alt Hacker NewsI think you’re right, but from another angle. In the state where I lived way back when, a state representative put forth a bill to explicitly make e-CSAM illegal. I guess it was already illegal for print media and this covered a gap in the law about cell phone pics, etc. Thing is, it had no allowance for the age of the picture taker, or even whether the picture taker was the photo subject. If a 16 year old girl took a nude selfie and sent it to her boyfriend, she was a felon.
I wrote to the rep and explained my concerns. I wholeheartedly agreed with the intent of the law, but the code was buggy. To my surprise, he wrote back in horror to say he hadn’t considered that and pulled the bill immediately. I’m proud of having done that.
I’m 100% pro yeeting child pornographers into the sun. I still don’t want to throw kids in prison or remove all traces of a right to privacy in our haste to sun-yeet them.
> I still don’t want to throw kids in prison or remove all traces of a right to privacy in our haste to sun-yeet them.
The one messy corner of this is the "strict liability" for this type of material. An underage kid can take a nude photo, send it to an adult, and then the adult can criminally liable for just having it, even if he deleted it as soon as he saw it. Either both parties involved in handing something for which there is "strict liability' need to be held accountable, or "strict liability" has to be changed so a person isn't liable if he deletes or reports the material as soon as he first becomes aware of it. And this isn't likely to happen because it would provide a plausible defense for every one criminally charged.