[107986] in Cypherpunks
Re: children, porn, automata
daemon@ATHENA.MIT.EDU (Eric Cordian)
Sun Jan 31 00:30:36 1999
From: Eric Cordian <emc@wire.insync.net>
To: cypherpunks@cyberpass.net
Date: Sat, 30 Jan 1999 23:20:09 -0600 (CST)
In-Reply-To: <Pine.LNX.3.96.990130233515.21592C-100000@albert> from "mgraffam@idsi.net" at Jan 30, 99 11:42:26 pm
Reply-To: Eric Cordian <emc@wire.insync.net>
mgraffam@idsi.net writes:
> Anonymous wrote:
>> o-O
>> This represents the infant Liberty getting buttfucked by Janet Reno
>> with a strap-on.
>> Do not export to Maine.
> A suggestion...
> Next time you want to wave the flag for liberty, do so responsibly..
> you do more harm than good by posting this.. it makes you sound like a
> damn psycho.
> I agree that this case is yet another chip out of our liberty, but to
> be honest, it is not easy for many people to see this, and I can't
> particularly blame them.
> Having an image of some something should not be illegal. It should be
> (and is) illegal to _make_ child porn, but not illegal to own it.
> Making it victimizes a kid, viewing it doesn't. The prior restraint
> bullshit about keeping people from child porn in order to "keep them
> in check" somehow
If you think this federal ruling is surprising, you should see some
state child porn laws which include the magic phrases "looks like" and
"appears to be" and which are used to justify the persecution and
prolonged jailing of people whose only crime is to cut pictures out of
catalogs in the privacy of their own home, and rearrange them in ways
which constitute ThoughtCrime(TM).
In a recent case, a homeless man jailed since August in Kansas for
pasting the head of an alleged minor on to the body of a nude adult
woman was released, not because the jackbooted thugs repented, but
because the judge could not positively prove the head belonged to a
person under the age of 18.
"Fear the government that fears your sissors and Scotch Tape."
[Following courtesy of Ianthe's weekly clippings of news stories
related to the worldwide child sex panic.]
Olathe man's pictures not illegal, judge rules
01/22/99
The crude, cut-and-paste art of a homeless Olathe
laborer did not violate a Kansas law designed to outlaw
computer child pornography, a Johnson County judge
ruled Friday.
In a case that raised potential constitutional issues, the
decision boiled down to one picture that showed the head of
what prosecutors alleged was a child pasted onto a picture
of an adult woman's nude body.
District Judge John Anderson III ruled that he could not
find beyond a reasonable doubt that the face depicted a
child under 18.
Though Randy S , 43, possessed hundreds of pictures of
women and girls the judge found that only the one picture
possibly violated the law.
Anderson found S not guilty of sexual exploitation of a
child and ordered him released from jail, where he had been
held since August.
Anderson said he would not release to S his book
filled with hundreds of pictures of nude women and pictures
of young girls cut out of catalogs and magazines. And he
said he would not allow S to have his diary, in
which he chronicled his dreams involving young girls.
But, he said, the journal and the ideas expressed in it
were not illegal under Kansas law.
Scott Toth, an assistant district attorney, had presented
the journal as evidence of S's state of mind in
possessing the allegedly illegal pictures.
For S to be found guilty, Toth had to show that S
possessed the pictures with the intent to satisfy his
sexual desires.
In arguing to have the case dismissed, defense attorney
Blithe Cravens Leece said Friday that the state was
overreaching in trying to apply the law to S ' case.
"We're not here to judge his ideas, whether you find them
disgusting or not," Leece said.
--
Eric Michael Cordian 0+
O:.T:.O:. Mathematical Munitions Division
"Do What Thou Wilt Shall Be The Whole Of The Law"
