive but permanently stored and streamed on the web...

So you can go to IMG boards and view this # with intention and be free and clear...

this is BS of the highest order.

news.yahoo.com
(visit the link for the full news article)

I can see the reason for this. If you click random links, eventually you end up at a site thinking "WTF", whether it might look like what the OP is about, or animals, or some other nonsense.

I wish they had a porn section of the internet that was strictly 18+ and verified, instead you aren't left to wonder. I prefer stuff with the 18 disclaimer in the beginning of the video, but again, you never know what's going to come up on outsourced tube sites

or...

You could have a young relative on facebook, who posts a lewd of her friend when they are dressing. It subsequently gets removed but it's in your cache from the feed or clicking on her profile.

Can't see prosecuting for that. Once someone downloads it though, you can't argue it was an accident.

I think the spin here is terrible, instead of telling people that it's so called "legal" they should be focusing on the fact that people are protected from accidental exposure.

reply to post by boncho


No you do not, you don't just stumble on Child porn, even if your on 4chan your not going to end up with a cache full of CP.

And I just had an epiphany

This will cause the crack down on the internet, from the out cry of the rest of the country. This will be the reason they will usher in SOPA like Regulation on the internet.

"to protect the children."

Its a set up.

forget states, and NY is Gotham,

anyways, how is kiddie porn not a federal offense?

now we all know what BLOOMBERG is watchin

it is child sex abuse + rape + 'prostitution' + lewd defamation regardless of who's makin the money or if it be 'unpaid'

Originally posted by benrl
reply to post by boncho

 

No you do not, you don't just stumble on Child porn, even if your on 4chan your not going to end up with a cache full of CP.

And I just had an epiphany

This will cause the crack down on the internet, from the out cry of the rest of the country. This will be the reason they will usher in SOPA like Regulation on the internet.

"to protect the children."

Its a set up.

edit on 9-5-2012 by benrl because: (no reason given)

I fear you are correct.
problem --> reaction --> solution

reply to post by AnonymousCitizen


They where already banging the child protection drum for the last internet laws they tried to pass, just imagine the propaganda this crap cause.

Originally posted by benrl
reply to post by boncho

 

No you do not, you don't just stumble on Child porn, even if your on 4chan your not going to end up with a cache full of CP.

And I just had an epiphany

This will cause the crack down on the internet, from the out cry of the rest of the country. This will be the reason they will usher in SOPA like Regulation on the internet.

"to protect the children."

Its a set up.

edit on 9-5-2012 by benrl because: (no reason given)

No. BUT THAT IS EXACTLY MY POINT.

There should be some discretion within the law. Under a law that an image in the cache of your computer can be prosecuted, simple accidental exposure could send someone to jail.

Now, there was a story in BC about 6 months ago? Where pictures were taken of a naked 16 year old and plastered across facebook, it eventually became a case with much more involved in it. However, people were prosecuted for the pictures on facebook. Does that mean, every person that clicked on it should be prosecuted? As information sharing is so easy that you can simply click, link and someone else can see it, it doesn't give time for people assess whether or not images are legal.

And then 4chan was mentioned as well. Better just to stay away from that....

Now, on the other hand, you find someone with thousands of images in their cache. Surely this law cannot protect them. That is where the discretion is needed.

reply to post by boncho

There should be some discretion within the law. Under a law that an image in the cache of your computer can be prosecuted, simple accidental exposure could send someone to jail.

YES but now they have opened the door as that is the perfect defense for all Pedophiles, It was never on my HDD it was only in the Cache so I wasn't "downloading it"

Image boards are now free and clear for all Pedophiles with this ruling in new york.

There is a middle ground, but these idiot law makers have no clue about the Internet and technology, when was the last time anyone actually downloaded porn to their HDD? its all img boards and streaming now days.

This is BS and its going to end badly, NOT to mention, NEW york just became the destination of choice for Pedophiles everywhere.

Sick? yes.. Criminal? I'm going out on a limb and saying no.. We don't need to crowd our jails with people who happen to view things on the internet. If you can catch the person taking the photos or movies then I say throw the book at them but to go to jail for looking at some pictures I think is a bit of a tyrant action.

Do we want to live in a free society or not? How about the parents obligations to take care of their children? How about personal responsibility? To have freedom and a free society you are going to have some bad crap in the mix but at least you will be free of tyrants..

It's sort of like legalizing drugs. I don't want to see my children doing heroin or coke but the reality is I want a free country where people can make decisions for themselves as long as it doesn't hurt anybody else, so with that I have to accept the bad and the good. The trade off of chasing it as illegal isn't worth the cost financially or socially. Don't blame the drug user, blame the drug trafficker and dealer. Don't blame the sick person who looks at it, blame the person who took the photos and the website that offers it up.

I prefer to live in a country where laws do more good than bad. It's an illness that should be treated that way. Why do we always punish our mentally ill? Maybe they were "born that way" like so many gay people love to shout. They need help not jail time. People that commit acts WITH actual children can go burn in hell for all I care.

reply to post by benrl


This is all really irrelevant anyway, the protect the children thing is nonsense. And when they actual catch the people at the top who are posting or providing the material online, they let them out after a few years when they know they will reoffend.

Just days before the trial began, defrocked priest Edward Avery of the Philadelphia Archdiocese pleaded guilty to involuntary deviate sexual intercourse and conspiracy to endanger the welfare of a child after admitting that he sexually assaulted the 10-year-old altar boy during the 1998-99 school year. Avery, 69, was sentenced to two-and-a-half to five years.

Link

reply to post by libertytoall


Child porn is So abhorrent that this can only be an attempt to in act tougher legislation against the Internet...

This free society idea will be the reason for locking down the internet.

People in the bible belt will hear about this, and than its over, the same reason we got Bush in office will be the reason the internet is locked down.

Ive seen post recently about the liberal fascist agenda, and if so I couldn't see a faster way to inact policy to censor and regulate the Internet than by making it a haven for CP.

well, the definition of cp is the reason for this solution...if a 17yr old is striping via webcam you actually watch cp...also if the video is uploaded to another page (what in fact is illegal distribution - see this is a bit more complex)...

i am sure all of you think about cp as 10 yrs old getting raped...

maybe we need to change the definition...

and as far as you just watch you dont get into trouble, but a download or a upload is still a crime...a wierd case of costmer protection

Well people need to begin to learn REAL QUICK what freedom looks like. Freedom, massive nannying and regulation do not belong in the same sentence. You have freedom which appears to have VERY LITTLE regulation and then you have what we have, massive oversight, laws, prosecutions..( Big government tyranny) So if the solution to freedom is ever to expand control you know damn well what you're going to get is the opposite of freedom.

Originally posted by benrl
reply to post by boncho

 

There should be some discretion within the law. Under a law that an image in the cache of your computer can be prosecuted, simple accidental exposure could send someone to jail.

YES but now they have opened the door as that is the perfect defense for all Pedophiles, It was never on my HDD it was only in the Cache so I wasn't "downloading it"

Image boards are now free and clear for all Pedophiles with this ruling in new york.

There is a middle ground, but these idiot law makers have no clue about the Internet and technology, when was the last time anyone actually downloaded porn to their HDD? its all img boards and streaming now days.

This is BS and its going to end badly, NOT to mention, NEW york just became the destination of choice for Pedophiles everywhere.

I understand where you are coming from. And effort needs to be made to get the people providing it and/or posting it online though. If you stop it at the source, it won't be available.

It's kind of like busting the person who systematically buys contraband over and over again. However, if you limit the contraband by stopping the source, or supply, there is none to make it down the chain.

I think the bigger problem is what focus there is on the production of, rather then viewing of. But I don't disagree with how this law could be manipulated and you have a very valid point.

Maybe CP on the internet has prevented hundreds of pedophiles from committing ACTUAL acts. Wouldn't that make it better than the alternative? Not saying it's good but it could be much worse as well.

Originally posted by benrl
reply to post by libertytoall

 

Child porn is So abhorrent that this can only be an attempt to in act tougher legislation against the Internet...

This free society idea will be the reason for locking down the internet.

People in the bible belt will hear about this, and than its over, the same reason we got Bush in office will be the reason the internet is locked down.

Ive seen post recently about the liberal fascist agenda, and if so I couldn't see a faster way to inact policy to censor and regulate the Internet than by making it a haven for CP.

When I was in high school, webcams were just becoming available. Now it's cell phones. Technically, back then, about half our female seniors (16-17) were guilty of producing and distributing CP. Every week people gathered around to hear which girl just took her clothes off.

From news sources, it seems teenagers are doing it on cell phones now. (We never had cameras in our phones).

I think the problem with a lot of laws, is that they are so open-ended, they fail to make a distinction between something that is harmless and something perpetrated by people with harmful intentions.

I think toddlers in tiaras the TV show is borderline child porn. I could never understand beauty pageants with young girls in half naked clothing.. How come that is acceptable at all? It just doesn't make sense..

reply to post by libertytoall


no, in fact its the other way...many pedophiles actually commited the act because of watching cp in the internet and the knowing of a community that is on the same side...

Originally posted by Hessdalen
reply to post by libertytoall

 

no, in fact its the other way...many pedophiles actually commited the act because of watching cp in the internet and the knowing of a community that is on the same side...

I can accept that as possibly true as well.