[pp.int.general] Dutch platform internet security
Richard Stallman
rms at gnu.org
Thu Dec 10 04:38:10 CET 2009
Another fundamental question is whether chrild porn should really be
forbidden. This topic is really a taboo: there is so much indignation about
abusing children. But why is virtual (computer created) child porn also
forbidden? Yesterday our minister explicitly referred to it. While
previously the argument was that real and virtual porn is hard to
distinguish.
When people abuse (i.e., hurt) real children to make a recording of
the act for commercial distribution, those involved commercially in
distributing it are part of a conspiracy to hurt the children. They
can all be prosecuted for that.
However, that is no reason to censor or punish anyone else who
distributes it, having no commercial relationship with the making of
it. We do not criminalize video recordings of other worse crimes,
even murder, when distributed by those who are not part of the crime
itself. There are films and photos that show real mass murder in the
World Trade Center; does anyone propose to censor them?
We also do not censor fictional violence in video, not even when it is
disgusting (as in the movie Pulp Fiction, for instance). Why should
it be different for any other crime?
If it is hard to tell from the video itself whether the video shows
real child abuse, that implies it is plausible that it does. That
means there is probable cause to obtain warrants to question people
and search so as to determine whether it was real.
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