Friday, February 26, 2016

New Mexico considers legalizing consensual sexting among minors over 14

The New Mexico legislature has passed a bill making “sexting” or sharing nude photos between age 14 and 17 as long as it is consensual.  KOAT has the story here. The governor has to sign by March 9.
The bill would stiffen penalties for other child porn offenses.

Legislators expressed the view that minors should not have child pornography offenses on their records, although it sounds possible that misdemeanor of school discipline  could be appropriate.

Critics of the bill point out that sexting among minors still violates federal law, even though it is almost always states that enforce them.  The public seems evenly divided on the issue.

Wikipedia attribution link for Chaco Canyon picture, public domain

Tuesday, February 23, 2016

Recalling the CDA blackout 20 years ago; the CDA preceded COPA

Today, Electronic Frontier Foundation commemorates (in a piece by Cindy Cohn) the Web’s First Blackout (long before Aaron Swartz) in opposing the 1996 Communications Decency Act, signed by Bill Clinton.  The “censorship” part was struck down by the Supreme Court in June 1997, and I actually went to the oral arguments on March 19, 1997 (in a late season snow). But another portion of the act provided downstream liability protection to providers through Section 230, which is critical to the Internet as we know it today.

The successor to the CDA, or “son of CDA”, would be COPA, the Child Online Protection Act of 1998, well documented on this specific blog, which was very active during the trail in Philadelphia in the fall of 2006. Knowing history is important.

Tuesday, February 02, 2016

Teen charged as adult with possessing c.p. of himself at 16

In Cumberland County, NC (Fayetteville), a 17 year old is facing being tried as an adult (over 16) for child pornography possession (stemming from sexting), comprising images of himself at age 16.  In North Carolina, you can be charged as an adult at 16, but it is illegal to possess pornographic images of anyone under 18, even if that is the self.  Reason Magazine has a story about the Kalfa-esque Catch 22 by Robby Soave here, on his “Hit and Run” blog.

Fusion has the story by Danielle Wiener-Bronner here. It appears both the female and male are being charged.

Theoretically, in North Carolina at least, an adult could be charged for possessing nude baby pictures or film taken of him by his parents, in a different era when there was no conceivable criminal intent, unless mens rea is invoked. 

Monday, February 01, 2016

Canada and Australia have very strict laws on artificial c.p.

Kristen V. Brown has a disturbing story on Fusion, “Should this man go to prison for buying a child sex doll?” The case occurred in Canada, as a violation of Law 163.1;  the man was arrested after the item was delivered from Japan even though border agents had seen it.  Canada and Australia have very draconian laws on even simulated child pornography.

The article explains how, in the U.S.,  the Supreme Court overruled the 1996 CPPA and how Congress tried to end-around it in 2002 with the Protect Act.

The article also explains that pedophilia is considered a disorder in the DSM, but language calling it a “sexual orientation” was reversed.

There is real debate as to whether simulated c.p. (dolls) acts like “methadone” and prevents real offenses or makes them more likely, as explained in this Atlantic article by Roc Morin, Jan 11. 2016.