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NEWS: Prosecution Drops Charges in Canadian Manga Child Porn Case


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partially



Joined: 14 Oct 2007
Posts: 702
Location: Oz
PostPosted: Thu Mar 15, 2012 4:49 pm Reply with quote
Bastille wrote:
Toriko36 wrote:
I've also wondered how exactly they got him to open his computer and allow them to go through it.

Was it on his desktop background? If it was stored in a file somewhere on his pc, I find it very hard to believe they took all that time to open one computer and go through it.

Why was he picked out of the customs line, searched and ultimately have his computer searched.

Is there somewhere we can read the whole case and all the why/how/who/what/where details?


Canadian Customs is, for any reason at all, allowed to look through any electronic devices you bring into the country and take a copy of its contents. You can take a look here to see the latest information on what the CBSA are capable of (based off the latest public information that was obtainable). Yes, there had to be something that tipped them off but, the moment you get pulled aside for a closer inspection, you lose a lot of rights.


Not necessarily. For things like laptop searches it is pretty much random selection. Though they do tend to pick on you depending on factors such as race and whether or not your washed and well dressed Razz . So unless he was pulled aside for some specific reason, it is likely he was just the receiver of a random search.
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Cecilthedarkknight_234



Joined: 02 Apr 2011
Posts: 3820
Location: Louisville, KY
PostPosted: Thu Mar 15, 2012 5:30 pm Reply with quote
partially wrote:
Bastille wrote:
Toriko36 wrote:
I've also wondered how exactly they got him to open his computer and allow them to go through it.

Was it on his desktop background? If it was stored in a file somewhere on his pc, I find it very hard to believe they took all that time to open one computer and go through it.

Why was he picked out of the customs line, searched and ultimately have his computer searched.

Is there somewhere we can read the whole case and all the why/how/who/what/where details?


Canadian Customs is, for any reason at all, allowed to look through any electronic devices you bring into the country and take a copy of its contents. You can take a look here to see the latest information on what the CBSA are capable of (based off the latest public information that was obtainable). Yes, there had to be something that tipped them off but, the moment you get pulled aside for a closer inspection, you lose a lot of rights.


Not necessarily. For things like laptop searches it is pretty much random selection. Though they do tend to pick on you depending on factors such as race and whether or not your washed and well dressed Razz . So unless he was pulled aside for some specific reason, it is likely he was just the receiver of a random search.


so in a separate world line he wouldn't have been selected?? hmmm something else to ponder a bit... i hate having wondering mind. Also this image is relevant to this thread
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Hagaren_Otaku726



Joined: 16 Mar 2006
Posts: 137
PostPosted: Thu Mar 15, 2012 5:44 pm Reply with quote
agila61 wrote:


This is not a person.

It is especially troubling when laws intended to direct our society's resource to fighting actual child pornography in which actual children are abused, oftimes in horrific ways, is instead diverted into suppressing the freedom of expression involving drawings.


Very much agreed. Just because you're a lolicon, doesn't mean you're a pedophile. It seems like the government's resources are better used on "real" pedophiles and helping "real" children that have been abused by these people.

(*cough*...I took a look on Sankaku at the actual image in question they found on his computer. Yes, it's NSFW, but it's pretty tame compared to the stuff on 4chan and around the rest of the internets. I can only imagine how 'well' a bishoujo game or worse, guro images, would have gone over.)
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Greed1914



Joined: 28 Oct 2007
Posts: 4449
PostPosted: Thu Mar 15, 2012 6:01 pm Reply with quote
It's cases like this that have made me decide that I'll help out the CBLDF after I graduate from law school.
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Sailor S





PostPosted: Thu Mar 15, 2012 6:30 pm Reply with quote
agila61 wrote:


This is not a person.


But is she 18? Because she's looking awfully hot, and I wanna be sure I'm not being a child molester Razz
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One-Eye



Joined: 08 Mar 2011
Posts: 2261
PostPosted: Thu Mar 15, 2012 6:32 pm Reply with quote
V1046-R wrote:
One-Eye wrote:
From the handbook:
Quote:
You are more likely to be chosen to have your devices searched if you:

-Are importing something the CBSA deems to be suspicious. This could include anime and manga, which the CBSA is highly suspicious of. The CBSA has reminded its officers that “most [anime and manga is] not
child porn”.

-Are a single man traveling alone.
After reading that handbook its pretty chilling. They can stop anyone at anytime and go thru all your electronic devices. Complain too much? Then its suspicious and you are liable to get your stuff confiscated for a more detailed search. Are you a single man traveling alone with pics of your kids at the beach, then you are probably a pedophile and need to be locked up. It even mentions that there are rumors of searching for illegal copies of media. So, I guess if you have rips of your favorite anime on your laptop or phone you may get scrutinized.


Common sense would tell me when travelling to another country, don't take chances & don't bring anything that makes you stand out. Including images on electronic devices. You are in someone else's land, and all rules you know about from where you live are out the window. Squeaky clean is my rule of thumb when traveling across borders.
Has nothing to do with "common sense" or "squeaky clean". If you read the handbook you see it goes beyond carrying manga and anime. You can be chosen at random not because you are guilty of anything. If you have personal client information, trade secrets, heaven forbid that you are a professional photographer, etc and contest them accessing your devices in order to protect private information they may assume that you are hiding something and detain you. They may confiscate your belongings and not give them back to you even if you are not guilty of anything. They may even put spyware on your devices. Everyone crossing the border is therefore considered guilty. This is disappointing from a country that is supposed to have a strong democratic tradition. What is chilling is that I can see plenty of people on this side of the border thinking that its a great idea and taking it even further.
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dewlwieldthedarpachief



Joined: 04 Jan 2007
Posts: 751
Location: Canada
PostPosted: Thu Mar 15, 2012 7:32 pm Reply with quote
Mohawk52 wrote:
the judgement that drawings depicting possible children having sex with other children, or adults comes from the many tested and debated theories that the mind is stimulated the same way regardless what media is used to satisfy that stimulation, which can then cause a craving for increase of stimulation to the point of actual predatory events and outcomes. Therefore a drawing of child porn can have the same effect as real child porn in some perpetrators. But the debate goes on and I find the whole result as wanting more testing as the conclusions are still to ambiguous and sporatic to be of concrete use in law making.


Even if it was the case that the existence of loli/shota-type content had the potential to create a desire for itself in those otherwise uninclined, going to the extent of illegalizing the content would seem hypocritical in light of the need for the freedom of thought. Naturally, beliefs inform actions and it would not be unreasonable to wonder if this could inspire criminal activity. However, children have been victimized by superstitious parents believing in the power of prayer and it is still legal to disseminate superstitious doctrines in Canada. It was only recently that it became illegal to deny medical treatment to minors on the grounds of religious beliefs. We're hardly out of the puritanical jungle.

Dr. James Cantor, a professor of Psychiatry at the University of Toronto, was interviewed on Dan Savage's podcast a while back. Typically, the image of a pedophile is of a sociopath that delights in pain and sufferring. However, Dr. Cantor details that there are otherwise average individuals of this temperment as well. He explains that some unfortunate souls are in fact neurologically wired differently than the typical adult; the same criteria that cause arousal in you or I when we see secondary sex characteristics is in fact inverse for these people. It's similar to how homosexuals are wired differently, except such feelings can never be ethically realized. This leads to a lot of shame and pain; the stigma of this condition as it is reflected in our legal systems makes it difficult if not impossible to get help without being branded a predator.

Make-believe child abuse is not only fallacious and puritanical, it cuts-off one of the few outlets such individuals have, and it needs to go away.
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Cecilthedarkknight_234



Joined: 02 Apr 2011
Posts: 3820
Location: Louisville, KY
PostPosted: Thu Mar 15, 2012 7:48 pm Reply with quote
dewlwieldthedarpachief wrote:
Mohawk52 wrote:
the judgement that drawings depicting possible children having sex with other children, or adults comes from the many tested and debated theories that the mind is stimulated the same way regardless what media is used to satisfy that stimulation, which can then cause a craving for increase of stimulation to the point of actual predatory events and outcomes. Therefore a drawing of child porn can have the same effect as real child porn in some perpetrators. But the debate goes on and I find the whole result as wanting more testing as the conclusions are still to ambiguous and sporatic to be of concrete use in law making.


Even if it was the case that the existence of loli/shota-type content had the potential to create a desire for itself in those otherwise uninclined, going to the extent of illegalizing the content would seem hypocritical in light of the need for the freedom of thought. Naturally, beliefs inform actions and it would not be unreasonable to wonder if this could inspire criminal activity. However, children have been victimized by superstitious parents believing in the power of prayer and it is still legal to disseminate superstitious doctrines in Canada. It was only recently that it became illegal to deny medical treatment to minors on the grounds of religious beliefs. We're hardly out of the puritanical jungle.

Dr. James Cantor, a professor of Psychiatry at the University of Toronto, was interviewed on Dan Savage's podcast a while back. Typically, the image of a pedophile is of a sociopath that delights in pain and sufferring. However, Dr. Cantor details that there are otherwise average individuals of this temperment as well. He details that some unfortunate souls are in fact neurologically wired differently than the typical adult; the same criteria that cause arousal in you or I when we see secondary sex characteristics is in fact inverse for these people. It's similar to how homosexuals are wired differently, except such feelings can never be ethically realized. This leads to a lot of shame and pain; the stigma of this condition as it is reflected in our legal systems makes it difficult if not impossible to get help without being branded a predator.

Make-believe child abuse is not only fallacious and puritanical, it cuts-off one of the few outlets such individuals have, and it needs to go away.


That reminds me of that law and order svu episode where the teenager went in and said he had these sexual thoughts of wanting to have sex with children. Legally under the law the could not do anything to him until a crime has or had occurred but he wanted help so bad he was begging for it. The detectives couldn't do anything until he actually did that and the teenager was killed by a guy that host site for known pedophiles that talked about looking not touching etc. Yeah it's an issue a big one but keep in mind i myself like a little loli/shota deepening on how it's drawn. However I would rather take a cheese grater to my balls before committing an act or even looking at illegal material of real children, I have nephew and if anyone where to hurt him in that way, well lets just say his or her neck would be slit.
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agila61



Joined: 22 Feb 2009
Posts: 3213
Location: NE Ohio
PostPosted: Thu Mar 15, 2012 8:47 pm Reply with quote
Sailor S wrote:
agila61 wrote:


This is not a person.

But is she 18? Because she's looking awfully hot, and I wanna be sure I'm not being a child molester Razz

Since I would presume that the translation would say that she (? I'm guessing) is in college, despite the original Japanese script referring to being in a middle school class, I would presume that I would presume she (he?) would have to be over 18.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Thu Mar 15, 2012 10:15 pm Reply with quote
Causation means it MUST lead to the results cited. If it does not then it means the item or work in question cannot by definition be the cause of the act.

I see some VCP I do nothing.
Someone else sees some VCP and they abuse a real person.

Logical implication dictates the person is the cause.

I have a gun. I don't shoot people with it.
Someone else has a gun and they shoot someone

If the item--loli manga, the gun, etc--is the cause, that means that anyone who uses it must, by definition, be forced to act.

Furthermore, we can see empirically the disproof of whatever it is people try to make illegal that it is not the cause, for if it were, again, everyone exposed to it, using it would be committing these acts. There would in fact be a gigantic explosion of it.

Quote:
"Most of the harm in the world is done by good people, and not by accident, lapse, or omission. It is the result of their deliberate actions, long persevered in, which they hold to be motivated by high ideals toward virtuous ends...

- Isabel Paterson in God of the Machine
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5852
Location: Virginia, United States
PostPosted: Fri Mar 16, 2012 1:39 am Reply with quote
I have traveled abroad many times over the years for my job. With two laptops, and several storage drives. For me, being selected for random searches, did not involve accessing my laptops or storage drives. But rather having those devices being personally examined for explosives. One of my storage drives is that big Iomega drive, can't miss that traveling down the x-ray scanner.

While I can't say the U.S. doesn't do data searches, I haven't seen it happen, or know anyone that it has happened to. Random searches aren't supposed to take that long either.

I'd say, if they are doing a data search on you, it isn't random. You are being targeted, pure and simple.

By now, traveling to Canada, must be assumed to be risky. If you have to go to Canada, just take the clothes on your back, and leave everything else back in the States, including your smart phone.

Think Australia is also going the way of Canada too, though they are almost like China when it comes to the Internet, in their own way.
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Mesonoxian Eve



Joined: 10 Jan 2012
Posts: 1858
PostPosted: Fri Mar 16, 2012 7:32 am Reply with quote
Sailor S wrote:
But is she 18? Because she's looking awfully hot, and I wanna be sure I'm not being a child molester Razz

THREAD WINNER!!!

This subject is shit to begin with, but it's always nice to see comic relief can still do its job.

Well done.

Now, PM me with the details on what you intend to do with the image when you get a chance.
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Konopan



Joined: 06 Oct 2011
Posts: 397
PostPosted: Fri Mar 16, 2012 9:43 am Reply with quote
falloutgal wrote:
A more detailed write-up here: http://www.comicbookresources.com/?page=article&id=37552
Quote:
Upon going through the files, the customs officer found an image that was described in the court papers as "a collage of 48 discrete animated images which portray 'persons' involved in sexual acts." This image is actually a moe-style parody of a classical Japanese woodblock print titled Shijūhatte, which roughly translates to "the 48 positions," and is in turn based on a print of the 48 wrestling positions.


Ahaha, wow, pretty sure I've had that same image in my pictures folder for a year or so.

Least now I know I can take my dilapidated, broken-screened Acer to Canada without worry, though.
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Blueansy



Joined: 05 Jul 2011
Posts: 4
PostPosted: Fri Mar 16, 2012 10:45 am Reply with quote
I don't see a reason why u should keep your memory devices at home when you are going abroad. There is nothing easier then to encrypt your files(for example with TrueCrypt ) to single file a then rename it for something like 1234.mkv . Only evidence is that you have a corrupt movie on hdd and nobody can say a thing no matter what country are you going to travel.
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Polycell



Joined: 16 Jan 2012
Posts: 4623
PostPosted: Fri Mar 16, 2012 11:34 am Reply with quote
A) A cursory inspection of said file would reveal it almost instantly to be utterly invalid as a Matroska container.
B) Matroska is capable of much awesomeness. In addition to menus, file linking, virtual timelines and multiple editions, that includes attaching files. Make sure you don't go and attach a hundred megabyte file to a thirty second clip, though.
C) Backing up DVDs and BDs can be a violation of the law since it does involve circumventing copy restriction, so things can be said.
D) If you're traveling to a place where they mandate surrendering encryption keys, Truecrypt can bite you in the ass if you really don't use the hidden container and they think you do.
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