Interesting People mailing list archives

IP: "child porn piece from my 1997 book proposal comes true!!!"


From: David Farber <dave () farber net>
Date: Thu, 05 Jul 2001 17:58:16 -0400



Date: Thu, 05 Jul 2001 16:32:51 -0400
From: jordan pollack <pollack () cs brandeis edu>
To: declan () well com, farber () cis upenn edu


When is it illegal to own information?

  Information is difficult to police. employees of a company
are enjoined from taking company information out. Tobacco
companies, for example, don't want any internal memos of
research or legal departments circulating, tho some got to
the berkeley site.
The government doesnt want information on bomb-making, poisons,
illegal activities of the CIA, etc. circulating, partly for
the protection of society, partly to cover its own butt.

If you have a dubbed cassette tape or copyrighted video tape,
(not from broadcast!) or software on a hard disk, without evidence of
license,
you could be arrested someday. Most small crimes of property are not
enforced
since police would rather focus limited resources on violent crime.
Software piracy today is like sodomy, tax evasion, or marijuana smoking
- If
the powers want to put you away, they have a crime to use.

There are some kinds of information which is forbidden even
to own. The most obvious is "kiddie porn,", images of children
portrayed as sexual objects. This is somewhat incredible.
You could make a law which protects children by electrocuting
the photographers, the procurers of models, those who sell
and even those
who BUY the information. But under the social protection notion, it is
not these exploited
models or others who might be exploited, but all children who
are at risk from any portrayals of them as sex partners.

Therefore, stories you write yourself
about child sex are illegal to own. Cartoons
about child sex are illegal to own. The following sentence is
obviously legal:

After some instruction, the 20 year old Natasha was an expert in
glass blowing. She could blow quite large test tubes and keep it up
for hours. And although her globes were small,
they had the cutest little nubs on their end.

But if a nasty editor substituted 14 for 20,
you could be arrested for owning this book. Unless it were art.

Virtual Valerie versus Virtual Valerie Junior.

Similarly, if one made a computer animation of consensual sex with
computer
graphics, moving geometric configurations, it would be fine,
but if you remade the animation using the configurations of
the bodies of children, that software would be illegal.

Another potentially illegal ownership of information is algorithms
for strong encryption, which is classified as a munition. Many americans
who work in the field of cryptography have put up with heavy
restrictions
on their publications. The US government went around looking for copies
of
Phil Zimmerman's PGP code available on many ftp servers, under the
export
of munitions act.

A final information which might be illegal to own is information about
building weapons, depictions of national flag-burning,
or even under some future political systems, information on abortion.

The No electronic theft (NET) law passed recently criminilizes the
receipt
of pirated IP. So if you own information which you received or retrieved
which saved you a bunch of money on licensing fees, you could be
arrested or fined.



--
Professor Jordan B. Pollack   Dynamic & Evolution Machine Org
Computer Science Department   FaxPhone/Lab: 781-736-2713/3366
MS018,  Brandeis University   http://www.demo.cs.brandeis.edu
Waltham Massachusetts 02454   e-mail: pollack () cs brandeis edu



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