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Germany passes Internet censorship
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 3:51 am    Post subject: Reply with quote

Let's be clear Casper. You think a government shouldn't focrefully shutdown child-porn distribution websites - they have the right to host anything they want? Correct? Only the production is illegal, sharing any file is constitutionally protected?

Fox, you argue it may become more lucrative. That isn't the question. It's whether a government has the right/obligation to stop (to the extent of its ability) the distribution and consumption of child porn. It may produce adverse effects, but the law should attempt to stop illegal behaviour. Furthermore, it may be a 'wedge issue' but that doesn't at all reduce the fact that limitation in the distribution of illegal substances is ethically correct.
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jul 10, 2009 4:00 am    Post subject: Reply with quote

RufusW wrote:
Fox, you argue it may become more lucrative. That isn't the question. It's whether a government has the right/obligation to stop (to the extent of its ability) the distribution and consumption of child porn. It may produce adverse effects, but the law should attempt to stop illegal behaviour.


Whether or not it becomes more lucrative, though, is directly relevent. If a given policy would not effectively decrease the illegal behavior in question, and might even increase it due to the increased profit potential of the market in question, then it's very easy to argue it should be undertaken at all.

Government censorship is always a serious matter, and should always be avoided if possible. If government censorship would not substantially reduce the actual production of child pornography, it's not in our interests to do so, as it involves opening freedom of expression to further attack without any reciprocal benefits.
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 4:12 am    Post subject: Reply with quote

fox, I know you're pragmatic, and you're basically arguing the ends justifies the means. Legalise some child porn and the total will be reduced. Surely if something is deemed illegal the government should attempt to stop it, regardless of the consequences - these are effects that should be dealt with afterwards - but it is the obligation of a government to stop illegal activity, regardless of how a market reacts.
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jul 10, 2009 4:21 am    Post subject: Reply with quote

RufusW wrote:
fox, I know you're pragmatic, and you're basically arguing the ends justifies the means. Legalise some child porn and the total will be reduced.


I didn't suggest legalizing it, I said censoring it on the internet will be pointless and a potential gateway to freedom of expression infringement with no reciprocal benefit and possibly detrimental effects. The production of child pornography can and should remain illegal.
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 4:25 am    Post subject: Reply with quote

But isn't allowing an activity to continue - when it could be stopped (if you accept this doesn't affect freedom of speech) - implicitly legalising it?
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jul 10, 2009 4:57 am    Post subject: Reply with quote

I think their attempts cause more harm than good, and can even be counterproductive, as Prof Adler demonstrates.
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 5:04 am    Post subject: Reply with quote

Well I quoted both of these earlier...
Quote:
I explore the possibility that certain sexual prohibitions invite their own violation by increasing the sexual allure of what they forbid.

Quote:
The dramatic expansion of child pornography law may have unwittingly heightened pedophilic desire.

TBH I find this ridiculous, you're not going to entice a 'normal' male into peadophilic tendencies by saying it's banned. Those with a slight tendency and a desire to break the law maybe. But the number of peadophiles is realtive to the population to the same way homosexual and hetrosexual people are.

Casper, quote Adler to define your point.
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jul 10, 2009 5:24 am    Post subject: Reply with quote

RufusW wrote:
But isn't allowing an activity to continue - when it could be stopped (if you accept this doesn't affect freedom of speech) - implicitly legalising it?


Not censoring it and allowing it's production to continue are two totally different things I would say.
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jul 10, 2009 5:48 am    Post subject: Reply with quote

This article on the German law outlines well the potential dangers:

The coming age of internet censorship

From Wikileaks
June 17, 2009


Today, Germany's lower house passed the first Western national internet censorship law. As every news organization, political newsletter and discussion between friends relocates onto the internet, censorship systems are being rolled out to interpose themselves between every communicator and their audience.

By Claire Ulrich (translated from the French, Les censeurs du net)

In Internet history, 1994-2004 was the era of the pioneers. 2004-2007 was the era of the merchants. Now we�re entering the era of the bullies. Everywhere in the world, sites are going dark, arrests are increasing, more people are going to prison. The Web just celebrated its 20th birthday. Nobody used to take it seriously, but those days are gone.

Italy is right up there with Beijing and Shanghai, where cybercaf�s are required by law to check the IDs of every single client. In Kazakhstan at the moment, people are strongly advised not to publish the words �economic crisis� online. The president doesn�t want them to. This is quaint compared to the tests going on in Australia to purge the domestic Web of �pedo-pornographic content.� All governments are anxious about the Hydra that is the Internet, but they all act on their concerns according to their culture. Great Britain is preparing to monitor and archive all electronic communications in the name of the War on Terror. In France, the battle between the government and Internet users is over the downloading of copyrighted material. When the dust settles on the legal battlefields, there remains an unequal power relationship: governments and Internet service providers (ISP) now have the technological means to detect and block access to sites they find objectionable on a countrywide scale. When this happens, it�s called Web �filtering.�

ERROR 404 � PAGE NOT FOUND

Web filtering is most often indicated by the �Page Not Found� message familiar to all Internet users, free or monitored.

In Oman, in Bahrain, in Dubai, the 404 page works overtime: you are redirected to a message informing you, in English and Arabic, that the site you are looking for is not authorized in the kingdom. In China, the 404 page doesn�t come with an explanation. There�s no point; the sites are censored. American soldiers in Iraq see it when they try to access YouTube while on base, which is prohibited by the US Army. They don�t have that problem in cybercaf�s in Baghdad. In Algeria and Egypt, it indicates an actual technical problem. The Web isn�t filtered there, though it is closely monitored. You get it in Syria if you try to go to a site that ends in .il, the top-level domain for Israel. But you�ll have no trouble getting to a porn site. And in Tunisia, the 404 page is just fake.

FIRST STOP, TUNISIA

On our cruise through Censorland, we must stop over in Tunisia, the first African country to have access to the Internet, that shining gateway to a computerized citizenry and new technologies. Praised by Bill Gates (�I am amazed by Tunisia�), this country is at the forefront of cybercensorship. Back in 2000, when the blogosphere was still deserted, the country led the charge by censoring the forum Takriz.org (�fed up�.org) within its borders. That same year, its first cyber-dissident, Zouhair Yahyaoui, was arrested in a cybercaf� and condemned to 18 months in prison for having published on his site, Tunezine, a survey that asked, �Is Tunisia a kingdom, a republic, a zoo, a prison?�

The 10-year marriage of the latest cyber-surveillance technologies and a police state has declined into a sad routine � imprisonment of cyber-dissidents and automatic suppression of foreign press sites if even a paragraph is deemed undesirable. Lofti, a Tunisian who lives in Europe, recalls that he was never able to connect to the site Voila.fr when he was in the country. Why? Because of the AFP dispatches published on the portal? Photos that were too sexy? Asking questions is also frowned upon. Interestingly, the ATI has always, from the beginning, been run by a woman. Khadija Ghariani, an engineer, Ecole nationale sup�rieure des telecommunications, Paris, class of �84; Feriel B�ji, who has a doctorate in artificial intelligence; and Lamia Cheffai Sghaier, an electrical engineer, each took turns running the agency. Among dissidents, they�re called Ben Ali�s Angels, a local show with the tagline, �We�re here to make you hate the Internet!� Tunisia is also a master of cyber-humor.

�WRITE �JI/AN/G ZE/MIN��

The other old soldier of cybercensorship is China.

Please follow link and read this excellent article in full
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 5:56 am    Post subject: Reply with quote

Casper - try synthesising things... and answering other people's points - that's called discussion.

Fox - government controls everything. whether implicitly or explicitly. There's no middle ground. If a government decides not to regulate something it is - by default - considered legal.
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jul 10, 2009 6:07 am    Post subject: Reply with quote

RufusW wrote:
Well I quoted both of these earlier...
Quote:
I explore the possibility that certain sexual prohibitions invite their own violation by increasing the sexual allure of what they forbid.

Quote:
The dramatic expansion of child pornography law may have unwittingly heightened pedophilic desire.

TBH I find this ridiculous, you're not going to entice a 'normal' male into peadophilic tendencies by saying it's banned. Those with a slight tendency and a desire to break the law maybe. But the number of peadophiles is realtive to the population to the same way homosexual and hetrosexual people are.

They may not even have a tendency. They may just be curious.

With all due respect, Rufus, I have to give the credibility to the law professor over you.

But please, honestly answer this question: Is your curiosity not piqued in the least to see just what type of pictures can get one 10 years in prison and a $250,000 fine per photo?

RufusW wrote:
Casper, quote Adler to define your point.


NYU Law Prof. Adler wrote:
Child pornography law has turned every man, woman, and child in America into a vile, pustulating pedophile.


And while we are quoting, here's another of interest:

Adolf Hitler wrote:
The State must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 6:28 am    Post subject: Reply with quote

bacasper wrote:
They may not even have a tendency. They may just be curious.

Is your curiosity not piqued in the least to see just what type of pictures can get one 10 years in prison and a $250,000 fine per photo?

You (I) may be interested and you may check it out, but you're not going to turn a 'normal' hetorsexual male into a peadophile by challenging them. The majority will say "Ewww.. that's disgusting!". The % of peadophiles is essentially fixed, it's not natural for all humans. If you restricted gay porn you wouldn't have straight men turning gay!

NYU Law Prof. Adler wrote:
Child pornography law has turned every man, woman, and child in America into a vile, pustulating pedophile.
This is ridiculous, he misunderstands what a peadophile is. I'm surprised you chose such a silly quote.

bacasper wrote:
And while we are quoting, here's another of interest:

Adolf Hitler wrote:
The State must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.

You just Godwin'd yourself. Remember, synthesise - there's no reason why everything Hitler said was wrong/right. But produce a conclusion.

bacasper wrote:
With all due respect, Rufus, I have to give the credibility to the law professor over you.

But I'm debating you. If you can't represent his point succinctly it's your fault, not mine.

Furthermore, you argued making something illegal will increase the possibility of people engaging in it - this means you shouldn't make anything illegal. You need to define you argument!
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bacasper



Joined: 26 Mar 2007

PostPosted: Fri Jul 10, 2009 8:07 am    Post subject: Reply with quote

RufusW wrote:
bacasper wrote:
They may not even have a tendency. They may just be curious.

Is your curiosity not piqued in the least to see just what type of pictures can get one 10 years in prison and a $250,000 fine per photo?

You (I) may be interested and you may check it out, but you're not going to turn a 'normal' hetorsexual male into a peadophile by challenging them. The majority will say "Ewww.. that's disgusting!". The % of peadophiles is essentially fixed, it's not natural for all humans. If you restricted gay porn you wouldn't have straight men turning gay!

Your non-responsive post is a straw man. The issue is not about changing one's sexual orientation, but viewing illegal images. And you yourself have already said that there may be cases where people just may become tempted to look at the images. You don�t think there are straight men who just out of curiosity looked at gay porn and then went �Ewwww?� By then it is too late, they already looked.

Quote:
NYU Law Prof. Adler wrote:
Child pornography law has turned every man, woman, and child in America into a vile, pustulating pedophile.
This is ridiculous, he misunderstands what a peadophile is. I'm surprised you chose such a silly quote.

OK, so you haven�t read the article. But certainly you do not believe that she (Prof. Adler is female) was diagnosing every American as a clinical pedophile, do you?

Her quote refers to the idea that, whereas perhaps you or I might have come across a photo of a kid in a swimsuit or underwear ad without giving it a second thought, now prosecutions for such photos entail scouring the image for details of outlines of genitalia or clefts which would thus constitute �crossing the line� into the realm of illegal child porn. No longer can anyone look innocently at a photo of a kid in swimwear or underwear anymore.

Quote:
bacasper wrote:
And while we are quoting, here's another of interest:

Adolf Hitler wrote:
The State must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.

You just Godwin'd yourself. Remember, synthesise - there's no reason why everything Hitler said was wrong/right. But produce a conclusion.

The Godwin defense fails here. I did not call you a Nazi or fascist for disagreeing with me. What, now every reference and discussion of Hitler and Mein Kampf constitutes Godwin? This quote as well as the second article I posted above point up the slippery slope to which I have been referring since the OP: people are ostensibly willing to give up some freedom because it is alleged to be �in the interests of children.�

Quote:
bacasper wrote:
With all due respect, Rufus, I have to give the credibility to the law professor over you.

But I'm debating you. If you can't represent his point succinctly it's your fault, not mine.

Furthermore, you argued making something illegal will increase the possibility of people engaging in it - this means you shouldn't make anything illegal. You need to define you argument!

No, you thought her arguments were ridiculous. I didn�t.
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RufusW



Joined: 14 Jun 2008
Location: Busan

PostPosted: Fri Jul 10, 2009 8:49 am    Post subject: Reply with quote

bacasper wrote:
The issue is not about changing one's sexual orientation, but viewing illegal images. And you yourself have already said that there may be cases where people just may become tempted to look at the images... By then it is too late, they already looked.

It's not about a singular viewing. Production and consumption of child pornography is hugely by a majority of peadophiles..... not people who are tempted, or partially interested - continued consumption is only by peadophiles.

bacasper wrote:
OK, so you haven�t read the article. But certainly you do not believe that she (Prof. Adler is female) was diagnosing every American as a clinical pedophile, do you?

This is what I'm talking about. Instead of merely citing a whole article, synthesise it and create a conclusion. You offered this quote as an example. I led with it and I presumed she did.

bacasper wrote:
Her quote refers to..... No longer can anyone look innocently at a photo of a kid in swimwear or underwear anymore.

I understand the sentiment, it doesn't detract from the arguement that illegal material (children posed for pornography) should be limited by government.

bacasper wrote:
This quote... point up the slippery slope to which I have been referring since the OP: people are ostensibly willing to give up some freedom because it is alleged to be �in the interests of children.�

An equal is the slippery slope of gun control - if you control some guns you control all. 'Slippery slope' is stupid in this sense because it means you're never allowed to try and reduce illegal content.

Casper - argue a case. What do you support? Restrictions on production of child porn, restrictions on distribution, or restrictions on consumption? Or no restrictions at all?
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Fox



Joined: 04 Mar 2009

PostPosted: Fri Jul 10, 2009 6:52 pm    Post subject: Reply with quote

RufusW wrote:
Fox - government controls everything. whether implicitly or explicitly. There's no middle ground. If a government decides not to regulate something it is - by default - considered legal.


Yes, and I'm saying the production of child pornography should remain criminalized, so please don't construe my case as legalizing it. I am opposed to a very specific course of governmental action here. They should continue to do their best to apprehend individuals who are forcibly sexually exploiting children. That is, after all, the only reason child pornography is contraband: because it's production de facto involves harming children. Unless internet censorship somehow reduces this harm done to children (and I strongly suspect it won't), it's not just meaningless, but it's a gateway to freedom impingement.
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