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stories filed under: "obscenity"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
alex kozinski, obscenity



Judge Kozinski Cleared Of Trumped Up Charges

from the good-news dept

You may remember last year that there was a bunch of attention paid to Judge Alex Kozinski of the 9th Circuit appeals court supposedly having "pornographic" or "obscene" images and videos posted to his own web server just as he was deciding a big obscenity trial. While it made for great headlines, as the details became clear, the whole thing became an obvious witch hunt that was falsely portrayed in the press. First, the content in question was often described as pornographic or obscene (with some including claims of "defecation" or "bestiality") but that wasn't quite accurate. One of the videos was apparently a video of a guy trying to go to the bathroom in the wilderness when a horse or some other animal discovered him (I haven't seen it, but read the description) -- which seems like the sort of funny "home videos" you see all the time. Hardly "obscene" in the classical sense. Furthermore, the judge had not really shared this content (most of which was widely available all over the internet) but had merely stored it on his home server, which happened to have been configured incorrectly such that someone found a way in. The person who found it was someone who had a great dislike of Kozinski and had been shopping this "story" for quite some time, and the LA Times sat on it until this obscenity case came along.

So given all that, it's good to hear that the "investigation" into the matter has now ended with Kozinski basically getting a slap on the wrist saying Kozinski made mistake, apologized for it, and won't let it happen again, but it certainly has no bearing on his ability to judge various cases, even ones involving obscenity. The whole thing was basically a show trial brought on by someone who clearly had it out for Kozinski, so it's good to hear that it's over.

6 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
obscenity, pornography, uk



UK Citizens Worked Up About Broad And Vague Obscenity Law

from the outlawing-comic-books dept

I have to admit that I've never quite understood the point of any sort of obscenity laws. Perhaps it's just my inner-libertarian, but why should the government be outlawing what people look at -- especially when it comes to such a subjective standard as "obscenity." Over in the UK, many people are up in arms over a new pornography law that is so broad and so vague that it could outlaw certain Batman comics, among other things. Defenders of the law will say that this is a ridiculous claim and that the law was intended for no such thing, and, in fact, police have said they don't plan to actively enforce the law.

Of course, that should be a sign of why the law is so problematic. Basically, officials are admitting that they're only going to use it in cases where either they can't find something else on someone, or they just want to pile on. It's not a law for any good reason... it's giving prosecutors an extra tool to take someone down. In the end, it looks like this was just another grandstanding law -- allowing some politicians to announce that they were able to help "protect the children" -- with little thought given to the actual details. That's why it includes a carve-out for movies. So, in theory, you could watch a movie with graphic pornography in it -- but then writing a description to someone else about it would be illegal.

7 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
fcc, indecency, janet jackson, obscenity, wardrobe malfunction



Wardrobe Malfunction, Obscenity Or Censorship Malfunction?

from the fcc-appeals dept

Earlier this year, a court tossed out the FCC's fine on CBS for Janet Jackson's infamous Superbowl half time show "wardrobe malfunction." As the court noted, the FCC's reasoning for the fine showed an arbitrary decision that did not fit with any existing guidelines. However, it appears the FCC disagrees and is now appealing the ruling to the Supreme Court, saying that it was the court, not the FCC, that misapplied indecency rules. Of course, we're still wondering why this matters nearly five years after the incident.

35 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
community standards, fan fiction, obscenity, uk



Fan Fiction Author Charged With Obscenity In The UK

from the seems-a-bit-extreme dept

Apparently, it's not just the US that has decided to jump back into the murky waters of charging people with obscenity charges for stuff they put online. Over in the UK, a guy is facing an obscenity charge for a bit of fiction that he wrote. There are communities of folks online who often write fiction involving "famous" characters, whether from TV or movies or, in some cases, from real life. The whole concept, frankly, strikes me as a little bit odd, but for those who want to do it, I don't see why they shouldn't be allowed to do so. In this case, the guy wrote some apparently graphic fiction about a band in the UK and is now being charged with publishing obscene materials. If he loses, I would imagine that there are large groups of folks who post this sort of (yes, ridiculously distasteful) stuff online, who could be facing similar charges. I have enough difficulty understanding obscenity laws that go after people in online communities where the content is, in no way, pushed on others -- but it seems even more bizarre to include obscenity charges for fictional writing.

17 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
community standards, internet, jurisdiction, obscenity



What Are 'Community Standards' When It Comes To Obscenity Online?

from the time-to-fix-the-definition dept

With a guy found guilty of distributing hardcore pornography online sentenced to 46 months in prison, plenty of people are beginning to question obscenity laws and how they apply to the internet. As you probably know, the standard for "obscenity" is a bit subjective -- as it's supposed to be based on local "community standards." That may have made sense when a local community was clearly definable, but it becomes a lot trickier when communities are a lot more complex. Not only does the internet challenge traditional concepts concerning legal jurisdiction, but it also changes how you define a "community." Choosing a local community based on geography makes very little sense when it comes to an online obscenity case, as there's probably not much of a chance that folks in that community were actually impacted by the content. Yet, in this case, prosecutors did some jurisdiction shopping, and found a conservative local community in which to file the case. That could lead to some very dangerous precedents, where "community standards" are based on the lowest common denominator, rather than the actual community involved.

What makes this tricky, also, is the fact that obscenity laws, like copyright laws are actually designed for a "broadcast media" world, where the worry is how a "publisher" produces some kind of content and pushes it out to a mass audience. Yet, the internet isn't designed as a broadcast media, but a communications one -- and suddenly the line gets a lot more blurry. Can you be thrown in jail for sending an obscene joke to a friend? Most people would think that's silly. But when the "audience" gets bigger, then the questions start to creep in, and the law is not equipped to handle it. If this content is only seen by those who seek it out, then is it really doing any actual "damage" to innocent people who are worried about being corrupted by obscenity? Either way, it looks like we may once again need to struggle with adapting laws to the very different nature of the internet.

27 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
fcc, indecency, janet jackson, obscenity, superbowl, wardrobe malfunction



The FCC's Obscenity Malfunction

from the arbitrariness-is-no-way-to-govern dept

The FCC has a pretty spotty record when it comes to dealing with indecency charges. Basically, it seems to randomly fine stations if it receives enough complaints, even if most of those complaints come from auto-generated scripts from people who didn't actually see the content at all. Of course, perhaps the most highly publicized case where the FCC got involved over what it found to be indecent content was the infamous Janet Jackson Super Bowl wardrobe malfunction. However a court has now ruled that, rather than a wardrobe malfunction, the real malfunction was by the FCC, which had changed its obscenity standards arbitrarily and with no explanation whatsoever in doling out fines over the incident. The court points out that the FCC is allowed to change its standards, but with an explanation and not so arbitrarily. In this case, though, it seemed clear that the response was politically motivated -- and the court has tossed out the fines.

8 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
community standards, google trends, obscenity

Companies:
google



Using Google Trends To Determine 'Community Standards' Of Obscenity

from the knew-that-data-would-come-in-handy-sometime dept

While there are plenty of reasons to have trouble with "obscenity" laws, one of the biggest is the ridiculously vague "contemporary community standards" test established by the Supreme Court. How does one show what the community standards are when it concerns activities done in the privacy of one's own home? Well, apparently, at least one defense attorney in an obscenity case has decided that Google Trends is the answer. He's planning to show that more people in the local community are using Google to search for the word "orgy" than for "apple pie" or "watermelon." That's pretty amusing, but probably not very convincing. How often are people really going to search for "apple pie?" Still, it does seem to suggest how silly the whole process is of determining what contemporary community standards should be.

9 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
alex kozinski, judges, obscenity



Federal Judge On Obscenity Case Posted Porn Images On His Web Server

from the is-that-good-or-bad? dept

A lot of attention is suddenly getting turned on judge Alex Kozinski, the 9th Circuit chief judge, who (while in the middle of a trial about obscenity) was discovered to have posted pornographic images to his web server in a way in which they were accessible to the public. He didn't post them to a specific page or anything. It's just that he put them in an unprotected directory, and if you knew where to look, you could find them. Basically, it looks like he was just using the directory for personal storage, not realizing that it was publicly accessible, though, at one point he appears to claim he uploaded the images by accident. Some of the images were... extreme. Judge Kozinski described them as "funny" and "I think it's odd and interesting. It's part of life."

Some are saying that he should recuse himself from the obscenity trial, noting that he's no longer objective. However, considering that obscenity is supposed to be based on local standards, that doesn't seem right. If even the judge finds those types of images "funny" or "interesting" and "a part of life," then perhaps that's making it pretty clear that they're not obscene. Saying he needs to recuse himself seems to be presupposing that the images are obscene, which doesn't seem quite right. Rather than being used as a way to tar the judge, doesn't this just raise questions about obscenity laws in the first place?

27 Comments | Leave a Comment..

 
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