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Given how many kids (teens) produce this stuff for each other and have been prosecuted as criminals for it, I think our approach to enforcement is completely do
by jstarfish 3y ago
Given how many kids (teens) produce this stuff for each other and have been prosecuted as criminals for it, I think our approach to enforcement is completely dogmatic and ineffective. While SWATting is still a thing, there is no way in hell this won't become weaponized.
If the goal is to stop actual human trafficking, then target movement. Possession shouldn't be illegal (stops your pissing-cupid garden statue from being declared CSAM tomorrow, and settles making criminals of shutterbug parents at bathtime), but broadcasting, exhibiting or selling anything to do with it (or tutorials for producing it) should be illegal. I'd even suggest uploading it to cloud/external storage should be illegal.
Distribution allowable only between owner and any direct recipient(s), while both parties are under or over 18 (stops the adult-child grooming issue). Solves the underage-revenge-porn issue as well; Bob15m is on the hook for any forwarding or "losing" of the nude selfie he solicited from Alice14f, lest he face CSAM distribution charges. Either of them possessing it wouldn't be illegal, but it would be a liability if lost or stolen, so both are best served deleting it as soon as possible.
They say every advance in tech starts with pornography. This is how you normalize a culture of responsible data stewardship-- by getting people used to the idea of personal risk associated with keeping data longer than you should.
- 127361 3y agoI absolutely agree with you that possession should not be illegal.