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Jarmak posted:Or instead of doing something retarded, convoluted, impossible to implement, and ripe with loopholes to exploit we could... add language too the bill indicating that images could not be considered as violating the law if they were legal to possess at the time of receipt? Yeah, great... now find a way to prove in a court of law that the image was legal to possess when it was received, possibly with an uncooperative sender. If we don't do something convoluted like a digital signing scheme, we have to either accept that pedos will get away with sharing/viewing exploitative child pornography on the edge cases, or that the laws will probably end up being used against "undesirables" like that 12-year-old that got put on the sex offender registry for having sex with another 12-year-old. You can't make or modify laws without considering how they will actually be enforced.
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Apr 6, 2016 18:33
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PT6A posted:Yeah, great... now find a way to prove in a court of law that the image was legal to possess when it was received, possibly with an uncooperative sender. This is trivial to do unless the original sending and receiving device are both unavailable. In which case I'm kinda okay with people not being legally allowed to actively preserve naked pictures of their 15 year old high school girlfriend/boyfriend for ages after that person would rather they not have that anymore. Your solution is possibly the most unenforceable scheme I can possibly think of.
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Apr 6, 2016 19:22
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Jarmak posted:This is trivial to do unless the original sending and receiving device are both unavailable. I can't think of a reason to drag it up though, because that would also criminalise people who merely forgot they still have girlfriend/boyfriend pics.
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Apr 6, 2016 19:50
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I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!
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blowfish posted:I can't think of a reason to drag it up though, because that would also criminalise people who merely forgot they still have girlfriend/boyfriend pics. Naw it would be trivial to prove if they were just forgotten because it would be on the same device. If it wasn't the sender's testimony would do just as well. Literally the only time you'd have trouble is if you were actively preserving nude photos who was willing to perjure themselves to say otherwise. Third option, they have to prove the subject's age to prove they are underage, do if they even so much know who the subject is it would be some simple math to get the age of the accused.
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Apr 6, 2016 19:58
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I kind of agree with the idea that if it's legal to gently caress someone it should probably also be legal to possess naked pictures of them.
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Apr 6, 2016 20:08
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Jarmak posted:Naw it would be trivial to prove if they were just forgotten because it would be on the same device. God help anyone who gets a new phone and just moves the SD card over. 
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Apr 6, 2016 20:12
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i know a family who has endured hardship because the father was arrested for allegedly viewing child pornography, and this is weird but i actually feel bad for the guy because he seemed to be a good father and fought in afghanistan and struggled with that and he is everything to his children and it's he's the sole breadwinner which had ruined their economic situation and forced the entire family to do more than anyone should. i know it's not kosher to sympathize with sex criminals but i feel like the guy could have had some court mandated counseling and probation or something rather than ruining that family. I don't know if that is justice.
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Apr 9, 2016 03:38
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Keep Autism Wired posted:i know a family who has endured hardship because the father was arrested for allegedly viewing child pornography, and this is weird but i actually feel bad for the guy because he seemed to be a good father and fought in afghanistan and struggled with that and he is everything to his children and it's he's the sole breadwinner which had ruined their economic situation and forced the entire family to do more than anyone should. i know it's not kosher to sympathize with sex criminals but i feel like the guy could have had some court mandated counseling and probation or something rather than ruining that family. I don't know if that is justice. he probably raped children in Afghanistan
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Apr 9, 2016 04:55
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PT6A posted:Yeah, great... now find a way to prove in a court of law that the image was legal to possess when it was received, possibly with an uncooperative sender. The more a teenager knows about encryption, the less likely he'll need to use it to protect their sexual communiques with their peers. I mean come on, we can barely get them to understand STDs or use condoms. Maybe the bill should just specify that all onus of proving it was received when it was against the law is on the prosecutor, which now that I think of it, is how courts are supposed to work anyway. Stinky_Pete fucked around with this message at 18:00 on Apr 13, 2016 |
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Apr 13, 2016 17:58
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Stinky_Pete posted:The more a teenager knows about encryption, the less likely he'll need to use it to protect their sexual communiques with their peers. I mean come on, we can barely get them to understand STDs or use condoms. Maybe the bill should just specify that all onus of proving it was received when it was against the law is on the prosecutor, which now that I think of it, is how courts are supposed to work anyway. You could easily add this sort of feature to SnapChat or something similar, I'm not saying each person has to figure it out on their own. Plenty of stuff is already automatically encrypted or signed without user intervention. Frankly, I can see it being an attractive feature for an app for adults too, since I'm sure most people would like to minimize the chances of other random people seeing their nude photos. Your point about the burden of proof is good, though; I'm just concerned that, where child pornography is involved, being within a certain age range would be an affirmative defence -- that is to say, you still did the thing prohibited by the law, but you were legally justified in doing so. Thus, the defendant would have to prove those facts, instead of the other way around, as is necessary for self-defence (for an example). It probably would be good if it were harder to prosecute these sorts of cases if there's any kind of grey area, but I don't see that happening with the constant "think of the children" mentality.
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Apr 13, 2016 18:32
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PT6A posted:You could easily add this sort of feature to SnapChat or something similar, I'm not saying each person has to figure it out on their own. Plenty of stuff is already automatically encrypted or signed without user intervention. Frankly, I can see it being an attractive feature for an app for adults too, since I'm sure most people would like to minimize the chances of other random people seeing their nude photos. If the prosecution is claiming the defendant did something that's only illegal at a certain time or location, isn't it on the prosecution to prove they did indeed do it at that time? Like, if there were a curfew, how is it that I have to prove that it was before curfew when I went outside?
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Apr 13, 2016 23:36
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I know a family who's father was recently arrested for child pornography and this has caused a lot of cognitive dissonance for me, I posted about it in E/N but it seemed it wasn't the proper place for having a debate or discussion about it I think the OP raised really good points and I would like to discuss them but I don't want to get probated for a year for triggering the wrong trip wire I need to know what's okay to talk about, even for the sake of argument, for the purpose of debating and discussing this issue, because this can of worms isn't gonna close Idk if this is a safe place for debate and or discussion, I would appreciate a mod laying out the guidelines to address the numbered questions in the OP and more.
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Apr 14, 2016 03:02
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Keep Autism Wired posted:I know a family who's father was recently arrested for child pornography and this has caused a lot of cognitive dissonance for me, I posted about it in E/N but it seemed it wasn't the proper place for having a debate or discussion about it It would be better for society if the causes of crimes were addressed, rather than justice being focused on punishment.
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Apr 14, 2016 03:23
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Stinky_Pete posted:If the prosecution is claiming the defendant did something that's only illegal at a certain time or location, isn't it on the prosecution to prove they did indeed do it at that time? Like, if there were a curfew, how is it that I have to prove that it was before curfew when I went outside? Are you unclear on what "affirmative defense" means it are you arguing the way it should work in a world where certain crimes aren't arbitrarily deemed so bad that setting up innocent people for bullshit convictions is worth risking? (In case it's unclear, I agree it's kinda questionable but some people don't know the significance of those key terms) Blue Footed Booby fucked around with this message at 19:10 on Apr 14, 2016 |
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Apr 14, 2016 12:21
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Keep Autism Wired posted:I know a family who's father was recently arrested for child pornography and this has caused a lot of cognitive dissonance for me, I posted about it in E/N but it seemed it wasn't the proper place for having a debate or discussion about it I'd think the main rule would be "child porn is bad and inexcusable." As long as we don't violate that tenement, we're probably good with whatever. idk tho. mods???
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Apr 14, 2016 16:52
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I don't see that discussion ever going well on SA, regardless of the board or thread it's in. It never goes well.
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Apr 15, 2016 00:34
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is there a problem? 
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Apr 15, 2016 03:08
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