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The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 12:19 am
by _asbestosman
Recently I was with a group of computer nerds when someone asked what to do about a porn-surfing step-son. During the conversation, it came out that there are legal liabilities for allowing someone to do that. Furthermore, it turns out that there is such a thing as porn which is illegal even if does not involve minors. That was surprising to me. If I understand correctly, it is illegal to use the internet to download and watch 2g1c, for example.

This is interesting to me from a political perspective. Why do we tolerate any porn? Only for free speech? Did the founding fathers really have this in mind (and should we care what they thought)? Does this sort of law for decency over data lines imply that we have legal standing to legislate morality in other areas (like, maybe in the bedroom). For example, since it is illegal to have certain kinds of adult porn, wouldn't this ban extend to live web-cam sessions between consenting adults in their bedrooms? Could this moral policing go further into, say, keeping gay marriage illegal where it is? Or am I completely wrong about illegal porn?

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 12:44 am
by _Ray A
asbestosman wrote: If I understand correctly, it is illegal to use the internet to download and watch 2g1c, for example.


The laws vary in every country. It's not illegal to download 2g1c in Oz. Child porn is illegal, which means any depictions of sex, or even nudity in minors, is punishable by heavy fines and/or jail, usually the latter. Not a few cases have been uncovered by offenders taking their computers to be repaired by technicians who reported child porn on the hard drive to police. That isn't by any means the worst punishment. The worst punishment is when the media publish names of child porn offenders. They usually require special protection in prison, and sometimes from the community.

asbestosman wrote:Does this sort of law for decency over data lines imply that we have legal standing to legislate morality in other areas (like, maybe in the bedroom). For example, since it is illegal to have certain kinds of adult porn, wouldn't this ban extend to live web-cam sessions between consenting adults in their bedrooms? Could this moral policing go further into, say, keeping gay marriage illegal where it is?


Consenting adults doing what? Something illegal?

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 12:58 am
by _Angus McAwesome
asbestosman wrote:Recently I was with a group of computer nerds when someone asked what to do about a porn-surfing step-son.


So let me see if I'm reading this right... You're "computer nerd" friend asked what to do about keeping a minor in his home from veiwing certain content and he's never heard of programs like NetNanny or CyberSitter?


asbestosman wrote:During the conversation, it came out that there are legal liabilities for allowing someone to do that.


Usually it's called "contributing to the deliquency of a minor". Ok, I'll just go ahead and say that your "computer nerd" friends have to be the most clueless computer users I've heard of if they weren't already aware of this haven't taken measures to prevent it.


asbestosman wrote: Furthermore, it turns out that there is such a thing as porn which is illegal even if does not involve minors. That was surprising to me. If I understand correctly, it is illegal to use the internet to download and watch 2g1c, for example.


Usually such things are governed by state and local statute and prohibit things like bestiality or what not. Also, some local or state laws might have certain acts listed under some sort of obscenity clause. However, last time I checked, while disgusting, 2g1c isn't illegal in any jurisdiction I'm aware of. Could you cite some relevant laws to back that claim?


asbestosman wrote:This is interesting to me from a political perspective. Why do we tolerate any porn? Only for free speech?


The reason why pornography is tolerated is precisely because of the First Amendment free speech clause.


asbestosman wrote: Did the founding fathers really have this in mind (and should we care what they thought)?


They didn't have a lot of things in mind when they first wrote the Constitution and the Bill of Rights. Trying to use the "The Founding Fathers never Intended For X" argument can be shot down by mentioning that the Founding Fathers never intended for black people to have the same rights as white (or for women to be able to vote, or for their to be any controls on firearms that citizens my purchase and keep, etc...). However, as times change, so to does morality, so the definition of what is an isn't "obscene" changes as well. Hell, definitions of obscene change from city to city, never mind trying to broadly apply a definition nationally or even globally.

Point is, there will always be people out there who want to try and make others fit into their definition of morality, and trying to regulate free speech via obscenity laws is just another way for them to try and accomplish that goal.


asbestosman wrote: Does this sort of law for decency over data lines imply that we have legal standing to legislate morality in other areas (like, maybe in the bedroom). For example, since it is illegal to have certain kinds of adult porn, wouldn't this ban extend to live web-cam sessions between consenting adults in their bedrooms? Could this moral policing go further into, say, keeping gay marriage illegal where it is? Or am I completely wrong about illegal porn?


Behold the slippy slope that is censorship. Free speech is one of the few cases where the slippery slope isn't an actual fallacy.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 2:04 am
by _John Larsen
One of the reasons that it is difficult to make porn illegal is that no one can agree on what it is. How do you make something illegal when it isn't even clear what you are talking about.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 2:18 am
by _asbestosman
Angus McAwesome wrote:So let me see if I'm reading this right... You're "computer nerd" friend asked what to do about keeping a minor in his home from veiwing certain content and he's never heard of programs like NetNanny or CyberSitter?

Of course they have. They're also well-aware of how easy it is for teens to get around (boot off a thumb drive / DVD, install a rootkit and sniff out parental passwords, connect wirelessly to neighbors, etc. etc.).

Usually it's called "contributing to the deliquency of a minor". Ok, I'll just go ahead and say that your "computer nerd" friends have to be the most clueless computer users I've heard of if they weren't already aware of this haven't taken measures to prevent it.

They have. They were resonding to a question a less tech-savy step-dad who was looking for a easy solution.

Usually such things are governed by state and local statute and prohibit things like bestiality or what not. Also, some local or state laws might have certain acts listed under some sort of obscenity clause. However, last time I checked, while disgusting, 2g1c isn't illegal in any jurisdiction I'm aware of. Could you cite some relevant laws to back that claim?

Well, maybe you're right about 2g1c. I got that idea while reading about the prohibition of bestiality and various obscenity clauses including defecation from some site about keeping kids safe,protectkids:
Obscenity- Obscenity is graphic material that is obsessed with sex and/or sexual violence and is, therefore, prurient, patently offensive, and lacking in serious value. It is often referred to as hard-core pornography and includes close-ups of graphic sex acts and deviant activities, such as penetration, group sex, bestiality, torture, incest, and excretory functions.
. . .
Note: (Production, transmission, and distribution of obscenity are felonies, yet possession of obscenity in one's home is not a crime. However, use of a phone line or online service to transmit obscenity is a federal crime under current law. Therefore, it is a felony to either upload (transmit from your personal computer to the Internet) or download (copy from the Internet onto your personal computer) Internet obscenity.

Also note that the wiki article on 2g1c states that the company that made it got into trouble in the US:
Fiorito contends his films are legal in Brazil, but authorities in the United States have branded some of his films as obscene and filed charges against Danilo Croce, a Brazilian lawyer living in Florida, listed as an officer of a company distributing Fiorito's films in the United States


The reason why pornography is tolerated is precisely because of the First Amendment free speech clause.

But what, pray tell, does porn have to do with free speech? I don't see it as speech so much as freedom of debauchery. It's more like freedom to fornicate than it is the freedom to spread ideas. And even then, we put limits on publishing ideas such as, oh, publishing information on bomb-making.

Point is, there will always be people out there who want to try and make others fit into their definition of morality, and trying to regulate free speech via obscenity laws is just another way for them to try and accomplish that goal.

More than that though, we're talking felony. That's pretty a rough gamble for trying to exercise free speech.

Behold the slippy slope that is censorship. Free speech is one of the few cases where the slippery slope isn't an actual fallacy.

Because the truth is that nobody really likes free speech. All they really want is the freedom to personally speak freely while limiting speech they find either too offensive or somehow dangerous whether it's about prohibitin obscenity of hate speech, or whatever.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 4:32 am
by _Angus McAwesome
asbestosman wrote:Of course they have. They're also well-aware of how easy it is for teens to get around (boot off a thumb drive / DVD, install a rootkit and sniff out parental passwords, connect wirelessly to neighbors, etc. etc.).


I know this will sound completely insane, but I guess this means parents will have to take a more active role in parenting their children. No program or piece of equipment will ever be half as effective as a parent that takes an active role in their child's activities.


They have. They were resonding to a question a less tech-savy step-dad who was looking for a easy solution.


See the above. I know, I'm full of crazy talk today.


Well, maybe you're right about 2g1c. I got that idea while reading about the prohibition of bestiality and various obscenity clauses including defecation from some site about keeping kids safe,protectkids:
Obscenity- Obscenity is graphic material that is obsessed with sex and/or sexual violence and is, therefore, prurient, patently offensive, and lacking in serious value. It is often referred to as hard-core pornography and includes close-ups of graphic sex acts and deviant activities, such as penetration, group sex, bestiality, torture, incest, and excretory functions.
. . .
Note: (Production, transmission, and distribution of obscenity are felonies, yet possession of obscenity in one's home is not a crime. However, use of a phone line or online service to transmit obscenity is a federal crime under current law. Therefore, it is a felony to either upload (transmit from your personal computer to the Internet) or download (copy from the Internet onto your personal computer) Internet obscenity.

Also note that the wiki article on 2g1c states that the company that made it got into trouble in the US:
Fiorito contends his films are legal in Brazil, but authorities in the United States have branded some of his films as obscene and filed charges against Danilo Croce, a Brazilian lawyer living in Florida, listed as an officer of a company distributing Fiorito's films in the United States


And you'll notice that I already covered how this works. Obscenity laws vary from city to city and state to state. The problem with trying to apply obscenity laws to the internet isn't even really about free speech once you get down to the technical aspects of it. I mean, you could make a law saying "I't illegal to download and look at X", but as we keep seeing with child porn, perverts will find their kink no matter what laws are in existence. Barring a People's Republic of China Great Firewall style system, it'd be impossible to enforce an internet based anti-obscenity law. Hell, even with massive ISP side support of such a program it's still insanely difficult to make it work and it can be worked around very easily with the use of proxies servers.

Point is, why bother expending resources on trying to regulate what people can and cannot see when it can't be done. Instead why not take a more proactive role in parenting to protect child (if that's what you're after).


But what, pray tell, does porn have to do with free speech? I don't see it as speech so much as freedom of debauchery. It's more like freedom to fornicate than it is the freedom to spread ideas. And even then, we put limits on publishing ideas such as, oh, publishing information on bomb-making.


What doesn't it have to do with free speech? You're advocating regulating peoples rights to freely choose what they can and cannot see, read, or hear. If what they want to look at, read offends you then don't look at, read, or listen to it. As long as no one is harmed (and by harmed I mean criminally harmed under applicable laws), who cares if you personally think it's wrong. I'm sure if we were to talk, after a while things you support and condone that I don't approve of would pop up, but you don't hear me advocating legislating away your right to do, say, or think as you will with in reason and law.

More than that though, we're talking felony. That's pretty a rough gamble for trying to exercise free speech.


What is a fellony? Looking at two brazilian women eating poo? I mean, it could be considered obscene, but that would depend on who you ask, and that's the huge bone of contention I have with "obscenity laws". They're all based on subjective interpretation without any objectivity. Someone or some group arbitrarily decides that X is "obscene" in one township, yet in the next county over it's perfectly fine (viewed in private of course). The only hard and fast legal exceptions to this are type of pornography where someone is actually victimized, like child porn, snuff, or actual rape. Everything else is open to interpretation, which is where you'll end up having people trying to legislate their personal morality into the lives of others.


Because the truth is that nobody really likes free speech. All they really want is the freedom to personally speak freely while limiting speech they find either too offensive or somehow dangerous whether it's about prohibitin obscenity of hate speech, or whatever.


You hit the naiul on the head there, AM. All attempts to limit free speech that do not involve trying to protect a group or individual from actual harm are basically BS. It's just one group trying to impose their morals on others. So you come back to why free speech must be protected, because if it can be denied to some, for whatever reason, it can be denied to all.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 4:55 am
by _asbestosman
Angus McAwesome wrote:I know this will sound completely insane, but I guess this means parents will have to take a more active role in parenting their children. No program or piece of equipment will ever be half as effective as a parent that takes an active role in their child's activities.

Bingo. That was actually their conclusion and recommendation to the man who posed the question.

What is a fellony? Looking at two brazilian women eating poo? I mean, it could be considered obscene, but that would depend on who you ask, and that's the huge bone of contention I have with "obscenity laws". They're all based on subjective interpretation without any objectivity. Someone or some group arbitrarily decides that X is "obscene" in one township, yet in the next county over it's perfectly fine (viewed in private of course).

Yep, that's the problem I have with it. The variability in standards and enforcement along with the severity of the punishment is crazy to me.

It's just one group trying to impose their morals on others. So you come back to why free speech must be protected, because if it can be denied to some, for whatever reason, it can be denied to all.

I for one would like everyone to just leave me alone, and by everyone I mean not only government and laypeople, but also God and sometimes even my conscience.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 5:16 am
by _moksha
asbestosman wrote:2g1c.



What is this? If it has anything to do with hampsters, I do not want to know.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 5:43 am
by _Ray A
moksha wrote:
asbestosman wrote:2g1c.



What is this? If it has anything to do with hampsters, I do not want to know.


Don't even bother, Mok, keep your innocence.

Re: The Legality of Evil (like porn)

Posted: Fri Sep 05, 2008 5:47 am
by _Angus McAwesome
2 Girls 1 Cup, Moksha. The second, maybe third most disgusting video on the internet right now. Basic plot is two girls have a cup, one poos in the cup, and from there I'll let your imagination run with it... Beware, if you seek out 2g1c, remember:

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