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Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

arstechnica.com

41–46 of 46 posts

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#41

Earlier quoted context omitted.

Maybe a "World Police"? https://en.wikipedia.org/wiki/Team_America%3A_World_Police

Well we're already that :-). But leave the internet-level stuff to judges who focus on that, instead of the one closest to some random fbi office. At least that way the judges can see & learn how these things play out, and give some informed judgement that has a chance of setting good precedents.

this is hands down one of the best ideas ive heard all year

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#42

Earlier quoted context omitted.

Maybe a "World Police"? https://en.wikipedia.org/wiki/Team_America%3A_World_Police

Well we're already that :-). But leave the internet-level stuff to judges who focus on that, instead of the one closest to some random fbi office. At least that way the judges can see & learn how these things play out, and give some informed judgement that has a chance of setting good precedents.

Of course we'll have to call them "cyberjudges"

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#43
post #3

"As a way to ensnare users, the FBI even took control of Playpen and ran it for 13 days before shutting it down." Shouldn't the agents running this site be charged with child pornography distribution? Or are they above the law? This would be a full blown investigation against the police in this country (Norway), but here entrapment is illegal too.

Don't forget, prospective users had to upload new cp to become a member. In case that influences your conclusions

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#44
post #19
post #3

"As a way to ensnare users, the FBI even took control of Playpen and ran it for 13 days before shutting it down." Shouldn't the agents running this site be charged with child pornography distribution? Or are they above the law? This would be a full blown investigation against the police in this country (Norway), but here entrapment is illegal too.

1) Law enforcement agents are allowed to participate in illegal activity in order to catch criminals. Otherwise it'd be pretty damn easy to root out undercover cops. 2) Honeypots are not entrapment, which has a very specific legal definition. The person needs to be "normally law-abiding" and can't be otherwise already disposed to commit the crime in question. Not only that, but in most states (not sure about Federal…

Can a cop commit rape or murder? Normally a cop is only allowed to do minor illegal things that aren't on the level of directly harming a person. Since the government argues child porn directly harms the child (as otherwise it would be protected by the first amendment), a cop should not be allowed to engage in activities related to it.

On a related note, why doesn't the mafia just require any suspected cop to commit rape of some target. Or are cops allowed to go that far?

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#45
post #25

Earlier quoted context omitted.

You could argue that the FBI's use case does not harm, perpeutatue, or endorse the exploitation of children any further. It would be a different story if the FBI also commissioned new content to run the site.

You could argue that "mere" possession of such material does not either, yet that is not how the law is interpreted.

But possession drives demand. The FBI's case wouldn't drive demand from the producers.

Re: Judge: child porn evidence obtained via FBI’s Tor hack must be suppressed

#46
post #19

Earlier quoted context omitted.

1) Law enforcement agents are allowed to participate in illegal activity in order to catch criminals. Otherwise it'd be pretty damn easy to root out undercover cops. 2) Honeypots are not entrapment, which has a very specific legal definition. The person needs to be "normally law-abiding" and can't be otherwise already disposed to commit the crime in question. Not only that, but in most states (not sure about Federal…

Can a cop commit rape or murder? Normally a cop is only allowed to do minor illegal things that aren't on the level of directly harming a person. Since the government argues child porn directly harms the child (as otherwise it would be protected by the first amendment), a cop should not be allowed to engage in activities related to it. On a related note, why doesn't the mafia just require any suspected cop to commit…

fwiw, nypd has a clothes on policy in stings involving sex work. Only on the books because you know why
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