Comments on: Whorley revisited

By: Barney Malette

Barney Malette — Sat, 05 Mar 2011 13:55:51 +0000

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By: Sebastian Rentcomp

Sebastian Rentcomp — Tue, 13 Apr 2010 14:49:02 +0000

This is such a sensitive subject, and while I am all for the ultimate freedom of all it does make me uncomfortable when people so openly indulge their porn addictions, especially when the inclination is towards kiddie porn. I have spoken to many victims of abuse, and believe you me they were not having even an fraction of the fun the perpetrator was….

By: Jeff Trexler

Jeff Trexler — Sat, 20 Jun 2009 15:00:09 +0000

Think of the Internet like phones or electronic money transfers. Signing onto email, downloading a comic or ordering a comic online connects you to a system of nodes distributed throughout the U.S. You may be alone when you conduct a particular transaction, but what makes that action possible is a network of commercial interactions that the U.S. Constitution gives Congress the authority to regulate, at least according to Supreme Court interpretations that go back at least to the mid-1930s.

By: gia

gia — Sat, 20 Jun 2009 14:32:22 +0000

I think it’s a shame that Handley gave up the ghost. I understand his decision but he was in a much stronger position than this guy.

From my reading, Whorley’s lawyers essentially want to argue that if Whorley had done one thing differently (downloaded lolicon at home instead of in public), that chunk of what he did would have been his right to do so.

The best they can hope for that, I would think, is a guilty verdict with a written opinion that agrees that if it had been different it would have been legal. And that opinion could potentially be used in later cases dealing with this specific part of the PROTECT act.

That said, as per obscenity: again, I’m not a lawyer. But if I have to go and search something out that I want, and download it to my personal computer from someone else’s personal website, in a way that does not present said image to others in any way…is that material not then private?

I’m still not a lawyer, but IMO, the law– which states that it is illegal to “knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct and is obscene” –is an attempt to essentially make a certain *fantasy* illegal. It’s a thought crime. Because the production, distribution, reception, and/or possession of such materials have not been shown to definitively cause harm to ANYone (unlike that of, say, illegal drugs), there’s no reason why it SHOULD be illegal.

It is illegal because people think it’s wrong to feel that way about child-like characters, and because they think that people who enjoy those materials either already HAVE done terrible things to real children, or will. So when a person gets convicted for having loli hentai manga or anime, IMO they’re not really being convicted for that particular manga or anime, but for some fictional crime they may or may not have committed, or supposedly would later commit.

As such, even though I personally find even virtual kiddy porn disgusting, I will defend the material and its readers high and low, at least until someone comes up with strong, credible evidence that its material definitively causes escalation to real-life child abuse.