4 ms·

I really hate to be writing this but it seems like the only solution... Doesn't this whole situation and the threat thereof go away for 99.9% of the population

I really hate to be writing this but it seems like the only solution... Doesn't this whole situation and the threat thereof go away for 99.9% of the population if we decriminalize possession / "viewing" of child pornography? [Note: you could still be severely prosecuted for making it] There doesn't appear to be anything else in the digital realm that can get you in such legal trouble. The only other thing I could think of is national defense espionage, or rogue WMD plans. And on these counts, 99.9% of people are going to be very difficult to put a plausible frame job for these crimes. Sure the 0.1% with security clearance could be framed here, but as far as I understand, that's a personal decision and risk each person go to make for themselves. If you deny the prosecution the ability to use reasonable suspicion of CP to search, or compel a decryption of your digital files, it's going to be a long time before another case like this.

sean2 10y ago
No, plenty of other stuff is illegal; just off the top of my head: Possession of copy-righted material Possession of hacking tools Evidence of hacking Data from corporate espionage Accounting fraud Fraud (e.g. fake credit info) Evidence of other crimes (e.g. account books of drug deals) Plans to commit other crimes The list goes on. It just so happens the FBI is obsessed with CP, but if you decriminalize that, we'll have the same problems with other crimes.
- stillsut 10y ago
  This is a helpful brainstorm. But let me explain why I think these are far less worrisome. Take corporate espionage: sure proprietary files from my employer could end up on hard-drive. But that would mean the FBI is willing to in addition to frame me, pay someone to go in and steal from my company. That's the type of thing that get's someone's boss's boss canned. Do you see how high the conspiracy is going here? And do you know how messy this type of action gets when you need all these different nefarious actors executing FrontPageHeadline news if caught. As far as the Drugs.xls, or the MobsterAccountPayable.xls, there already exists much legal room to disqualify a one-off document, without some kind of physical evidence - e.g. a guy wearing a wire says "Hears the money to pay Tony the Muscle" and you say "cool" or the guy who runs a storage facility says thats the guy who came in two months ago and rented that locker where the drugs were found. That's why the police are so obsessed with getting these type non-digital evidence: because a conviction on pure digital grounds is almost impossible with a halfway decent lawyer. The thing about CP it doesn't have to be congruent with any other aspect of your life or be verified by anything physical or any witness. Even the motive/rationale is he had disturbing sexual impulses deep in his heart and its common sense that he wouldn't revel these to anyone so let's just assume he does.

sean2 10y ago

No, plenty of other stuff is illegal; just off the top of my head: Possession of copy-righted material Possession of hacking tools Evidence of hacking Data from corporate espionage Accounting fraud Fraud (e.g. fake credit info) Evidence of other crimes (e.g. account books of drug deals) Plans to commit other crimes The list goes on. It just so happens the FBI is obsessed with CP, but if you decriminalize that, we'll have the same problems with other crimes.

stillsut 10y ago
This is a helpful brainstorm. But let me explain why I think these are far less worrisome. Take corporate espionage: sure proprietary files from my employer could end up on hard-drive. But that would mean the FBI is willing to in addition to frame me, pay someone to go in and steal from my company. That's the type of thing that get's someone's boss's boss canned. Do you see how high the conspiracy is going here? And do you know how messy this type of action gets when you need all these different nefarious actors executing FrontPageHeadline news if caught. As far as the Drugs.xls, or the MobsterAccountPayable.xls, there already exists much legal room to disqualify a one-off document, without some kind of physical evidence - e.g. a guy wearing a wire says "Hears the money to pay Tony the Muscle" and you say "cool" or the guy who runs a storage facility says thats the guy who came in two months ago and rented that locker where the drugs were found. That's why the police are so obsessed with getting these type non-digital evidence: because a conviction on pure digital grounds is almost impossible with a halfway decent lawyer. The thing about CP it doesn't have to be congruent with any other aspect of your life or be verified by anything physical or any witness. Even the motive/rationale is he had disturbing sexual impulses deep in his heart and its common sense that he wouldn't revel these to anyone so let's just assume he does.