This is true and good to keep in mind, but it's also an inescapable risk of any network involving autonomous agents. We're also susceptible to downloading content that's different than advertised (e.g. Rickrolling).
And in all honesty, the whole "but child porn OMG" is a non-sequitor.
Child porn already exists on the web directly. And Tor Hidden Sites. And Freenet. And other places.
The real problem with CP is that fact there's no mens-rea requirement. A script can download it to your browser cache under blank images. It's in your cache, and you have no clue.
In the current situation, you are illegal. With mens-rea, you aren't - there was no willingness to get it, therefore you aren't at fault. Think of this as shoplifter compared to something that fell in your cart you missed. Same idea.
(In all honesty, I hold to Stallman's idea of CP shouldn't be illegal, period. It's a proof of a crime. Snuff videos of people being murdered isn't illegal, although the murdering part very much is. Child abuse is illegal, as well it should be, but proof of child abuse shouldn't.)
You still have to convince others there was no willingness. And it's much easier to convince them of that if you're not also sending the copies to other people.
kefka|9 years ago
Child porn already exists on the web directly. And Tor Hidden Sites. And Freenet. And other places.
The real problem with CP is that fact there's no mens-rea requirement. A script can download it to your browser cache under blank images. It's in your cache, and you have no clue.
In the current situation, you are illegal. With mens-rea, you aren't - there was no willingness to get it, therefore you aren't at fault. Think of this as shoplifter compared to something that fell in your cart you missed. Same idea.
(In all honesty, I hold to Stallman's idea of CP shouldn't be illegal, period. It's a proof of a crime. Snuff videos of people being murdered isn't illegal, although the murdering part very much is. Child abuse is illegal, as well it should be, but proof of child abuse shouldn't.)
viraptor|9 years ago