I haven’t posted much lately but I’ve been very active. I haven’t forgotten about CPE. On contrary, I’ve had so much on my mind that I just don’t know where to start. Today I mention a website recently added to my blog roll.

First, Framed for Child Porn, setup by friends and family of Nathaniel Ethan Solon. What makes this site interesting is that it exposes just how very little evidence is needed to convict and sentence a man to 6 years in federal prison. If what put “Ned” behind bars constitutes evidence “beyond a reasonable doubt” then virtually every man in the U.S. is just one (false) accusation away from spending years in a federal penitentiary. It seems like the the crimen exceptum was in full force for Ned. The State didn’t need to prove his guilt, he was expected to prove his innocence. And when he couldn’t, away he went. And hardly anyone batted an eyelid.

Much more to follow.

Quis custodiet ipsos custodes? -Juvenal (Literally: “Who will guard the guards themselves?” modern usage: “Who watches the watchmen?”)

Stephen Mason, blogging for Psychology Today, posted a piece he called Kiddie Porn. It’s a great read. It’s theme is very much the theme of the fox in the hen house. But the best and most relevant part of his post I’ll save for almost last. In all the clips below the emphasis was made by me.

Years ago, practically the entire staff of a day school in Southern California was locked up after kids related lurid tales of Satanic rituals conducted in a series of underground bunkers. In the end, the school building was razed and the grounds torn up in a futile search for the lustful lairs .

This reminds me of the Salem Witch Trials. Neurotic adults spurred on a couple of fantasy prone kids and, before you know it, there were bonfires of little old ladies. I think it’s telling that, in every case, the accused were said to have had unnatural sex with the devil. Of course, this opens the door to “natural” sex with the Devil but that’s beside the point.

Nobody spoke out and yet and you just know that at least of few of the locals must have recognized nutty behavior when they saw it. The reason for their silence is clear enough. They were afraid of being condemned. When hysteria breaks out, even if you never fooled around – naturally or unnaturally – with the Devil, it doesn’t matter. You’re going to be accused for the sins that exist mostly in the heads of the accusers.

Then:

A simple truth – if you want the truth – is that run away emotion speaks to an unresolved conflict in the individual. The guy who wants to kill all Queers is not the guy you want standing behind you in the Men’s Room. The same applies to those who would kill all pedophiles {or CP viewers, who may or may not be pedophiles} but love coaching the junior softball team.

Now for the best part:

Years ago, I did some work for a police department in a major US city. Walking past Vice, I noticed a detective watching a kiddy porn video. When I asked about it, he told me he watched for a few hours every day. It stimulated him to go out and catch the “%#@%$# Chicken Hawks.” I abhor crudity to animals so maybe I should spend time watching cock, dog and bull fights? It might stimulate me…you think?

Sounds like a sweet job for a child porn fan. Finally some very sage advice from Dr. Mason:

When a finger points, don’t look at where it’s pointed before you first look at whose doing the pointing.

That’s got ‘Ernie Allen’ written ALL OVER IT.

Recently another case appeared highlighting the vast chasm between what government, law, and their media puppets would like us to believe:

Child pornography is now seen as ‘the visual record of the sexual abuse of a child, either by adults, other children or which involves bestiality’. (Source)

and the reality:

Rebert said in Dull’s case, “What made them offensive was their graphic nature. A little girl with her bare butt showing, kind of looking over her shoulder.

“It’s a difficult distinction to make. What’s a cute butt and what’s pornographic? (Source)

Rebert is the York County, PA, district attorney. I’m not a district attorney, but I know the difference between a cute butt and pornography. Someone who can’t make that distinction has no business overseeing child pornography charges against a 56 year old grandmother.

The best piece I’ve found on this case is at Reason.

What makes this case extra interesting is the treatment given the grandmother when she was arrested for a picture of “a little girl with her bare butt showing, kind of looking over her shoulder”.

Dull maintains she was handcuffed “tightly in a rough, vigorous and aggressive manner” and slammed into a parked car with enough force that her head bounced off the vehicle, resulting in injuries to her back. (Source)

Why is it that the police felt it was OK to treat a 56 year old grandmother this way? Most likely it was the idea of crimen exceptum.

The clear relationship between the elements that make up the police state, including the inevitable ‘legislative creep’ that makes it possible can be seen from the above. A key sub-element in the doctrines and dogmas is the crimen exceptum, the designated crime for which normal law and the processes of justice are suspended – heresy, witchcraft, being a Jew in Nazi Germany, child sex abuse, child porn, and so on. Note how child porn has been used to transform the Internet into a tool of repression and fear and a powerful device for the police and prosecution state. (Source)

I’ve started a new category I call The Reality of Child Porn inspired by three blog posts I found on another WordPress blog. The author of this blog made three detailed posts in 2007 and 2008. There’s no use in my summarizing them here. It’s better for you to read them for yourself. The author does great work and I wish he’d continue. Lord knows there’s dozen of more examples of the government and law enforcement lying, abusing their power, and using child porn as an excuse to curtail civil liberties. Links to the individual posts are below with their full titles.

Gonzales, Mueller, McDade and Eichenwald: Did They Violate 18 USC 2252A?

Alleged Child Porn Victims Identified—As Adults. Prosecutor Ignores Evidence, Insists They Are Pre-Teens, And Proceeds With Prosecution.

Defendant Charged With Thought Crime After Alleged Child Porn Revealed To Be Adult Porn

I tip my hat to the author of these posts.

Pulitzer Prize winning columnist Leonard Pitts Jr. suggests in a recent column that “maybe we should legalize drugs.” I suggest maybe we should legalize child pornography.

Then there’s the collateral damage. ”When somebody gets arrested,” says Cole, ”it’s not only that person whose life is crippled. It drags down their whole family.” This, because the conviction makes it nearly impossible to get a job, go to college, even rent an apartment.

With child porn, the collateral damage also affects whole families. Increasingly, the child porn witch hunt is ensnaring the very people the anti-child porn laws are supposedly meant to protect.

If the girls are charged and convicted of child pornography violations, the plaintiffs contend, they would have a felony record and could be subjected to state Megan’s Law provisions, which would require them to register as convicted sex offenders.

What warrants such punishment? The rape of a child? No. The sexual abuse of an infant? No. How about:

The first image shows two teenage girls lying side by side in their bras. One of them is talking on a phone, while the other makes a peace sign.

In another picture, a third girl is seen just as she emerged from a shower, wrapped by a towel but with her breasts exposed.

There’s more on this case at a Wall Street journal blog post. That is what the child porn witch hunt has come to. I’m sure some hard core child porn does exist, but over-zealous police and prosecutors and lawmakers are no longer content to go after those responsible for the real abuse of children. Now children themselves are the targets.

Pitts writes more:

And for what? This ”War” has been an exercise in futility. In 1970, says Cole, about 2 percent of the population over the age of 12 had at some point or another used an illegal drug. As of 2003, he says, that number stood at 46, an increase of 2,300 percent — yet we’ve spent over a trillion dollars and imprisoned more people per capita than any country in the world in order to reduce drug use?

The laughable “war” on child porn follows the same trajectory. More police, more resources, more prosecutions, more time in prison, more sacrifices of our civil liberties, and what do we get for our efforts? A problem that is “exploding”.

How many hundreds of billions of dollars will we spend, how many hundreds of thousands of men will we imprison for decades before we realize the uncanny similarities between the “war” on drugs and the “war” on child porn? How long before we realize that when there is a demand, and when there are people (suppliers) able and willing to meet that demand, the demand will be met?

I’m Back

March 10, 2009

After a long hiatus from posting I’ll be making more frequent posts. I’m returning by quoting a paragraph from an online book by John Robin Sharpe, who is the subject of a child porn case that reached the Canadian Supreme Court. The bold text is my doing, not Sharpe’s.

The metaphor of “sending messages” is a favourite of those who advocate harsh penalties including judges. Somehow it is assumed that the intent of the message sent is identical with the meaning of the one received. But what message do harsher penalties send to those who engage or are tempted to engage in prohibited activities? It is true that some, the more timid and less aggressive potential offenders may be dissuaded. Harsher penalties are an escalation of social conflict and lead to violence, murders and more resources and “glamour” for the police. The adjustments to more restrictive laws and harsher penalties favour organized crime, corruption of our police and justice industry, and the use of weapons. We have seen this happen in the case of drugs where the police, courts and corrections, as well as the legal profession are as dependent on our drug laws as any junkie is on heroin. With high taxes we know we can create a similar situation with respect to cigarettes and smuggling. A few centuries ago during a crime hysteria much like the present one hanging was introduced by the “Reform Party” minded of the day for crimes such as theft and robbery. While some would be robbers may have been discouraged others took the logical step of eliminating witnesses to their crime. As a result murders increased. Because of a “tough on crime” attitude it was centuries, and thousands of unnecessary murders and executions later before the penalties were “softened”. Eventually juries and judges often refused to convict despite overwhelming evidence of guilt. The popular theory promoted by politicians, the media and advocate/activist groups is that harsher penalties, with a dollop of “education” will solve problems of crime. It is seen as a sign of moral weakness to acknowledge that the severity of penalties feed back into the type and nature of crimes committed.

The United States seems in the midst of a artificially constructed child porn panic designed to strip its citizens of liberties and funnel money to its law enforcement agencies. All this comes at the expense of its taxpayers, of men who look at legal adult porn featuring youthful looking women, and even of teenagers who make risque pictures with their cell phone cameras. Will child porn become the next vice on which the police, the courts, the prison system, and the legal profession become dependent?

The decades of the war on drugs, which physically exist and must be physically transported from producers to consumers, has been a disaster. Almost all child porn trade would seem to now take place in the virtual world, were it traverses the globe in seconds. We can’t keep drugs, a physical item, out of our prisons, yet people think we can keep JPEGs and MPEGs off the computers of people who want them?

The more I read about the anti-child porn efforts, the more I see similarities between the war on drugs and the war on child porn. We’re throwing more and more money at the child porn problem, characterizing teenagers and comic book collectors as child pornographers, and opening the door to government surveillance of the Internet. And what do we get for all the money, damaged lives, and curtailed liberties? We get a problem that isn’t getting any better, but is getting worse, possibly as a result of our misguided efforts to fight child porn in the first place.

Even someone who recognizes how the scope of materials considered child pornography continues to grow may find such materials repugnant. But repugnant as it may be, do we really want to have control over the production and distribution of such materials left to a criminal underworld, or would we be better off with a legal but tightly regulated marketplace for child porn and child erotica (they’re not the same thing)?