Fraggle Rocker
Staff member
My problem with pornography of any sort is that we live in an era when anything can be faked. Sure they talk about "digital signatures" and "background noise discontinuities," but that's on "La Femme Nikita." I'm not convinced that in real life it's possible to distinguish a good job of computer animation from live action photography. If it is today, it surely will not be within a year or two and nobody knows when the technology will be perfected because it will undoubtedly be a government agency that does it to use against humanity and then it will leak out like it always does, to the highest bidder or the best spy.
If I were on a jury I would never convict anyone of anything based upon an array of pixels.
So anyway I'm not convinced that people who look at child pornography are looking at actual live videos of children being molested.
That simplifies the ethical question to whether people who like to look at child pornography should be imprisoned. And that takes us to the slippery slope of whether people who like to observe XYZ are absolutely guaranteed to slide down the slope and eventually commit XYZ live.
We libertarians place far too much faith in free will to ever agree with any blanket statement like that. You get to bust people after they've done something. You never get to bust them because you're positive that they will eventually get around to doing it. You're setting yourself up as a god and assuming that your certainty is of a higher power than the other person's free will. And that is the first stirrings of majoritarianism -- democracy at its ugliest.
We have all kinds of inventive techniques for preventing people from doing very dangerous things that we believe they are going to do, without having to throw them in prison. Even unrepentant drunk drivers get hard-wired breathalyzers in their cars. And in terms of damage to society, unrepentant drunk drivers are right up their with child molesters, and way beyond the level of people who view child pornography but don't actually molest children.
So I don't give a damn what the law says. (We libertarians have no patience with laws that the government has no actual right to enact because they violate the constitution, anyway, so this is no stretch.) I will not call the cops to investigate behavior that I do not believe should be classified as criminal.
That doesn't mean I will ignore it. We are not weak, spineless robots who rely on the government to create a nice environment for us. We can keep an eye on the guy and we can tell everyone not to let him near their children. Some people don't keep good track of their childrens' activities and they are the ones we should be stomping on. Whether the children fall prey to a molester or start smoking ganja in the sixth grade or have uprotected sex in the eighth, parents need to do a far better job of parenting and all these kids wouldn't be walking around like victims waiting to be victimized in the first place.
It's OK for private citizens to discriminate against people they don't like, as long as it's not the rather small list of protected classes that we've spent a couple hundred years defining: ethnic minorities, religious minorities, women, gays, the handicapped, etc. We can discriminate against OJ Simpson because we all believe he's guilty and we can discriminate against people who like child pornography because we don't trust them. But what we can't do is transfer the ability to discriminate to the government because the government is the most inept executor of responsibilities ever created. They're always getting the wrong guy or letting the guilty guy go free because of a technicality, or outlawing the wrong things, or simply turning our society into a mobocracy because of a poorly thought-out prohibition.
We can't tell the cops to throw this guy in jail because we believe there's a hundred percent correlation between child pornography and child molestation. (In fact we don't even think that, it's well below a hundred percent in all clinical studies that weren't directed by the government.) But we can be the guardians of our own freedom and that of our children. It works better that way, it's a hell of a lot cheaper, and it doesn't create a government that starts getting too big for its britches like the one we've got.
So I pretty much agree with everything that was done here with one very important exception: I would not, under any circumstances, bring the government's inept and easily corrupted thugs into the picture.
If I were on a jury I would never convict anyone of anything based upon an array of pixels.
So anyway I'm not convinced that people who look at child pornography are looking at actual live videos of children being molested.
That simplifies the ethical question to whether people who like to look at child pornography should be imprisoned. And that takes us to the slippery slope of whether people who like to observe XYZ are absolutely guaranteed to slide down the slope and eventually commit XYZ live.
We libertarians place far too much faith in free will to ever agree with any blanket statement like that. You get to bust people after they've done something. You never get to bust them because you're positive that they will eventually get around to doing it. You're setting yourself up as a god and assuming that your certainty is of a higher power than the other person's free will. And that is the first stirrings of majoritarianism -- democracy at its ugliest.
We have all kinds of inventive techniques for preventing people from doing very dangerous things that we believe they are going to do, without having to throw them in prison. Even unrepentant drunk drivers get hard-wired breathalyzers in their cars. And in terms of damage to society, unrepentant drunk drivers are right up their with child molesters, and way beyond the level of people who view child pornography but don't actually molest children.
So I don't give a damn what the law says. (We libertarians have no patience with laws that the government has no actual right to enact because they violate the constitution, anyway, so this is no stretch.) I will not call the cops to investigate behavior that I do not believe should be classified as criminal.
That doesn't mean I will ignore it. We are not weak, spineless robots who rely on the government to create a nice environment for us. We can keep an eye on the guy and we can tell everyone not to let him near their children. Some people don't keep good track of their childrens' activities and they are the ones we should be stomping on. Whether the children fall prey to a molester or start smoking ganja in the sixth grade or have uprotected sex in the eighth, parents need to do a far better job of parenting and all these kids wouldn't be walking around like victims waiting to be victimized in the first place.
It's OK for private citizens to discriminate against people they don't like, as long as it's not the rather small list of protected classes that we've spent a couple hundred years defining: ethnic minorities, religious minorities, women, gays, the handicapped, etc. We can discriminate against OJ Simpson because we all believe he's guilty and we can discriminate against people who like child pornography because we don't trust them. But what we can't do is transfer the ability to discriminate to the government because the government is the most inept executor of responsibilities ever created. They're always getting the wrong guy or letting the guilty guy go free because of a technicality, or outlawing the wrong things, or simply turning our society into a mobocracy because of a poorly thought-out prohibition.
We can't tell the cops to throw this guy in jail because we believe there's a hundred percent correlation between child pornography and child molestation. (In fact we don't even think that, it's well below a hundred percent in all clinical studies that weren't directed by the government.) But we can be the guardians of our own freedom and that of our children. It works better that way, it's a hell of a lot cheaper, and it doesn't create a government that starts getting too big for its britches like the one we've got.
So I pretty much agree with everything that was done here with one very important exception: I would not, under any circumstances, bring the government's inept and easily corrupted thugs into the picture.