Founder of Tor Freedom Hosting arrested in Ireland, awaiting extradition to USA
independent.ie
independent.ie
That, in and of itself, is kind of curious. Curiouser? One of the original Op Darknet principals was Sabu. You may remember him as the hacker the FBI rolled and got to bust up LulzSec. Sabu was turned by the FBI on June 7th, 2011.[1] Operation Darknet began several months later, in October, 2011.[2]
The obvious question, then, is this: Did the FBI use Sabu to entice Anons into attacking child porn networks, thereby evading the laws against them doing it themselves? Did they use the fact they turned a well-known hacktivist to help them deal with criminals they lacked the legal tools to go after? Is this arrest the culmination of those efforts?
[1] https://en.wikipedia.org/wiki/Sabu_(hacktivist)
[2] http://www.informationweek.com/security/attacks/anonymous-at...
The fact that they're targeting child exploitation shows that there are really talented members of Anonymous who are willing to do the unthinkable for proper morals.
Can we spot the potential for abuse?
Or, you know, the police themselves.
http://popupchinese.com/the-dark-knight-rises.html
No accident that the third film starts with a CIA rendition sequence (the state has devolved into a vigilante actor on the same moral level as Batman or Bane -- "no lawyers [and] no due process"). Meanwhile, we see politicians govern by lying on television ("theatricality and deception") while the justice system has become a monster under the Dent law ("a law with teeth", "based on a lie", etc.).
We have to sign off on everything and record how we obtained the information and have been told by a number of lawyers that in no way are we allowed to break the law when collecting evidence that could be forwarded to police or prosecutors.
Private detectives go through the same thing as well. If they are carrying out a private investigation for a corporate client they can't submit evidence that has been obtained illegally to be used at trial. For eg. you can submit evidence from public surveillance, but you can't submit anything that you obtain by hacking email accounts or placing a recording device on private property.
From what I understand, there are very very strict rules about both gathering evidence and then chain of custody. The person who collects the evidence has to sign off on it and then be prepared to testify in a court to back up what they found. I know for certain that this applies in the USA, UK and Australia.
I wonder how the FBI are able to use evidence collected by Anonymous, or if they just use that work as a basis for their own investigations which start from scratch. I can't imagine a judge would be impressed when told that key evidence was obtained via an illegal breakin perpetrated by a group of hackers.
Re: Sabu. I've read everything there is on that case and don't recall a reference to his handlers prompting him on Operation Darknet. The timing also doesn't seem to work - Sabu was taken offline last March while this arrest is the culmination of a 12-month investigation, which would suggest it started around 5 months after Sabu's work with the FBI was completed.
[1] Just a note - I was usually against prosecuting the defacement style hackers or guys who were just poking around for fun. In all my work i've only ever been involved in two cases where evidence I collected (IP addresses, email addresses etc.) ended up being used in an investigation and in both cases it was phishing attacks from Russia.
For eg. Anonymous hack a child porn site and dump the database, which they send to police. I can't see an easy way how the police can use that information without it coming up in court as to how they got the lead in the first place. If they were to subpoena that persons email account or apply for a search warrant, the probable cause would need to be something that the police discovered independently.
The database would be a good source of leads, which would have to be worked separately.
It is very possible for something to go wrong. Everybody needs to know about Operation Ore:
http://en.wikipedia.org/wiki/Operation_Ore
US feds sent a database of users of an online payments service that was servicing child porn sites to police in the UK. What was lost in the communication, or what the US feds didn't know, was that the same payment service was also being used by legal or legitimate adult sites.
The UK police treated each user as a child pornographer, and made 3,700+ arrests out of the 7,000+ suspects. Most of these people were innocent, and the dragnet caught up teachers, lawyers, police officers, etc. and resulted in 33 suicides. It took these people a very long time to have their names cleared, and most have never recovered.
I'll bet some of them even had nothing to hide. If you just take into account the fall-out from this particular incident (which should have led to a few more heads to roll) then that alone is an excellent reason why dragnet style surveillance is a really bad thing. It leads to a large number of false positives and those in turn will have very negative real world consequences for innocent people that would have otherwise been able to just continue to live their lives.
Law enforcement should be done with the scalpel, not with the blunt end of an axe.
Today it seems the government believes it is better for 100 innocent persons suffer than to allow 1 guilty to escape....
Slavery was a grave error of that time. But it doesn't devalue the other, unrelated principles of yore as presented in that Ben Franklin quote of the GP.
But the fact that, centuries ago, non-whites and women weren't considered Persons with a capital P still doesn't negate the fact that the USA has abandoned its most important foundational principles (rule of law, fundamental and inalienable civil rights, freedom of speech) over the past 12 years.
I'm not claiming that the USA unhypocritically perfectly adhered to its stated values in the past. We broke the law and tortured people in WWII, in Vietnam, and in the guerrilla wars of South America, too. But you had to do those things below the radar. There were eventually consequences, if it was found out.
Now the US government disappears its citizens, or kills them (and whatever men, women and children that happen to be nearby) right out in the open, and the President goes on TV to talk about what a weighty thing it is on his conscience for him to approve all these murder lists in advance.
It's true, as some point out, that unconstitutional, illegal, and immoral things have always been done by the US government (and pretty much any government). However, it seems to me a fundamentally different thing when it is done without even pretending to adhere to the law or the constitution, in any more meaningful way than Nixon's claim that "when the President does it, that means that it is not illegal"[1][2].
[1]: http://en.wikiquote.org/wiki/Richard_Nixon
[2]: https://www.rutherford.org/publications_resources/john_white...
We shouldn't let past abuses excuse future abuses.
As for the timing, you may well be right. I simply remember Freedom Hosting being a target back in the day. While this case may not have anything to do with Op Darknet, it did ring some bells for me and arouse my suspicions of Op Darknet in general.
That's a tough argument for them to make because even a 'from scratch' investigation needs to start somewhere and I can't see how they're going to do that short of anonymously tipping themselves about who to investigate.
In Austria, if someone illegally spies on you, the information they collect can be freely used in court. It is not important where the evidence comes from, it is only important if the evidence is credible or not.
This doesn't mean that the police can do whatever they want; if they torture someone, a potential confession would be worthless because it wouldn't be credible. And if the police used illegal means, that would bring about a separate trial (in theory).
But courts in Austria never have to pretend that some evidence doesn't exist.
It may not be important everywhere, but there are other places where the origin of evidence is indeed important (e.g. Spain, in the EU). Just because in Austria it isn't you can't conclude that it's only important in the US.
Those restrictions are important to safeguard people's rights. The US since its founding has always had a bias for protecting individual civil rights, in theory at least. I rather this way of doing things.
It's not about pretending the evidence doesn't exist, it's about protecting people from abuse of police power.
There's no real info about the bust in the press, so I'm going to assume it was simple social engineering and payment tracking "Hey, I'll pay you $30k to set up private hosting <make up excuse not to use bitcoins> and I need it asap".
I don't know the details but media making FH out ot be an illegal porn factory or something. All I know of it is that it was free hosting with no rules, and hosted hackbb plus dozens of other forums none of them kiddy diddler related. The one's that were got hacked and defaced repeatedly
Maybe I'm wrong and the problem is a lot more widespread that I think it is, but I think that there are so many more crimes committed online. Yet, almost every time some morally righteous politician talks about regulating the Internet, he or she mentions "Child Pornography". I can see how the words would have the desired effect in a political speech, but is it really THAT common a problem?
Where did that come from? Call me paranoid, but it feels like this term came out of an orchestrated propaganda campaign to scare uptight puritan Americans from the Evils of the Internet, similar to the propaganda movies we can see about marijuana in the sixties.[1]
> The court also heard that a search of Mr Marques's computer revealed he had made inquires about how to get a visa and entry into Russia.
And it's valid to consider this suspicious? I've queried how to get entry into Russia before, I hope that didn't trigger any kind of alarm.Politicians almost always have kids. It changes your perspective on things. Suddenly they're number one and you'll do anything you believe is right for them. Including outlawing soft drugs and filtering the internets.
I don't want my politicians to have a perspective which only includes themselves. Unforutnately, its all far too common.
I can't recall the source (I'll try to find it tomorrow), but allegedly the amount of child pornography on the darknet is equivalent to a quarter of the legal pornography on the internet. That's a shocking amount of children being abused.
Law enforcement makes such an effort to go after people who view child pornography because many of them are members of underground communities. In any such network, someone is providing the material, as in, someone is raping children and posting it to the darknet. It might sound stupid, but their mentality is often similar to that of serial killers. They want evidence of their crimes to keep as "trophies", and they want recognition from their peers for their "achievements." If you find some random sick fuck who downloads that kind of thing, chances are that he would rather dime out his buddies than feel the full force of the DOJ come crashing down on him. This is how you find the actual abusers.
I for one think that the DOJ needs to stop fucking worrying about how many people downloaded an episode of GOT without paying for it and start using all of those wasted resources to find more pedophiles.
I had no idea it was a $10b industry, and if not for HN discussion then I probably wouldn't have learned that.
EDIT: after re-reading, tptacek seems to be saying "threads questioning whether child porn is valid to be hysterical about result in useless discussion." That's probably reasonable.
https://news.ycombinator.com/item?id=6083193
I've noticed over the years that any mention of child porn on an internet forum usually leads to a few posters making arguments that take the side of people with pedophilia. First, it's not easy to overcome, like any paraphilia or fetish, and if you don't hurt children you aren't a criminal. Second, merely distributing images doesn't directly harm anyone or conclusively promote harm. Third, not having access to images might increase acting out in the real world. Fourth, animated simulations could be tolerable substitutes.
At any rate, I find pedophilia so abhorrent that these kinds of arguments never really crossed my mind before I started reading forums. Which means I don't think they're entirely useless. I could probably tolerate legal simulations.
But I've been thinking recently: if pedophilia is truly something as legitimate as homosexuality, for example. Or, more specifically, if it should be recognized as an acceptable state of man. I emigrated to United States about 12 years ago, and I've observed a marked change in my sexual preferences (from dark skinned females to lighter skinned ones; I suspect mostly due to western media's influence), so, I'm compelled to think pedophilia is definitely something that could be controlled given that one is in accommodating conditions[1].
I'm these days entertaining the idea that pedophilia is usually a result to childhood issues -- mistreatment by parents, other kids, etc. I'll see if I can find any research that corroborates this.
In any event, I think one thing is for sure: the current mob-lynching fest is the worst imaginable scenario. A more soft approach that encourages paedophiles to consider cognitive behavioral therapy instead of hiding in forced isolation would probably yield the best overall results to society.
[1]: Wikipedia has a lot to say about treating paedophila: https://en.wikipedia.org/wiki/Pedophilia#Treatment
For example, a friend of mine was molested by her uncle between an age of 7 to 11 years old. The thing that sexually arouses her the most, but also creates in her the strongest feelings of guilt and revulsion after orgasm, is the thought of children of that age being sexually abused by middle-aged men. Except that in her fantasies, the children are actually enjoying and wanting it.
Child sexual abuse can imprint the abusee for life.
This book was written by a experienced neuro-scientist/psychologist. She had treated a patient that suffered a stroke and suffered some brain damage, which apparently caused them to become a pedophile. The patient was given ADHD medication and the pedophilia had disappeared.
Debateable. It's apparently a significant burden upon those who are depicted in such images, which are traded for years after the abuse occurred.
Fourth, animated simulations could be tolerable substitutes.
I believe there is some research to this effect, but can't provide a reference offhand. This would obviously be preferable to images of real people being abused, however long ago.
That said...it's an incredibly common problem. I'm not going to point you where to look for proof, but you could easily find it if you wanted to. And that's horrific.
The reason why it's so bad is because it's exploitation of children, who could not have led themselves into a vulnerable situation of their own accord.
There's no reason to get into it any further, it's vile. And I want to reiterate...this really isn't the place for questioning why it shows up so much.
I think I'm right in my view, and if you think I'm wrong that's okay. But let's not argue that kind of point here on Hacker News. That's not to say you can't question my view; I was answering a question. But I'm not going to engage in debate about it because I find it abhorrent to do so.
Yikes, the flip side of that is that adult rape victims are at least partially at fault because they put themselves in a "vulnerable situation". Is that really a position you agree with?
Your response, nit-picking my words as a form of debate, is counter to an empathic response, and entirely what I had hoped to avoid. I'm not going to engage in that line of thought because, honestly, there are a multitude of reasons why child pornography should be a priority. I won't argue them, and I understand that might be unpopular, but will you really debate someone on this?
Accusing people of dishonesty when they disagree with you or ask uncomfortable questions is not an acceptable way to conduct yourself.
Yes, it is, but no, it isn't. I present, for your consideration, the most depressing number in the world:
http://dx.doi.org/10.1016%2FS0145-2134(96)00180-9
"female and male child sexual abuse prevalence estimates [...] were 14.5% and 7.2%"
That's one in seven girls, one in fourteen boys. CSA is quite honestly the most insane and awful aspect of Western society bar none. And decades of crackdowns, teacher-initiated interventions, and, well, spying on every phone call in the country have failed to make a real difference.
So we target child pornography. We target child pornography because child sexual abuse is the biggest social problem in the modern era, and we don't know what else to do about it. I don't, honestly, know of any real evidence that there is much to be accomplished this way. Porn isn't correlated with rape and even though in this case there's no way that the porn could be made ethically it's a bit like stomping termites in a sinking boat.
The thinking is really that by damaging pedophiles' online support network they will be discouraged from engaging in such repulsive acts. Unfortunately, while I'd like to see it work, it doesn't make sense to me: people were raping children long before fiber optics got involved.
I don't really have a good answer. I hope this guy rots in jail.
http://upload.wikimedia.org/wikipedia/commons/b/b0/NIH_child...
* http://www.vice.com/vice-news/this-is-what-winning-looks-lik...
One of the higher up police chiefs(I think) said "..what else are they suppose to other than to fuck boys."
In other words, we're executing on the http://en.wikipedia.org/wiki/Politician's_syllogism :
1. We must do something
2. This is something
3. Therefore, we must do this.
Because I would argue that sharing of child pornography encourages people to create it. In the same way every other discussion board encourages people to contribute content.
Suppose that's true. Does that mean that sharing of child pornography increases the incidence of child abuse itself? I would argue probably not, or at least that the increase is fairly small compared to the resources that go into combating it. Public forums do encourage sharing, but that doesn't mean that what's being shared wouldn't have been done in the absence of the forum. It just wouldn't have been shared.
The main questions that need to be answered are these:
1. Does viewing child pornography actually encourage child abuse?
2. Does viewing child pornography discourage child abuse by giving pedophiles a sexual outlet that doesn't involve harming additional children.
3. How much more does it cost to catch and prosecute someone who produces CP than someone who merely views it?
It seems likely to me that, at best, we're wasting a lot of money reducing a factor that has a small negative impact on actual child welfare (people who view child pornography), when that money would be better directed at a factor that has a much larger negative impact (people who abuse children). At worst, we may be spending money going after a part of the problem which actually mitigates harm.
Whether or not it is the latter is unfortunately a very difficult question to answer. Most common wisdom about "sexual repression" and "outlets" is pretty much without scientific basis, as is the opposite wisdom that pornography encourages sexual behavior. The one correlation that can be drawn is that the results of studies on these matters tend to align strongly with the politics of their authors.
But in any case, yes I think it's safe to say that the focus specifically on pornography is wasted effort.
Even if it is too costly to catch the viewers first, there's no better way to find the producers after.
I believe studies exist which demonstrate that suppressing deviant behavior results in it manifesting itself more violently, not less. I wish I had a specific source to cite.
This isn't one of those things where all the evidence just says something general and simple, and then can be specialized to infer what happens for a case like this; it's really one of those times where we need to test what happens in this case in particular.
If you search for sources on that, I think you will find that the evidence is pretty divided. I actually had taken this as fact for a long time, but when I looked for sources to back it up, I found that it's not nearly so clear cut.
What does seem to be the case is that making someone feel ashamed over things they can't control is psychologically damaging. For example, shame seems to be a very strong predictor of whether PTSD symptoms will emerge, both in sex crime victims and in war veterans.
This problem of shame causing psychological problems, I think, may be where the idea of sexual repression being harmful came from. Suppression of sexual urges without shame may be completely harmless, but that's not usually how it happens unless you're doing a controlled study.
As a society, we are completely dropping the ball in this respect. We make victims feel ashamed and broken, which is incredibly unfair, and likely exacerbates considerably the psychological harm that they have to deal with.
And I think we're probably doing a lot of harm by making people who have sexual attraction to children feel ashamed. Given two people who are attracted to children, one of whom is relatively stable and secure, and one of whom has huge mental health issues, which one do you think is more likely to hurt a child?
Moreover, if we teach people that having an urge is already wrong, then what is the moral incentive not to act on that urge? Instead, we should be teaching people that attraction toward children is actually pretty common, and that there's no reason to be ashamed of anything that happens inside your head, but that there are some urges and fantasies that you must not act on (or at least must not act out directly; there are some alternatives like role-play and simulated pornography).
I'm not sure what you mean by this. Do you mean that evidence is lacking? Because that was my whole point.
>It seems you're trying to believe the latter
I'm not trying to believe anything. That would be a mortal sin. I am saying that we don't have evidence to rule out either 1 or 2, and both seem about equally plausible. It would certainly be convenient for 2 to be true, since it would give us a pretty easy option for deterring child abuse (high quality simulated CP). That's why I think it's important that we find answers those questions.
If 1 is true, I want to believe 1. If 2 is true, I want to believe 2.
Not to mention that considering viewing to be socially acceptable , in itself, damages society (by lowering social norms). And I'd say it's gotten to a strange level in "internet" society. Think of all child porn jokes out there. Replace it with something else (say, necrophilia), and it's just weird.
Can you argue that so easily? Because I see the claim made very often. I have seen zero strong arguments supporting it. If you think you can argue for this position effectively, I invite you to try.
>Not to mention that considering viewing to be socially acceptable , in itself, damages society (by lowering social norms)
First of all, there's a gigantic difference between switching enforcement efforts away from people who view CP, and making the viewing of CP socially acceptable.
But if you're saying that it harms society to make having sexual attraction to children socially acceptable, I couldn't disagree more. I think the only plausible hope we have for significantly reducing child sexual abuse is a revolution in how our culture understands morality as it applies to internal mental states. If you want to teach someone not to act on urges to harmful behavior, you aren't going to get very far by telling them that they're evil for having the urge in the first place.
The original producers are part of the primary market, and only pay attention to the consumers that participate in the primary market. The secondary market--where open sharing of "used" content goes on--is ignored by the primary market.
The primary-market producers for exploitative pornography consist mainly of two types: individuals who film their own acts of exploitation to use as currency in trade for the films of exploitation-acts of others; and professionals, usually members of a crime syndicate that has humman trafficking business, who sell their content on the black market in less reputable countries. In both of these cases, the produced works are scarce goods: as few people will see them as can be managed.
Leaks to the secondary market are bad for the producers in the primary market; not only do they increase supply for the consumers in the primary market (and thereby drive down demand), but they also make it much more likely that law-enforcement will get their hands on the offending media, and be able to analyze it for clues to the individual or group's whereabouts, or just as proof in a trial. Thus, the producers in the primary market tend to enforce a loan-shark-like "you break my trust, I break your knuckles" policy on the redistribution of their content.
The incentives are basically just entirely missing for anyone in the primary market to specifically release content to the secondary market. Anyone who "just wants the attention" and releases multiple videos will soon be tracked down and arrested.
Picture it like someone who is manufacturing some form of illegal-but-sought-after drug, like MDMA. Have you ever heard of someone who makes MDMA--not a redistributor, but an originator--giving away large quantities of it to people they don't know, just for the attention? That's just throwing away your assets, your safety, and your profitable business all at the same time, isn't it?
Producers, whose content get leaked to the secondary market, get caught by law-enforcement, because each video available to law-enforcement is one more piece of evidence that can be used to track and trap them.
The consumers in the primary market will get in trouble with the producers for their leaking to the secondary market--much in the same way that Microsoft will get mad at you for leaking your company's Windows/Office MAK key. If a producer has only given copies of a video to five primary-market consumers, it's quite easy to figure out which of those consumers is responsible for the leak. The law doesn't have a good way to catch these people; but the producers do. (In a lot of cases, this amounts to literally being "in trouble with the mob.") Note that this knocks a consumer out of the primary market--but increases the amount of free content available in the secondary market. Since producers and consumers are taken out of the primary market in equal numbers when this happens, supply/demand stays constant.
The "pirate" re-distributors in the secondary market--the people these primary consumers leak to--don't care about any of this. They have no personal relationships with the primary market, and are not personally involved in it, other than in consuming and sharing the content produced there. They also don't have to share any personally-identifying details about themselves to participate in the secondary market (they can just be a TORified IP address, unlike the primary market which operates more through established contacts.)
However, by and large, the secondary market is overwhelmingly larger than the primary market--and so, when a Best Buy repair tech finds exploitative pornography on someone's hard disk, that person will likely be a member of the secondary market. Catching anyone from the primary market requires these social-engineering-based busts that you hear about--where someone infiltrates a primary market--precisely because there's no social "path" from the secondary market back into the primary market.
It seems to me that the same materials (or even more) would be available for discovery by law enforcement in the secondary market if the secondary market (i.e. redistribution) didn't carry large criminal penalties.
> The consumers in the primary market will get in trouble for their leaking to the secondary market--much in the same way that Microsoft will get mad at you for leaking your company's Windows/Office MAK key--because, if a producer has only given copies of a video to five primary-market consumers, it's quite easy to figure out which of those consumers is responsible for the leak.
The ability to punish leakers is somewhat irrelevant unless there is near 100% success in doing so and the secondary market is entirely eliminated, which seems implausible.
> Since producers and consumers are taken out of the primary market in equal numbers when this happens, supply/demand stays constant.
Are you assuming a 1:1 relationship between suppliers and consumers for some reason?
> The "pirate" re-distributors in the secondary market--the people these primary consumers leak to--don't care about any of this.
Regardless of whether they care, changing availability in the secondary market will affect demand in the primary market because would-be participants in the primary market may satisfy their demand in the secondary market.
Well actually yes, but not for the attention. It happens with less serious drugs (and amphetamines to a lesser extent) in some of the more social communities which are open minded to drugs (eg randoms in a dance music club or hippies back during the summer of love). The drug sharing happens from there because of the way how those communities are united (eg through music or ideals).
You also see free harder drugs pushed as a way for dealer to get new customers (ie get them hooked and then you have their custom). So even there, it's not about the attention, but about future profit in the long term.
But I do get your point, it's less common for what you say to happen; it's certainly not the norm. But it does happen.
You can make child porn with point-and-shoot camera, a memory card, and any location that is available for ten minutes. Mobility is high. Distribution is cheap.
If that conclusion is indeed correct, then apparently our efforts to put a halt to it haven't worked. There are then two possible conclusions:
1) We haven't done enough yet. Doubling the available budget will improve the situation.
2) Our current methods are pointless. No amount of effort will do the trick, and going after child porn is indeed a wasted effort.
Personally, I think it's a combination of the two. The advent of the internet has made sharing illegal content orders of magnitude easier. Even if our efforts at curtailing child porn are effective, those efforts have largely been outpaced by technological development. In this it's similar to general internet piracy.
On the other hand, it is questionable whether going after child pornography is the right way to combat child sexual abuse at all. The jury is still out on the question whether watching porn increases one's likelihood of committing sexual assault, though recent studies seem to conclude this is not the case, even for violent porn, and that there might even be an inverse relation.[0]
If that is indeed the case, then child pornography is not a trigger for child sexual abuse, merely a result thereof. Then going after child porn is justified to prevent the abuse of the children involved, but no more important than preventing the abuse of children whose abuse is not recorded and distributed: we should be focusing on preventing child abuse altogether, and place less emphasis on whether there's a camera present or not.
[edit] In my comment, I implicitly assume that (violent) legal pornography is to sexual abuse as child porn is to child sexual abuse. That may not be entirely accurate. See derefr's post[1], which discusses some of the differences in economic incentives between the creation and distribution of normal porn and those of child porn.
_____
Exploiting children? Absolutely should be prosecuted. Paying for CP (and thereby directly contributing, economically, to its production)? Definitely. But just downloading and viewing an image? I'm no fan of the idea of CP, nor a radical libertarian, but I just can't grok this idea.
I've heard many justifications for it. The most substantial of these seek to establish some connection between demand for this content (by non-paying/free viewers) and the economic motive to create it. I think many people in this thread--and numerous investigations--have found this link to be tenuous/nonexistent. What, are child porn producers running a charity or something? They're in it for the money. If you download pirated/free CP, they don't get paid, and they'll never get paid.
The more ridiculous explanations, frequently deployed by Jesus politicians and law enforcement lobbies, have to do with a link between consumption of CP and real-life sexual abuse/assault/molestation/rape of minors. Even if we assume, for a moment, that there is some connection and that the causality is intelligible[1], how is that compatible with the spirit of hundreds of years of Anglo-American liberal intellectual history and legal theory? Since when is it okay (or constitutional, etc.) to prosecute someone for something they might do, but haven't actually done? Is this possible in any other area of law, or is CP that special? Why's it so special?
[1] Does CP cause sexual abusers of children to go do that? Or is it something they take an interest in it because they're already sexual abusers?
You can contribute to its production without paying money. It's like people cracking copy-protected software for status, rather than for money. They get 'paid' in other things they value.
(Obviously, by "paying" I don't mean strictly "paying with fiat currency". I mean paying in any tender, or barter arrangement.)
They are apparently a pedophile, and they give an account of what life is like for a pedophile and on darknets. They also assert that there were little to no rapists / people selling CP on Freedom Hosting.
Here's a pastebin of his comment for screen readers: http://pastebin.com/9uuQK4ME
I'm not sure why you're singling out Western society. Erotic child-adult relationships seem to have been fairly common throughout history and throughout the world. Both in ancient Greece and feudal Japan, pederasty was common and accepted. Muhammad's youngest wife was nine years old when he consummated their marriage, and this wasn't really seen as notable until the 20th century.
The psychological impact on children notwithstanding, the stigmatization of pedophilia seems to be a pretty modern phenomenon.
Certaintly you meant the world population. It's not like this is exclusive to us Westerners.
I assure you it's not limited to "Western society", at all.
But i'll tell you the argument from the police and prosecutor side. I spent some time speaking to a high-level police officer about this some years ago. They aggressively prosecute downloaders of child porn for a number of reasons:
a) No matter how far down the chain somebody is, demand for child porn necessitates child abuse somewhere up the line. Someone is taking these photos to supply a demand. By taking out users you suck up the supply of child porn.
b) Unlike with drugs, which are used by a much larger portion of the population, it is feasible to cut down child porn supply by arresting people on the demand side. Child porn addicts, on average, spend a lot of money and resources on obtaining material, so even the arrest of a small hub can have an impact on demand and break up trading networks.
c) The approach to stopping child porn is to find the publishers and distributors by taking out users. Again unlike the drug market most users of child porn are also distributors - trading is very common. If you find one person in possession you can very quickly map out the network that person is within, which often results in the big and wide busts you hear about on the news
d) This police officer told me that in a majority of cases the child porn user treats the arrest as an intervention. Most know that they have a problem but can't stop and in many of his arrests the child porn users were thankful and became co-operative. It took an arrest to "snap them out of it".
It convinced me (I think - still undecided) that you can't legalize or be soft on child porn possession, as all that demand is going to lead to a child being abused somewhere in order to satisfy it.
I mean, I've been practically living online for too many years, stumbled upon some dark corners of the web and I can honestly say that I never came across CP (I mean inadvertently. I never actually targeted anything like that, so I don't know how easy it is to find if you actually want to. And I wish I could try it out to validate my claims, but the whole paranoia about the subject makes me afraid of having "underage porn images" in my search history).
My point is that if you listen to politicians, you'd think that the Web is ridden with kids exploited for porn. I can think of so many crimes I come across quasi-daily on the web: Credit card fraud, identity theft, copyright infringement, banking scams, stalking, harassment, ... I suspect, although I don't have the data to back it up, that these are more prevalent by several orders of magnitude, yet in our collective mind: "online crime == child pornography".
I honestly didn't mean to start a debate whether we should or should not prosecute offenders and how. I just find it weird that we mention it so much, and the slightly paranoid conspiracy-theory-loving voice in my head can't help but think that someone is spreading deliberate FUD by amplifying actual events.
At the "all or nothing" level, this is perhaps true. But where is the evidence that aggressively going after CP consumers has a significant marginal impact on child abuse? If you arrest 10% of CP consumers (a ludicrously optimistic goal), will that reduce child abuse by even 1%?
It polls well with the sort of people who think lottery tickets are good value for money. Ditto for the war on drugs, jailbait laws, TSA shoe searches, and so forth. You didn't seriously think this madness was bad luck, did you?
> the idea of pre-pubescent children being exploited by pornographers horrifies me as much as anyone
It doesn't horrify me. In a world with billions of people, there have to be quite a number of prepubescent 10 year olds who are eager and happy to be porn stars. In fact they barely move the needle on the weird-kid-o-meter, when you consider the autists, schizos, animal torturing junior psychopaths, etc.
Conservationists have been branded "supporters" of child pornography, and incidentally the logging industry has seen its largest growth ever and jobs are plentiful.
TL;DR Your analogy is broken. Go fix.
Edit; Apparently the person in question was aware.
Should bus drivers have to ensure they don't drive anyone committing crimes? Of course not, that is patently ridiculous.
Do yourself a favor and exercise a few brain cells before you blindly suck up bullshit reddit is spewing.
This is a hosting service, it's like a taxi. A taxi driver would not get in trouble here. The reason a normal driver would get in trouble is because it's assumed that the people you give rides to are people you know.
And if I provide a hosting service why would I have to listen to some guy off the street claiming that a site breaks TOS? If thoroughly checking such things was standard I'd probably be inundated with useless troll reports.
On the otherhand, although it is not clear in the article and probably for good reason, I do have the impression the guy was active in the pedophile business with it's romanian connections. If this is the case some action is required. But I don't understand the extradition and why ireland could not take care of the problem by itself. Something is really fishy about this story anyway you take it.
This is a pretty big deal as lots of Tor hidden services were apparently hosted on Freedom Hosting, including TorMail.
[1] e.g. http://praguemonitor.com/2013/05/28/dahlgrens-extradition-%C...
But yeah, the article is hideously vague. The Reddit link implies that the guy knowingly allowed kiddie-porn purveyors to host with him even after being alerted. If that's true, fuck 'im, let him rot. I'd like to get some more solid sources, though.
Yeah. It works so well for drugs. They give out harsh punishments to the drug users to reduce the market for drugs.
This just raises the price and number of providers grows because with elevated price as a provider you can earn much more per unit and your risk and cost of providing unit haven't changed.
If they were actually serious about fighting child abuse they'd make distribution of child abuse photos legal, drive down the price of it to the bottom and use supple info to track the people who actually abuse children instead of the people who are just sick in the head in a way that makes them like looking at abused children.
The parent comment was stating that making a resource scare only makes it more valuable... my point was that the market for child porn is so small that using the scarcity argument is not a great comparison.
That's the problem. So long as there is a channel for distribution of images depicting child sexual exploitation, there will always be someone abusing even more children to produce more material for profit. Widening that channel is opening the figurative floodgates and possibly encouraging a 'dormant' pedophile to act on his/her urges when they normally wouldn't have.
Stopping the distribution of photos of children being raped -> less children being raped so that photos can be distributed for profit.
I'll even argue that legalizing distribution of such images will normalize the behavior in sick individuals. Remember the jailbait/gonewild reddit, and the hoards of neckbeards claiming that there is nothing wrong with looking at suggestive or actually explicitly illegal pictures of underage kids? That was a community in which that kind of disgusting behavior was normalized and encouraged. You could tell that most of them thought it was perfectly fine.
It's ludicrous to suggest that making the distribution of the pictures of children being raped legal is a serious attempt at fighting child abuse.
The 'legalize it' attitude works for the drug argument, where there really isn't a victim from one's choice to consume whatever substance they please.
There is and always will be victims when child pornography is being distributed or produced. Taking a laissez-faire approach just because ALL distribution channels can't be destroyed ignores the real and lasting repercussions the phenomenon has on children.
Edit: I'm still kind of shocked that you are advocating what amounts to a child abuse economy. It isn't the price that is the problem, it is that children are suffering BECAUSE sick individuals feel the need to look at pictures of exploited children.
Like how the violent computer games obviously encourage 'dormant' murderers? You could argue exactly opposite way. It could help potential abusers channel their urges.
> Stopping the distribution of photos of children being raped -> less children being raped so that photos can be distributed for profit.
That "->" sign in your statement for me comes with huge "?" inside. Profit from distribution comes mostly from copyright. And I would never dream to grant anyone a copyright on images of child abuse. My point is that suppression of distribution and possession is not necessarily best tool, not that we should destigmatize images of child abuse somehow and repackage it into commercially tradable commodity.
Higher availability of existing material might cause less demand for production of new material. Production would be as illegal as always or even more so and more dangerous as there is wider number of people trying to track those bastards down.
Many people expect rise in the demand when such sick material becomes widely available and that this rise in the demand will increase the number of children being abused. That, I think comes from belief which I don't share that lots of people (given opportunity) are potential pedophiles.
When internet became popular, availability of images of human corpses massacred in different ways massively increased. Some people already liked looking at such pictures, others discovered that they like them, some liked to look at a few of them but fed up or seen something so horrible that they reached their limit and found them disgusting altogether.
And yet we didn't notice any sudden spike of people maiming others in order to create such pictures.
> I'll even argue that legalizing distribution of such images will normalize the behavior in sick individuals.
Yes. Probably. Some of them might live less disturbed lives. Some might even seek help. The only harm I could imagine that could come from watching pictures of abused child (if you personally can bear it) is that some people will strive to produce new such for fame in the community (no copyright so I believe financial motivation will drop not raise). But such sick fame could only be attached to a nick not the real person. And such fame would be very dangerous. I could compare such fame to fame of the crackers. But some of them do get caught even though at least 60% of internet user love them, or at least love the job they do. I think this would never be the case with child abusers. I think even some people who can look at such images and even find pleasure in looking at them would gladly out someone who hurts children to the police.
I'm sorry for disturbing your peace with my thoughts but I don't advocate encouraging any kind of child abuse economy. There's some economy in all human activity. Even in abusing children. This economy is already actively influenced by people who want to reduce how much of it is going on (and that amounts to pretty much almost everybody). I'm just not sure if common sense attempts to influence this economy are best for the goal in mind. People tend to make mistakes when they act intuitively instead of scientifically and there is very little data when it comes to such grave social issues.
As for why children are suffering child abuse... In my opinion is that it mostly because there are sick people who like abusing children. And also in my opinion that's a very small subset of people who like to watch images of child abuse. I think that producing images of child abuse is sort of a sideshow to actual child abuse. There are probably some people who exploit children strictly for profit but I suspect most of imagery is produced by pedophiles who would exploit children anyways but they also like taking pictures.
Free availability of legal pornography featuring adults on the internet (apparently over 10% of all web pages) hasn't exactly discouraged people from making porn for profit motives (it's a $5bn dollar industry, and growing).
Moreover, it seems to have encouraged an avalanche of people making and distributing porn for non-profit motives, often successfully preserving their anonymity whilst doing so. It's not merely conjecture that people make and distribute pornographic videos for "fame in the community", it's well-established fact.
I think those are the things that allow for porn production to be profitable. Also porn is something half of the population watches.
The title says he is a dealer. The subtitle says he is a facilitator. The text says he is a allegedly involved in distributing. Lastly, The warrant says he is a distributor and promoter.
Most of those are quotes, but it confuses the matter to the point of ridiculous. I know what a distributor is. I can guess dealer is a synonym to it. Everything else is just wage hint of "wrongness" with no solid legal ground.
Land of the free indeed.
https://news.ycombinator.com/item?id=6154246
I was actually under the impression prior to seeing this that the TOR website used "freedom hosting" and was compromised. Nice to see this unintentional clarification.
The US is going to do what the US is going to do. Whether or not he is guilty or innocent, the US will ensure that it is inconvenient for him to do anything until such time as it is impossible for him to do anything.
Something I've brought up a few times with my commentary previously and mentioned by some here is governments using tactics they prosecute others for: "There are even target packs for democratic countries in Europe and other U.S. allies. Maui (product names tend toward alluring warm-weather locales) is a package of 25 zero-day exploits that runs clients $2.5 million a year."
Sometimes using the very tools made by those hunted, prosecuted, renditioned: "The Cayman botnet-analytics package gets you access to a database of Internet addresses, organization names, and worm types for hundreds of millions of infected computers, and costs $1.5 million."
How long can citizens of nations involved in enabling and hiring these mercenaries keep faith in the law of the land, let alone those tasked to uphold it? How long can the tiered system of the monitored/hunted/renditioned and the legally immune last, with the legally immune being paid by the former?
Stop attempting to code around this human issue. Please.
[1] https://news.ycombinator.com/item?id=6154246