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Monday, November 30, 2015

CHILD PORNOGRAPHY, THE INTERNET, AND THE CHALLENGE OF UPDATING STATUTORY TERMS http://harvardlawreview.org/

CHILD PORNOGRAPHY, THE INTERNET, AND THE CHALLENGE OF UPDATING STATUTORY TERMS http://harvardlawreview.org/

4 Out of 5 College Kids Sext By Belinda Luscombe

4 Out of 5 College Kids Sext By Belinda Luscombe

Sexting and college, they go together like carnal and knowledge. But a recent survey from the University of Rhode Island has put some numbers on how widespread it is. And the answer is:
 w i d e.

Seventy-eight percent of students in the survey say they’ve received sexually suggestive messages and 56% say they have received intimate images. Two thirds of the students said they sent salacious messages. Before we call a national epidemic of Weiner -itis, we should note that 73% of texts were sent to a romantic partner. Almost like a romantic old love-letter, but shorter and with more emoticons.

And, it seems, with more staying power. Almost a fifth of the people who received the racy messages then forwarded them onto somebody else. And 10% of all the explicit messages sent were relayed without permission from the original author. (Those statistics should be put on a label and stuck on cellphones everywhere.)


“At the age of most college students, people are filtering through relationships at a faster rate,” said one of the study authors Tiffani Kisler. “People want to feel a sense of belonging so they are sharing more of themselves with people they are still getting to know. Once they click the send button, they don’t know where else a message will end up.”


The study sample was small (200) and limited to Rhode Island students, but the issue of younger people sending explicit images and messages via cell-phone is increasingly worrying. There have been several high-profile cases recently in which a forwarded sext has made life misery for the original composer of the message. It has also left those forwarding the message facing child pornography charges.

The Blurry Boundaries of Child Porn Not every illicit image is equally offensive, by Jesse Walker




The Blurry Boundaries of Child Porn Not every illicit image is equally offensive, by Jesse Walker
The Blurry Boundaries of Child Porn Not every illicit image is equally offensive, by Jesse Walker

Child porn evidence unreliable: study of Playboy BY IVAN ORANSKY

Child porn evidence unreliable: study of Playboy
By Ivan Oransky


NEW YORK (Reuters Health) - A commonly used method of judging a woman's sexual maturation may not be good enough in child pornography prosecutions.

That, at least, is what a group of pediatric endocrinologists concluded from a study of more than 500 Playboy centerfolds.

"So often these people get convicted on what I refer to as felonious bad taste," said Dr. Arlan Rosenbloom, a pediatric endocrinologist at the University of Florida in Gainesville. "They're downloading stuff that isn't very nice, but isn't illegal."

In many cases, prosecutors are basing their cases against people who have downloaded images, and don't have a way to confirm the subjects' ages.

In a study published online today in the journal Pediatrics, Rosenbloom and his colleagues write that they were prompted to examine "547 images with breast exposure from an anthology of the monthly centerfold illustrations in Playboy magazine from December 1953 to December 2007" because Rosenbloom had seen the so-called Tanner scale misused in trials.

The scale, published in 1969 by Dr. James Tanner and a colleague, describes five stages in the development of male and female sexual characteristics such as the shape of breasts and presence of pubic hair. Stage 5 is referred to as "mature," leading to some confusion over whether all women over 18 were in that stage.

The authors chose Playboy centerfolds because publisher Hugh Hefner is known for being scrupulous about only having models over 18. (The study may be the only one in the scientific literature to cite 2007's "Playboy; The Complete Centerfolds.")

When four pediatric endocrinologists looked at the centerfolds, however, at least one of them thought more than a quarter were Tanner stage 4. That kind of evidence, argued Rosenbloom, who has testified on behalf of defendants in such cases, has been used to bring people to trial and even convict them, based on the false idea that all women over 18 were Tanner stage 5.

"I thought it was important to let the pediatric public know that this is not an appropriate distinction," Rosenbloom, who has a related paper coming out soon in the International Journal of Legal Medicine, told Reuters Health.

‘WHOLLY ILLEGITIMATE USE'

Tanner himself - who died in 2010 - acknowledged in a 1998 letter co-authored with Rosenbloom that judging a person's age based on the stages that bear his name is a "wholly illegitimate use."

"Physical definitions of ‘child' are inherently problematic," Richard Wortley, a professor at University College London and co-author of "Internet child pornography: Causes, investigation and prevention," told Reuters Health by email. A recent court case, for example, "ruled that pictures that 'appear to be' of a minor was too imprecise, and that chronological age should be the criterion. Internationally most legislation is based on chronological age."

Yaman Akdeniz, a law professor at Istanbul Bilgi University and the author of "Internet Child Pornography and the Law," said most child pornography cases involve images of "younger children under the age of 12 rather than older teenagers." In such cases, distinguishing between Tanner stages 4 and 5 would be irrelevant.

However, he told Reuters Health by email, "courts deal with some contested cases in which the age of the person appearing in such images is questioned." How often the Tanner scale is used, however, is "very difficult to say," he said, noting that it should not be the only evidence to determine guilt.

The paper makes a good case against using Tanner stages in child pornography cases, according to Chuck Kleinhans, of Northwestern University's School of Communication in Evanston, Illinois.

But Kleinhans, who has studied child pornography issues, noted in an email to Reuters Health that the Playboy Playmates are "carefully groomed and have full body makeup before they go in front of the cameras." They're also "very carefully posed and lit," and "famously retouched (airbrushed) and modified before publication."

"Given contemporary Photoshopping technology, centerfolds are completely different from clinical medical photography, especially for forensic purposes," he said.

Rosenbloom acknowledged that the centerfolds were hardly the perfect set of data. He noted, however, that if anything, given that they tended to be well-endowed, they biased the sample against his claim, strengthening the conclusions.


The study, after all, looked at how often an "expert" might consider breasts to be at stage 4, he said; it was not designed to determine how many women had breasts at that stage. "For that you would need to have clinical grade photos or at best, examination of at least 100 young women, not an easy task."

US v. Cortez, Harbin

US v. Cortez, Harbin

Amici Curiae brief, US v. Larry Matthews

Amici Curiae brief, US v. Larry Matthews

E-DISCOVERY & DIGITAL EVIDENCE MISSISSIPPI COLLEGE OF LAW E-DISCOVERY CONFERENCE 2014 by CRAIG BALL

E-DISCOVERY & DIGITAL EVIDENCE MISSISSIPPI COLLEGE OF LAW E-DISCOVERY CONFERENCE 2014 by CRAIG BALL

Defending Child Porn Cases , by Reggie Aligada

Defending Child Porn Cases by Brian Martin

Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You? by Giannina Marin

Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You? by Giannina Marin

Disentangling Child Pornography from Child Sex Abuse, by Carissa Byrne Hessick

Disentangling Child Pornography from Child Sex Abuse, by Carissa Byrne Hessick

The Unbelievable Truth About Child Pornography in the UK by John Carr

The Unbelievable Truth About Child Pornography in the UK by John Carr
The Unbelievable Truth About Child Pornography in the UK by John Carr



Child Porn and your computer

Child Porn and your computer

Child Pornography Guidelines Are Ripe for Challenge BY ALAN ELLIS AND KAREN L. LANDAU

Child Pornography Guidelines Are Ripe for Challenge BY ALAN ELLIS AND KAREN L. LANDAU

Deconstructing the Myth of Careful Study: A Primer on the Flawed Progression of the Child Pornography Guidelines by Troy Stabenow

Deconstructing the Myth of Careful Study: A Primer on the Flawed Progression of the Child Pornography Guidelines by Troy Stabenow