4 ms·

I am not sure about the letter of the law, but I think the spirit is clear that the intent matters. And they didn't operate the servers because they wanted to

by runn1ng 10y ago

I am not sure about the letter of the law, but I think the spirit is clear that the intent matters. And they didn't operate the servers because they wanted to give platform to child porn users, but because they wanted to catch the users.

pmlnr 10y ago
I understand this, but if you let them do it in this case, nothing will stop them from doing the same in other cases. The law applies to anyone: if this content is banned, you aren't allowed to use it as bait either.
Arnt 10y ago
That's called entrapment and is generally illegal, no?
- admax88q 10y ago
  No, entrapment is when law enforcement induces you to commit an offense you wouldn't otherwise do. If you use a cp site of your own free will without encouragement from law enforcement, then it's not entrapment just because the site was operated by law enforcement.
  - pbhjpbhj 10y ago
    But if the law enforcement weren't running it then there's at least a chance you would have been thwarted and there would be no actus rea, tempting people to commit crimes that without your positive action could have been impossible seems morally wrong to me. Like leaving open bottles of spirits in alcoholic's rooms if there were prohibition.
- bitJericho 10y ago
  Entrapment is when the police make you do something you wouldn't normally do. For example, if they showed you a popup you didn't want to see and then arrested you for it, that would be entrapment.
- probablybroken 10y ago
  I think for it to be entrapment, you would have to convince the users to use the site against their normal judgement - rather than them using it of their own free will.
- archgoon 10y ago
  As others have said, most likely not, as the FBI was not inducing people to visit the website. http://lawcomic.net/guide/?p=633 http://lawcomic.net/guide/?p=633
FullMtlAlcoholc 10y ago
Sure, but as we saw in the Silk Road investigation, this is something that can be co-opted by a less than scrupulous agent. When you exempt certain agencies from the law, they will inevitably abuse that power. In these conditions it was acceptable. However, setting up a CP server as a honeypot crosses the line and blurs the line between stopping and supporting it.

by runn1ng 10y ago

pmlnr 10y ago

I understand this, but if you let them do it in this case, nothing will stop them from doing the same in other cases. The law applies to anyone: if this content is banned, you aren't allowed to use it as bait either.

Arnt 10y ago

That's called entrapment and is generally illegal, no?

admax88q 10y ago
No, entrapment is when law enforcement induces you to commit an offense you wouldn't otherwise do. If you use a cp site of your own free will without encouragement from law enforcement, then it's not entrapment just because the site was operated by law enforcement.
- pbhjpbhj 10y ago
  But if the law enforcement weren't running it then there's at least a chance you would have been thwarted and there would be no actus rea, tempting people to commit crimes that without your positive action could have been impossible seems morally wrong to me. Like leaving open bottles of spirits in alcoholic's rooms if there were prohibition.
bitJericho 10y ago
Entrapment is when the police make you do something you wouldn't normally do. For example, if they showed you a popup you didn't want to see and then arrested you for it, that would be entrapment.
probablybroken 10y ago
I think for it to be entrapment, you would have to convince the users to use the site against their normal judgement - rather than them using it of their own free will.
archgoon 10y ago
As others have said, most likely not, as the FBI was not inducing people to visit the website. http://lawcomic.net/guide/?p=633 http://lawcomic.net/guide/?p=633

FullMtlAlcoholc 10y ago

Sure, but as we saw in the Silk Road investigation, this is something that can be co-opted by a less than scrupulous agent. When you exempt certain agencies from the law, they will inevitably abuse that power. In these conditions it was acceptable. However, setting up a CP server as a honeypot crosses the line and blurs the line between stopping and supporting it.