Every day of my life I live in constant fear that someone will see my
pictures and recognize me and that I will be humiliated all over again
Ferber upheld a prohibition on the distribution and sale
of child pornography, as well as its production, because
these acts were ìintrinsically relatedî to the sexual abuse
of children in two ways. Id., at 759. First, as a permanent
record of a childs abuse, the continued circulation itself
would harm the child who had participated. Like a defamatory statement, each new publication of the speech
would cause new injury to the childs reputation and emotional well-being.
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image
This is the Assertion, which is lacking in logic as where else are you going to hear the claim that a record of a crime against a person is a defamatory statement against that person?? Really?
The Ferber Court also observed that the “materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation.” ...
‘[P]ornography poses an even greater threat to the child victim than does
sexual abuse or prostitution. Because the child’s actions are reduced to a
recording, the pornography may haunt him in future years, long after the
original misdeed took place. A child who has posed for a camera must go
through life knowing that the recording is circulating within the mass
distribution system for child pornography.’ . . . ‘It is the fear of exposure
and the tension of keeping the act secret that seem to have the most
profound emotional repercussions.
Twenty-three years later, the Supreme Court again acknowledged the harm to
victims depicted in child pornography and observed that a new harm is caused each time the images are shared with someone different. Ashcroft v. Free Speech Coalition, 535 U.S. 234, 249 (2005) (noting that “as a permanent record of a child’s abuse, the continued circulation itself would harm the child who had participated. Like a defamatory statement, each new publication of the speech would cause new injury to the child’s reputation and emotional well-being.” ...http://centrallaw.com/PornGovtMotionRestitutionChart.pdf
we do not think negatively of the child who is sexually abused...this argument is nonsense.
As to the childs well being, that would depend upon the child....if they were somehow made aware that people were looking at the picture....
Record number of child porn cases uncovered in Japan in 2011
February 17, 2012
TOKYO (Kyodo) -- Japan's police uncovered a record 1,455 cases of production and sale of pornographic material involving minors aged under 18 in 2011, the National Police Agency said in a preliminary report released Thursday.
The number of minors victimized in such cases came to 638, also hitting an all-time high, the report said.
The numbers of child porn cases uncovered and victims increased 8.4 percent and 3.9 percent, respectively, from the previous record highs of 1,342 and 618, both in 2010.
Of the 638 victims, elementary school students accounted for 85 and preschool children 20. A 3-year-old girl was the youngest among the victims.
The police could not identify the victims in 648 images, of which 570 or nearly 90 percent may be preschool children, the report said.
The number of child porn cases that used file-sharing programs for delivery increased 136 percent from 2010 to 368.
Last year, major Japanese Internet service providers began blocking access to websites that offer child pornography, leading to the sharp increase in the number of cases involving use of file-sharing programs, the police agency said.
http://mdn.mainichi.jp/mdnnews/news/20120217p2g00m0dm088000c.html
It’s child porn
Globe and Mail
Friday, Feb. 17, 2012
Twenty-two Ontario children were rescued from child pornography this month, and we should stand with them. The police bust was possible only because warrants were built from Internet protocol addresses selected from 60 of 9,000 computers in Southern Ontario that had received and sent child porn in the previous 60 days.
Obtaining warrants on all addresses simply wasn’t practical. “It’s still like putting a cup under Niagara Falls, that’s all we’re catching,” said Inspector Scott Naylor, manager of the Ontario Provincial Police’s child sexual exploitation section. More than 200 charges were laid against 60 people.
Fifteen of the 22 child victims are receiving care through Boost Child Abuse Prevention & Intervention, where executive director Karyn Kennedy wants us to drop the “child pornography” phrase. “It’s child sexual abuse that’s happening on the Internet, in real time, and people are sitting and watching this happen,” she said.
http://www.theglobeandmail.com/news/opinions/opinion/its-child-porn-we-need-bill-c-30/article2341294/?utm_medium=Feeds%3A%20RSS%2FAtom&utm_source=Home&utm_content=2341294[/quote
As I had said over and over the UK model is far far more sane then the US model in dealing with the matter.
Second pictures/videos willingly taken of teenagers old enough to consent to sexual intercourse to be consider the same order of misdeed as such materials as infants being rape is also insane in any rational world.
As I had said over and over the UK model is far far more sane then the US model in dealing with the matter
Whitehall Man Gets 30 Years For Child Porn
By: Jason Mays | NBC4i.com
February 17, 2012
COLUMBUS, Ohio -- A Whitehall man is sentenced to 360 months in prison after being convicted receiving and possession of child pornography.
William H. Conner, 49, of Whitehall was sentenced Friday in U.S. District Court on four counts of receipt and one count of possession of child pornography.
Conner was sentenced to 360 months or 30 years in prison.
An undercover investigator patrolling the Internet in the fall of 2010 established a connection through a peer-to-peer file-sharing program with a computer later determined to belong to Conner on two occasions and determined that the user was sharing approximately 600 files with names indicating child pornography.
Investigators traced the Internet address to Conner's residence, obtained a search warrant and found computers and storage media containing hundreds of images of nude infant and toddler-age females being sexually abused by male adults.
An additional search found that Conner was in possession of a VHS tape he created in 1998 that depicted him engaged in sex acts with a then 6-year-old female.
Conner was arrested on Nov. 15, 2010. He was indicted on Dec. 16, 2010. A jury convicted Conner in August of 2011 after a three-day trial.
After serving his prison sentence, Conner will be on a 10-year period of court supervision.
While under supervision, Conner will have to register as a sex offender as well as permit the installation of appropriate monitoring software upon any computer that he owns, uses, or has access to that is connected to the internet.
http://www2.nbc4i.com/news/2012/feb/17/2/whitehall-man-gets-30-years-child-porn-ar-936453/
You completely misunderstood, and distorted, what the courts have said. They did not say that "a record of a crime against a person is a defamatory statement against that person"--not at all.
I said before, I have no interest in trying to debate this issue with you. Children are harmed in the production, distribution, and possession of child pornography.
because you are counting on emotional bullying to work in getting your way....if you were ever forced to win your case with evidence and logic you'd be rather fucked.
I don't need to win any case. The case regarding the harmful effects of child pornography on the child victims sexually abused to create the images, as well as the continuing harm done to those victims by those who collect and possess their images, has already been made which is why it has been incorporated into law for quite some time
Charge: Pediatric intensive care nurse caught with child porn
LEVI PULKKINE
Seattle Post-Intelligencer
February 17, 2012
Federal authorities have arrested a pediatric nurse allegedly caught sharing child pornography online.
Investigators contend Bryan W. Corbitt – a Washougal man who until earlier this month was working at a Portland children’s hospital – had collected photos 2,500 photos of children being sexually abused while bragging to an undercover agent about creating his own child pornography and sexually assaulting a child.
Corbitt, 43, was arrested Thursday night after federal prosecutors filed child pornography charges against him. According to court documents, those charges stemmed from a months-long investigation which was launched after a federal agent posing as a child porn consumer found Corbitt sharing pictures and videos of children being sexually abused.
In November 2011, a federal agent working on-line in an undercover capacity identified a suspect with the screen name “Kidluver” sharing files of child pornography through peer-to-peer software, a U.S. Attorney’s Office spokesperson said in a statement. Agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations tracked the pornography to Corbitt’s Southwest Washington home, which they searched on Feb. 1.
According to the U.S. Attorney’s Office, Corbitt was working as a pediatric intensive care nurse at Oregon Health & Science University Doernbecher Children’s Hospital in Portland. Corbitt was placed on unpaid administrative the day of the search and resigned Feb. 10, 2012.
“This defendant betrayed the mission of the medical profession. Law enforcement is working closely with the hospital to identify the full scope of the criminal conduct in this case, and to identify any victims,” U.S. Attorney Jenny A. Durkan said in a statement.
Writing the court, a Homeland Security Investigations special agent based in Portland noted that about 2,560 images that appeared to be child pornography were seen on Corbitt’s home computer.
Among them, the agent continued, were images purporting to show the rape of a 7-year-old girl and another titled “baby_girl&dad” showing the attempted rape of an infant. The agent went on to describe a lengthy online exchange with “Kidluver” – now identified as Corbitt – during which he apparently suggested he’d taken photos of children.
“I’ve been in trouble before … so I don’t share originals until I get to know you or if you have your own original stuff,” the agent wrote to Corbitt, according to a search warrant affidavit.
“I got a few in my collection,” Corbitt allegedly replied.
Corbitt went on to describe his child porn collecting as a “hobby,” and admitted to sexually assaulting a child, the agent continued.
According to OHSU records, Corbitt began working at the OHSU Doernbecher Pediatric Intensive Care Unit in July 2002. The hospital is contacting patients who may have come into contact with him, and asking them to contact OHSU Patient Relations at 1-855-650-3900 if they have any concerns. Parents who have concerns about any contact their children may have had with Corbitt may also contact investigators by calling ICE’s toll-free tip line at 1-866-347-2423.
Corbitt has been charged with receipt and distribution of child pornography, which carries a minimum sentence of five years in prison. He is expected to appear later Friday at U.S. District County in Tacoma.
http://www.seattlepi.com/local/article/Charge-Pediatric-intensive-care-nurse-caught-3339594.php#ixzz1miFFPbwc
Former Terryville teacher takes plea deal in child porn case in Litchfield court
February 17, 2012
LITCHFIELD — A former middle school teacher in Terryville accepted a plea deal on child pornography charges.
Damon Papp pled guilty on Friday to charges of possession of child pornography and promoting a minor in an obscene performance. The lesser charges replace Papp’s original charge, that of first-degree possession of child pornography. Papp will be sentenced in Litchfield Superior Court on May 25.
Papp, a Winsted resident, was initially suspected after a Watertown police officer found an Internet Protocol (IP) address sharing 52 files with names and descriptions consistent with child pornography. Using this IP address, police were able to secure and execute a search warrant for Papp’s residence.
First-degree child pornography possession, as defined in the Connecticut General Statutes, consists of knowingly possessing at least 50 depictions of child pornography or at least one depiction of child pornography which depicts violence or threatened violence. The crime is a class B felony which carries a five-year mandatory minimum sentence. Promoting a minor in an obscene performance is also a Class B felony, albeit one that does not carry a mandatory minimum sentence.
Police recovered several cell phones, which contained 26 pornographic files, at Papp’s residence. In addition, the warrant states that police seized “numerous video recordings and recording devices, sex toys, colored ropes and miscellaneous male and female underwear, including a small pair of boxer shorts located in his night stand drawer.” According to the warrant, a laptop was also seized from Papp’s rental car, containing 53 images and 120 videos of child pornography.
Papp was employed as a seventh-grade math teacher at Eli Terry Junior Middle School in Terryville before the arrest, and had also served as the Esteemed Leading Knight and former Exalted Ruler of the Winsted Elks Lodge. Papp also worked as the program supervisor for Torrington’s Summer Playground and Adventure Program from June to August 2010.
http://www.registercitizen.com/articles/2012/02/17/news/doc4f3f252aed258522985714.txt
Asheville area man sentenced in child porn case
Feb. 17, 2012
Written by
Clarke Morrison
ASHEVILLE — An Arden man who used public computers at hotels to cover his tracks while viewing child pornography has been sentenced to more than three years in federal prison.
Tollie Jack Roberts IV, 52, of Clayton Road, pleaded guilty in U.S. District Court to one count of possession of child pornography, according to the Department of Justice.
Roberts was arrested in December 2009 after a guest at the Crowne Plaza Resort saw him looking at images of naked children. The guest told hotel management, which notified police.
Responding officers found the suspect in the guest computer room using a personal email account to access child porn. Police said he admitted using public computers so authorities couldn’t trace the illegal activity to his home computer.
Roberts also stated that he posed as a child in online chat rooms and exchanged child pornography images with other users.
“This case serves as a stark reminder that technological advancements have made finding and accessing online child pornography faster, easier and from any place there is an Internet connection,” U.S. Attorney Anne Tompkins said. “As the appetite for online child pornography grows, so will the commitment of this office in prosecuting child exploitation facilitated by technology.”
Interim Asheville Police Chief Wade Wood said the quick response by officers was instrumental in the arrest and conviction of Roberts. The investigation was handled by the department’s computer crimes unit.
“Child predators have a large presence in most communities, and their activities have been greatly facilitated by the ease of finding child pornography material on the Internet,” Wood said. “These predators perpetuate the victimization of these child victims every time they share or download a picture or video of child pornography.”
Judge Martin Reidinger sentenced Roberts this week to 38 months in prison. He also ordered Roberts to register as a sex offender and serve the rest of his life under court supervision after he is released from prison. He has been in federal custody since pleading guilty in May.
http://www.citizen-times.com/article/20120218/NEWS/302180014/Man-gets-3-years-child-porn-plea?odyssey=mod%7Cnewswell%7Ctext%7CFrontpage%7Cs
And I already called your attention to the fact the U.S. Sentencing Commission held public hearings this week to hear opinions on the issue of sentences in child pornography cases
An additional search found that Conner was in possession of a VHS tape he created in 1998 that depicted him engaged in sex acts with a then 6-year-old female.
Police uncover five million child porn images in Lincolnshire
Friday 17 February 2012
THE number of indecent images of children found by police in Lincolnshire trebled last year.
Police formed a specialist paedophile online investigation team in the county last year to tackle the growing number of images appearing on the internet.
This week alone the team have made two arrests in Lincolnshire and found more than 5,500 videos of children being abused.
Det Sgt Paul Hutchins, who is in charge of the team said: “In 2010 we found one-and-a-half million indecent images of children in Lincolnshire.
“In 2011 we found more than five million.
“We are currently working on 20 worldwide investigations that stretch as far away as Australia. The internet has no bounds.
“The number of arrests made last year doubled. We are making a difference and will continue to make a difference. The figures speak for themselves.”
Det Sgt Hutchins said that evolving technology and storage capacity were factors that had led to the number of images being uploaded and being found increasing.
He said: “Two or three years ago a large collection would be 60,000 or 70,000. We are now into the hundreds of thousands. It is still very much an underground operation.
“This week alone we found more than 700,000 images on one computer.
“A few years ago storage was only in megabytes, now we’re talking about terabytes and it’s only going to get bigger.”
New devices such as iPhones, iPods, X-boxes and even a fridge that connects to the internet have the potential to download indecent images.
Last year the team protected 35 children who were involved in indecent image cases in Lincolnshire.
Det Sgt Hutchins said: “People think their children are safe up in their rooms talking to friends over MSN, but do they really know what they are doing?
“At the end of the day we do this for the children. At the end of every image is a victim.”
NSPCC spokesman Claire Lilley said: “It is crucial to remember that children and babies are sexually abused to create indecent images like those seized by Lincolnshire Police.
“Once an image is online it can never be completely removed and the victims will always have to live with this dreadful situation.
“Those who view, download and distribute the images for sexual gratification are effectively colluding in the abuse of a child.”
Det Sgt Hutchins said there were ways that people in the area could help the investigation team and keep their children safe.
He said: “www.ceop.police.uk is the website of the Child Exploitation and Online Protection Centre which has a lot of advice for parents and for children.”
http://www.stamfordmercury.co.uk/news/crime/police_uncover_five_million_child_porn_images_in_lincolnshire_1_3532192
The number of arrests made last year doubled. We are making a difference and will continue to make a difference. The figures speak for themselves.”
Child porn victim numbers increase, expert says
By Rob Lamberti
Toronto Sun
Thursday, February 02, 2012
TORONTO - The number of victims of child pornographers is climbing across Canada.
Before the Internet, police were elated at catching one or two people for possessing a child pornography magazine through the mail.
But with the advent of the technology, the abuse and exploitation of children exploded.
Police said child pornography is one of the few types of crimes that is statistically increasing.
“The numbers are horrifying,” Karyn Kennedy, executive director at Boost Child Abuse Prevention and Intervention, said Thursday.
She said although a child could be rescued, the abuse continues every time a picture file is opened.
“We’re certainly seeing more victims referred to our centre who have experienced child exploitation on the Internet,” Kennedy said.
“Not all of them are coming through police arrests, some of them are coming through another problem; they have been physically abused, sexually abused,” she said.
Kennedy said “we’re certainly dealing with thousands of kids, likely tens of thousands across Canada.
“I don’t know the exact numbers, but I know they’re increasing,” Kennedy said.
She said in cases such as those revealed Thursday, the various CAS agencies would also be involved to ensure the victims are safe.
“Where we come in is to ensure the child gets the counselling and the treatment they need anywhere in Ontario,” Kennedy said.
She said 30 years ago, there was little by way of filming abuse, but now access to video recording equipment ˜ including cell phones ˜ is at the fingertips of almost everyone.
“It’s just so accessible, it will continue to be a huge problem,” Kennedy said.
Both Kennedy and police are stressing public education as a tool to help prevent kids from being victimized by predators.
http://www.torontosun.com/2012/02/02/child-porn-victim-numbers-increase-expert-says
Police arrest 60 suspects, rescue 22 victims in massive child porn sweep
Thu Feb 2 2012
Jennifer Pagliaro
Staff Reporter
The bad guys are still out there. After announcing the largest child pornography sweep in Ontario history, police say thousands more people are still suspected.
More disturbing are the countless young victims who continue to be abused.
At a news conference Thursday, police said 213 charges were laid against 60 people. Yet the Ontario Provincial Police and partner agencies said they’ve only started to skim the surface of child exploitation.
Those 60 individuals are alleged to be the worst of the worst. Police said limited resources mean investigators can’t possibly catch them all.
“We’re not going to arrest our way out of this problem,” said OPP Insp. Scott Naylor, manager of the OPP’s Child Sexual Exploitation Section. “That’s why we have to focus on public education and awareness as well.”
Fourteen of those arrested are from the GTA, with the rest coming from across the province, including London, Hamilton and Ottawa.
The accused range in age from 16 to 69. Among those charged in the GTA are a private school support worker and a former child pornography offender.
The sweep also identified 22 underage victims, all in Ontario, and removed them from dangerous situations.
That alone is reason to celebrate, police said.
“The 60 people who are arrested, that’s good,” Naylor said. “But it’s the 22 kids that aren’t being victimized today that were being victimized yesterday. That’s what makes my heart feel good.”
And with advancing technology police say their investigators are getting faster and smarter at keeping up with offenders.
Police used tools and software developed in-house to track 8,940 unique Internet protocol addresses where porn is suspected to have been downloaded in the past three months, said OPP Det.-Staff Sgt. Frank Goldschmidt.
At the Vaughan news conference, those IP addresses were displayed as an overwhelming number of red dots on a map of Ontario.
Using that information, police surfed through incriminating material to execute warrants or request the name and location of suspects registered at the IP addresses from Internet service providers.
Goldschmidt said keeping on top of new ways to store and transmit child pornography is a constant challenge. “So we’re developing some of these tools to help us out and identify these people.”
Among those charged is Bret Sheppard, 51, of Mississauga, a former support worker for Lynn-Rose Heights Private School in Mississauga.
Sheppard was employed by parents to help children in the classroom, the school said in a release.
“He is no longer employed in these capacities, and no longer has access to school property,” the statement said.
Steven Ernest Slade, 44, of Scarborough is charged with two counts of luring a child and breach of probation, as well as counselling to commit an indictable offence.
In 2009, the Windsor Star reported a Steven Ernest Slade was arrested after police were tipped to his apartment and found 568 images and 165 digital movies he’d shared online. They also discovered chat logs with sexually disturbing content.
Slade pleaded guilty to charges of possession of child pornography, luring and counselling someone to commit an indictable offence.
Police said additional arrests could be made and more victims identified in the massive investigation by the Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet.
Since 2006, police have laid 5,837 charges against 1,867 people as part of the provincial strategy.
“The sweep carried out over the past few days serves as another wakeup call to those who commit these monstrous crimes against children,” said the OPP’s acting commissioner, Scott Tod.
“You cannot hide your crimes. You cannot hide your identities. We are looking and we will stop you from victimizing our children.”
Others charged in the GTA: Shiraz Nariman, 42, of Toronto, Henning Winifried Jonat, 47, Toronto, Clifford Hollis Lewis, 46, Toronto, Jay Newell Thomas, 38, Toronto, Earl Everett Pond, 52, Pickering, Beverly Joe Gilbert, 35, Oshawa, Thomas Hardcastle, 22, Bowmanville, Derek Pearl, 59, Newmarket, Carlo Carparelli, 48, Markham, Philip Prouse, 27, Markham, Carman Batchelor, 56, Brampton, and Jose Luis Sobarzo-Hernandez, 21, Mississauga.
http://www.thestar.com/news/article/1125154--60-arrested-in-child-porn-investigation