So, in real child pornography cases, they have expert witnesses come in that give professional opinions on why the person being depicted in the photograph or video is probably a minor. They then of course leave it up to the jury to decide if the evidence was good enough.
So what kind of experts do they bring in for cartoon porn? Animators? Authors?
“Why you see it’s well known in the fantasy genre that adult elves, pixies and trolls exhibit the following secondary sex characteristics that pre-pubescent, juvenile or teenage pixies, elves and trolls do not.”
And then of course we could get into the argument that just drawing a stick figure with a dong, and another, smaller stick figure with a dong fooling around with eachother, is also child pornography. I mean, I’m sure lots of stick figure artists would agree that the typical way to depict a child in drawing stick figures is to make it smaller than the others, and I bet expert testimony could even tell you how old a stick figure was based on a ratio of the relative heights of the two stick figures in the drawing.
Or maybe that’s ridiculous, and we’ll only prosecute people where the drawings are pretty good and really, truly accurately depict a minor. So then we’ll need some art critics at trial to critique the art and provide evidence to the jury as to what exactly separates (in art theory) the depiction of the alleged minor from just a stick figure.
The whole thing is just ridiculous. I would LOVE to be on a jury a la 12 angry men on a case like this where everyone is convinced the guy is guilty except for me.
This is why you put EVERYTHING on a triple encrypted truecrypt volume (serpent-twofish-AES), why you have a fast computer to encode and decode everything in real time and why you use minimum 25-30 character passphrase for encryption.
Even if you go out of your way to avoid the obviously questionable shit, a lot times you don’t know what you’ve got until you look at and you can be ‘mislead’ from time to time, shall we say. But even when you’re not,if certain types of anime starts to come under scrutiny - and yes, I did read about the SCOTUS decision, but who knows how inclusive that really is upon subsequent review - you’d better have everything locked up nice and tight. It’s not paranoia if they really are out to get you (even if it’s not ‘you’ personally).
Not true. Many felons go back to jail for possessing hunting rifles, for example, while millions of other law abiding citizens do so without shame or repercussions.
I am for strict laws against child porn. But limited to actual photos - not cartoons - however the rules for convicted pedophiles should be different.
I thought that the makers of such films usually stamped “all the characters in this animated feature are depicted as 18” (or 16, or whatever the age of consent is in their country) to avoid situations like this. Seems a pretty easy problem to sidestep.
Of course, depending on how incriminating the data you encrypted is, the penalty for NOT giving them your password will probably be less than the jail time you’ll almost certainly be receiving if you do. But either way you’re fucked.