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  1. #1
    SitePoint Zealot Lawyer101's Avatar
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    Last edited by Lawyer101; Oct 11, 2005 at 20:29.

  2. #2
    fad (n): a craze; interest... Fahd's Avatar
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    Well I think it has more to do with the fact that the pictures are those from the war and not exactly very civilized pics. I dont think it has anything to do with obscenity, but I'm sure the military is worried about the pics and comments.

  3. #3
    Non-Member Commander Cobra's Avatar
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    Neither of those articles mention any charges. COPPA violation?

  4. #4
    SitePoint Zealot Lawyer101's Avatar
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    Sorry.

    "Chris Wilson, purveyor of amateur porn and mutilated Iraqi civilians, was still in jail Tuesday, four days after being arrested on 300 misdemeanor charges and one felony obscenity charge."

    http://www.xbiz.com/news_piece.php?id=10708

  5. #5
    Non-Member Commander Cobra's Avatar
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    It still doesn't state what the specific charges are. I've never heard of images of consenting naked housewives and dead bodies being illegal. He's being prosecuted like he had kiddie porn, which I haven't heard he possessed. The prosecution sounds very politically motivated, and wrong.

    And FWIW I think the photos from Iraq and the soldiers captions of them are sick, but that is war...

  6. #6
    SitePoint Zealot Lawyer101's Avatar
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    Obscene speech is not protected under the 1st Amendment.

    Elements of Obscenity:

    1. Appeals to the purient interest in sex, using a community standard;
    2. Is patently offensive and an affront to contemporary community standards; and
    3. Lacks serious value (literary, artistic, political, or scientific), using a national reasonable person standard.

    I found a pic on that website where a lady's leg was blown by a bomb. Her private parts were showing in the pic. The title of the thread read something like "Nice [woman's private part], but "F"ed foot."

    I think pictures like these meet the obscenity elements!!!

  7. #7
    Non-Member Commander Cobra's Avatar
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    That's pretty subjective though. Think of all the obscene and offensive things that are legal - Faces of Death, Bum Fights, Reservoir Dogs, etc. These are just photos of dead people (like on rotten, ogrish, etc. - sites who *haven't* been prosecuted AFAIK) who are apparently casualties of war (as opposed to crimes like murder, i.e. snuff films), accompanied with incredibly callous remarks (which weren't made by the webmaster).

    I think the webmaster is being unfairly arrested and prosecuted. Not that I think much of the content he traffics in. I wonder if the fact that he hosts his site in Amsterdam will make any difference.

  8. #8
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    Quote Originally Posted by Lawyer101
    Obscene speech is not protected under the 1st Amendment.

    Elements of Obscenity:

    1. Appeals to the purient interest in sex, using a community standard;
    2. Is patently offensive and an affront to contemporary community standards; and
    3. Lacks serious value (literary, artistic, political, or scientific), using a national reasonable person standard.

    I found a pic on that website where a lady's leg was blown by a bomb. Her private parts were showing in the pic. The title of the thread read something like "Nice [woman's private part], but "F"ed foot."

    I think pictures like these meet the obscenity elements!!!
    Yea that guy is sick.... I know we are all on the internet to make money... But there are lines that I want cross...and he crossed on of them.

  9. #9
    SitePoint Evangelist Kylecl's Avatar
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    bot ogrish and rotten are unaffected?

  10. #10
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    Why are all these sites like this hosted in other countries?

  11. #11
    SitePoint Guru scotlandforvisit's Avatar
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    Quote Originally Posted by DeveloperGuy2000
    Why are all these sites like this hosted in other countries?
    Probably becuase some countries are either far more liberal in their views or not quite so "complex" (you know its OK to go to war and blow people up for oil but not show pictures of it on TV, women -especially those called janet jackson not allowed to have breasts, but some parts of the country being the centre for global DVD porn,etc etc)
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  12. #12
    Non-Member Commander Cobra's Avatar
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    I didn't know you could get oil by blowing people up!

  13. #13
    Thinking! Lord Brar's Avatar
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    All I can say is that Chris was going Wayyyyyyyyyyyyyyyyyy over the line with NTFU. I did suggest him some times to not do what he was doing.

  14. #14
    SitePoint Evangelist mdew_junkie's Avatar
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    IANAL, but I think it'll be interesting to see how the "community standard" element plays out from a legal standpoint.
    Sure the guy is in Florida, but his website was accessible anywhere because of being online.
    On top of that, his site was members only, so couldn't something be made of the forum community's standard of what is obscene?
    Just my $.02

  15. #15
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    I think this is posted in the wrong forum... lol

  16. #16
    Serial Publisher silver trophy aspen's Avatar
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    I might not agree with what you have to say, but I will fight to the death to defend your right to say it.

    Free speech is a slippery slope. This guy's site sounds like crap, but that doesn't mean it should be illegal.

    I especially believe it should be okay as no one is going to find it by accident, you have to go looking for it. It'd be one thing to jump out of the bushes and force people to look at your pictures, but he isn't doing that, he is displaying them passively.

    Though the real lesson here is that the guy should have used an overseas anonymous domain registration service.

    Also, remember, no political talk or the thread gets closed.
    Chris Beasley - I publish content and ecommerce sites.
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  17. #17
    Non-Member Commander Cobra's Avatar
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    Quote Originally Posted by aspen
    Though the real lesson here is that the guy should have used an overseas anonymous domain registration service.
    You really think that'd offer much protection against authorities?

  18. #18
    Serial Publisher silver trophy aspen's Avatar
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    Yes.

    It depends on what sorts of treaties the country has with the US of course.
    Chris Beasley - I publish content and ecommerce sites.
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  19. #19
    Non-Member Commander Cobra's Avatar
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    I think they'd be able to track down who was running the web site, despite being anonymously registered.


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