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NEWS: Christopher Handley Pleads Guilty to Possession Charges


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Kyoko F.



Joined: 20 May 2009
Posts: 2
PostPosted: Wed May 20, 2009 8:24 pm Reply with quote
Some Guy wrote:
Here is a direct link to the Lawyer's article. Thus far it has proven very interesting. Amusingly enough, one of the government officials charged with monitoring Handley noted that his computer contained links to this very website.

It is recent too, only 8 days old.

http://comipress.com/special/miscellaneous/down-the-slippery-slope-the-crime-of-viewing-manga


Looks like I better get rid of my copies of Chobits...


Well this sucks. I love my Chobits series, and what about Negima and Loveless?
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Mune



Joined: 20 May 2004
Posts: 376
Location: Minnesota
PostPosted: Wed May 20, 2009 8:27 pm Reply with quote
There are few problems with this case:

1. Postal Office(USPS) is not allowed to search any package, nor tell anyone about items being shipped and to whom.(I know this because I applied for a PO job. Customs, maybe.

2. Definition of obscene is:
A. Offensive to accepted standards of decency or modesty. Inciting lustful feelings; lewd.
B. Repulsive; disgusting
C. So large in amount as to be objectionable or outrageous

Anything can be called obscene by the general public or group of people. A lot of American art is obscene to me, but its owner doesn't get put under scrutiny. Why? It's art. Manga=art(drawings)

3. Why the hell did they ban him from all anime in general? If I were in his situation, I'd probably kill myself or break out and flee the country.

4. Since when is it all right for someone to tell you what you can read and can't read?


Honestly, I believe it's just someone pissed that they didn't get enough money out of this guy and was instead getting items directly from Japan.

BTW, I'm from Iowa.
I'll see you all at Anime Iowa in August!
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Whatocean



Joined: 22 Oct 2007
Posts: 6
PostPosted: Wed May 20, 2009 8:31 pm Reply with quote
penguintruth wrote:
Because, as we all know, a human being that exists as ink on a paper can be vicitimized.

All comic book writers should therefore be charged with murder whenever they kill a character off.
You just made the best point here.

These are only fricking animated images, not photographs of live crimes that have been committed.

I think I'll move to Japan.
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LordRedhand



Joined: 04 Feb 2009
Posts: 1472
Location: Middle of Nowhere, Indiana
PostPosted: Wed May 20, 2009 8:39 pm Reply with quote
That is true if it's not an import. It's an import, those are inspected.

And really only a true few manga could fall under art in terms of the word. Something like say Bleach or Naruto or something similar is more of something that is consumed over say an masterpiece work of art. So sequential art is an artform, but not everything that uses it is, kinda like films.

And there is an obscenity test that can and should be applied in these types of situations as it's what is fair but it cannot save everything.

Now if something was say bought legally in a store in your state or even through standard mail systems (so customs doesn't get involved) You are probably fine, but stil if you are uncertain err on the side of caution.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 20, 2009 8:55 pm Reply with quote
Mune wrote:
There are few problems with this case:

1. Postal Office(USPS) is not allowed to search any package, nor tell anyone about items being shipped and to whom.(I know this because I applied for a PO job. Customs, maybe.

2. Definition of obscene is:
A. Offensive to accepted standards of decency or modesty. Inciting lustful feelings; lewd.
B. Repulsive; disgusting
C. So large in amount as to be objectionable or outrageous

Anything can be called obscene by the general public or group of people. A lot of American art is obscene to me, but its owner doesn't get put under scrutiny. Why? It's art. Manga=art(drawings)

3. Why the hell did they ban him from all anime in general? If I were in his situation, I'd probably kill myself or break out and flee the country.

4. Since when is it all right for someone to tell you what you can read and can't read?


Honestly, I believe it's just someone pissed that they didn't get enough money out of this guy and was instead getting items directly from Japan.

BTW, I'm from Iowa.
I'll see you all at Anime Iowa in August!


USPS didn't search the package. The package was intercepted by Customs and searched according to the press release. That's one of the reasons why there is a declaration form on the outside of all overseas orders coming into the US. The Postal Inspection Service searched and seized the property.

So maybe Customs has a list of suspicious businesses.

You can't read just anything nowadays. PROTECT exists for a reason. Obviously whatever he bought wasn't considered art.
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KN_guro



Joined: 02 Oct 2008
Posts: 59
PostPosted: Wed May 20, 2009 8:56 pm Reply with quote
Okay this is weird. I have bought yaoi mangas released here in America where the boys are underaged. But if I would have imported it I would have gotten in trouble?
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Tempest
I Run this place.
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Joined: 29 Dec 2001
Posts: 10421
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PostPosted: Wed May 20, 2009 8:57 pm Reply with quote
icepick314 wrote:
i read that article but still didn't answer why Postal Office went after guy except for the fact that the package came from Japan and they followed the man to his home to find vast collection of Japanese manga...


Could be either a "random search" or a "behavioral search." I import a lot of material to Canada from the USA and from Japan and about 1 in 20 packages I receive is searched.

A behavioral search is when they keep records of how often material is sent to you from a particular country, and if it occurs often enough, you're flagged as "suspicious." I don't know if the United States does this, but based on my personal dealings with your CBP, I would guess they do.

Finally, it might just be that there was no customs form/sticker on the outside of the package and they opened it to see if they should charge duty.

Fact is, international mail is randomly searched by both Canada and the United States.

-t
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Tempest
I Run this place.
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Joined: 29 Dec 2001
Posts: 10421
Location: Do not message me for support.
PostPosted: Wed May 20, 2009 9:00 pm Reply with quote
hikaru004 wrote:
3. Why the hell did they ban him from all anime in general? If I were in his situation, I'd probably kill myself or break out and flee the country.


Because they're ignorant fools and don't know the difference between anime, manga, lolicon, etc...

-t
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ArthurFrDent



Joined: 05 Aug 2008
Posts: 466
PostPosted: Wed May 20, 2009 9:01 pm Reply with quote
If you look at the linked site, and in the earlier ANN pieces, they point out that the guy was a collector with thousands of manga, DVD and such. Upon search, they found 150-300 images in manga he had. So in 1200 manga, each with hundreds of image panels, they found ~150 images that could be actioned. The article at Manga pointed out that the rest had nothing to do with what might be construed to be a minor, or indeed where about illegal acts.

Based on the overall info, it sounds like in the inbetween YEARS they have done everything to make sure that his life was hell, so that he would plead to a lesser, rather than take it to court. At 39 getting sent to prison for 15+ years if you lose doesn't sound like a good thing when your lawyers may be saying 50/50 chance, though that's conjecture.

I wonder how long it will be before something bawdy like ShinChan or NegiBozu sneezing Asuna's clothes off will fall under these increasingly draconian rules. An awful lot of this seems to be about thought crimes, and that's doesn't lead anywhere good. ESPECIALLY when what they were doing going after Handley was to soften him up by saying he couldn't go into IM or chat, and had to have periodic mental evaluations.

It only seems like we made it past 1984 until we find out how close we are.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 20, 2009 9:03 pm Reply with quote
tempest wrote:
hikaru004 wrote:
3. Why the hell did they ban him from all anime in general? If I were in his situation, I'd probably kill myself or break out and flee the country.


Because they're ignorant fools and don't know the difference between anime, manga, lolicon, etc...

-t


Would this be a good time to point out that I didn't say that?
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ArthurFrDent



Joined: 05 Aug 2008
Posts: 466
PostPosted: Wed May 20, 2009 9:07 pm Reply with quote
KN_guro wrote:
Okay this is weird. I have bought yaoi mangas released here in America where the boys are underaged. But if I would have imported it I would have gotten in trouble?


um, read up, you could get in trouble NOW for possessing such things, it just happened that his was imported, and hence got searched. That doesn't mean this wont apply to you.
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Mune



Joined: 20 May 2004
Posts: 376
Location: Minnesota
PostPosted: Wed May 20, 2009 9:12 pm Reply with quote
Still seems like they sure did take their time on the case. What about that speedy trial?
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Josh7289



Joined: 27 Aug 2005
Posts: 1252
PostPosted: Wed May 20, 2009 9:14 pm Reply with quote
F*ck, f*ck, F*CK!

Why oh why in the world did he plead guilty? He should have fought this thing to the ends of the Earth.


And with this, US citizens lose another facet of freedom.

What a repressive, Puritan society we are. =/
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 20, 2009 9:16 pm Reply with quote
ArthurFrDent wrote:
If you look at the linked site, and in the earlier ANN pieces, they point out that the guy was a collector with thousands of manga, DVD and such. Upon search, they found 150-300 images in manga he had. So in 1200 manga, each with hundreds of image panels, they found ~150 images that could be actioned. The article at Manga pointed out that the rest had nothing to do with what might be construed to be a minor, or indeed where about illegal acts.

Based on the overall info, it sounds like in the inbetween YEARS they have done everything to make sure that his life was hell, so that he would plead to a lesser, rather than take it to court. At 39 getting sent to prison for 15+ years if you lose doesn't sound like a good thing when your lawyers may be saying 50/50 chance, though that's conjecture.

I wonder how long it will be before something bawdy like ShinChan or NegiBozu sneezing Asuna's clothes off will fall under these increasingly draconian rules. An awful lot of this seems to be about thought crimes, and that's doesn't lead anywhere good. ESPECIALLY when what they were doing going after Handley was to soften him up by saying he couldn't go into IM or chat, and had to have periodic mental evaluations.

It only seems like we made it past 1984 until we find out how close we are.


Pleading guilty = losing.

He plead guilty for possession of child porn and interstate mailing of child porn. He's still going to do a lot of jail time imo. He's prob also going to pay a fine imo.

Pleading guilty saves the prosecution (Iowan tax payers) and the defense team money. The case was prob a lost cause especially considering the amount of agencies involved and calling in the FBI translators to boot.

Josh7289 wrote:

And with this, US citizens lose another facet of freedom.

What a repressive, Puritan society we are. =/


Child porn was never protected here. If you call this "repressive" then you need to live in a truly repressive country to understand what freedom truly is.
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GATSU



Joined: 03 Jan 2002
Posts: 15310
PostPosted: Wed May 20, 2009 9:18 pm Reply with quote
So where the fudge was CBLDF in all this? What's the point of asking to defend him, if he's just going to plead guilty? Or are they going to appeal his case?
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