Tuesday, May 20, 2008

5月20日 隨即的事情: SCOTUS to Lewd Internet Braggers - Don't Even Think About It

*The case is United States v. Williams, Held: It is now totally illegal for anyone, online, to suggest that they have child pornography, whether they have it or not.

The SCOTUS overturned the 11th Circuit Court of Appeals today, upholding a challenged portion of the PROTECT (Prosecutorial Remedies and Other Tools to End the Exploitations). An article in the Washington Post describes the provision at issue (see also, NYTimes):

The law bars not only the exchange of sexually explicit images of children but also any attempt to convince another person that child pornography is available. The law covers offers that do not contain actual pornography and even offers in which no pictures exist.

Its pandering provision targets the person who "advertises, promotes, presents, distributes or solicits . . . any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe," that it depicts children engaged in sexual activity.

The decision was 7-2, with Scalia writing the majority and Ginsburg writing the dissent, joined by Souter. Stevens wrote a concurring opinion.

The moral of the story is it is *not* cool to say you have kiddie-porn even when you actually don't.  This, of course, raises the question of who in their right mind would actually do this.  But, then again, who in their right mind would have anything to do with child pornography.  Feds insist that the provision is necessary because it's hard to track the source of kiddie smut otherwise.  Sounds OK to us . . .  

* We'll be traveling the next few days (starting Wednesday).  NOVA, Philly, I-Town, et cetra.  That means less posting :( .  But it also means more fun . . . presumably. 

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