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New York legalises watching child porn

Watching child porn online in the state of New York is now effectively legal.

New York Court of Appeals ruled on Tuesday that viewing child pornography online is not a crime.

"The purposeful viewing of child pornography on the internet is now legal in New York," Senior Judge Carmen Beauchamp Ciparick wrote in a majority decision for the court.

Could the same happen here? Thoughts?

http://news.yahoo.com/blogs/sideshow/viewing-child-pornography-not-crime-according-york-court-165025919.html

http://www.scribd.com/doc/92997011/120508-NY-ChildPorn-Ruling

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This is just a technical legal distinction between actively downloading (==illegal) and look at online images (downloaded into temp folder ==legal). It is not any of kind of revocation of statute.
Reply 2
No, and it certainly should not happen here either.

Besides, I'm sure this type of material is still illegal, I'm guessing they have clarified the definition of what consists of 'making'.

The the guy on the street, 'making' would mean taking pictures with an imaging device, and thats what the jury and the people reading the papers imagine about people charged with 'making' indecent images.

To the prosecution, 'making' means accessing, so that in statute, when you access these images, you are 'making' indecent images when a copy of the image is 'made' in your cache or on your hard disk.
(edited 11 years ago)
Reply 3
Maybe it will be legal, compare that to the history of legalising same-sex marriage
what is "purposeful viewing"???????????
Reply 5
Original post by siwelmail
what is "purposeful viewing"???????????


As opposed to 'accidental' presumably.
Reply 6
This ruling makes so sense...

Child porn doesn't just randomly pop up on your computer. Whoever believes that has never used the internet before..

If someone has child porn on their computer, I guarantee you it arrived there purposefully.
Reply 7
The US has also approved a bill to legalise bestiality in their military too just at the end of last year. :lolwut:
Reply 8
I don't want to live in this world!:noonoo:
Reply 9
Nothing special tbh. The court was just interpreting the law, and I can promise that law-makers will very quickly tighten up the wording to include 'viewing' which is what is currently missing.

It was more a clarification than anything new.
You cannot access this stuff unless you are deliberately looking for dodgy things. Think hitmen, guns, drugs, gore porn etc.

I personally think this is a disgusting legalization. However, it may save the average person from being accused of paedophilia if they accidently stumble across this (which is very unlikely, unless you are already looking for disturbing/illegal things).

Otherwise, the making of child porn involves the abuse of innocent children and allowing it to be watched is vile and disgusting and contributes further to the abuse. I suppose these kids are just forgotten pieces of meat who are made the scapegoat of the law so they dont have to put efforts into tackling real criminals like paedophiles and rapists and can carry on fining people on the spot, doing people for possession of weed and handing out penalities for traffic violations and financial crimes.
(edited 11 years ago)
Reply 11
Original post by .eXe
If someone has child porn on their computer, I guarantee you it arrived there purposefully.


It's entirely possible that images of 17 year olds months shy of 18 might crop up on adult porn sites/tube sites and slip through moderation.
Reply 12
Why would someone neg me for a news story? Sorry if you don't like reality, it's not my fault. Talk about shooting the messenger.
This is disgusting. So now paedophiles can view as much as they like as long as they don't download it. What a giant step backwards.
Reply 14
Original post by Florrick
The US has also approved a bill to legalise bestiality in their military too just at the end of last year. :lolwut:


Of course, soldiers need something to do when they've spent months away from their wives in Afghanistan with nothing there but goats.
Original post by Stefan1991
Of course, soldiers need something to do when they've spent months away from their wives in Afghanistan with nothing there but goats.


lmao. wtf no, id rather have a **** than **** a goat or camel.
Original post by badcheesecrispy
You cannot access this stuff unless you are deliberately looking for dodgy things. Think hitmen, guns, drugs, gore porn etc.

I personally think this is a disgusting legalization. However, it may save the average person from being accused of paedophilia if they accidently stumble across this (which is very unlikely, unless you are already looking for disturbing/illegal things).

Otherwise, the making of child porn involves the abuse of innocent children and allowing it to be watched is vile and disgusting and contributes further to the abuse. I suppose these kids are just forgotten pieces of meat who are made the scapegoat of the law so they dont have to put efforts into tackling real criminals like paedophiles and rapists and can carry on fining people on the spot, doing people for possession of weed and handing out penalities for traffic violations and financial crimes.



Sadhbh Walshe, www.guardian.co.uk, Wednesday 18 April 2012, http://www.guardian.co.uk/commentisfree/cifamerica/2012/apr/18/counterproductive-catchall-sex-offenders



Around two years ago, six ICE agents entered the home of a 20-year-old man named Adam while he was sleeping. They put a gun to his head and informed him they had a warrant to search his premises for child pornography.

Adam is a musician and was a frequent user of the peer-to-peer file-sharing website Limewire, which he used to download and share music videos. The search of his computer hard drive yielded 2,331 videos, most of which were music and a small portion of which were adult porn. Two suspect child porn videos featuring girls aged 16-17, and another video apparently featuring a three year-old, had been downloaded and deleted.

Adam claims that the downloads were accidental, and that although he occasionally indulged in adult porn (like many men his age), he has no interest in child pornography (CP), never sought it out and deleted the downloaded items as soon as he realized what they were. The fact that the forensic evidence showed that the items were never viewed and that there was no record of any keyword searches that would indicate he was looking for CP would seem to back up that claim.

But it didn't matter: Adam was charged with possession of child pornography, and was warned by the prosecutor that if he did not plead guilty, the charge would be upgraded to distribution (as a file-sharing site, Limewire is an automatic distribution tool), so he would then be looking at 15-25 years in a federal penitentiary. Seeing no way out, he took a guilty plea, was sentenced to 30 months in prison, 15 years of probation and a lifetime on the sex offender registry.

As a native of the state of Florida, when Adam is eventually released from prison, he will be subjected to among the most severe registration rules in the country. He will be required to register every time he moves. Failure to register or violation of any of the terms of his probation (attending a family function where children are present, for example, or visiting a friend who has a child) will result in an automatic return to prison for an indefinite period. His voting rights may never be restored. His chances of finding meaningful work, or any kind of work, are slim at best. And it will be next to impossible for him to find a decent place to live.
(edited 11 years ago)
Reply 17
Original post by Stefan1991
Of course, soldiers need something to do when they've spent months away from their wives in Afghanistan with nothing there but goats.


They are after the Afghan animals too. :sigh:

52 nations waged war against this 1 country. That is enough to deal with already for the Afghan people.
Reply 18
Original post by Florrick
They are after the Afghan animals too. :sigh:

52 nations waged war against this 1 country. That is enough to deal with already for the Afghan people.


What are you talking about..?
Reply 19
This is good for the casual 4chan browser.

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