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Comment on PSA: This Futurama episode will be banned in the UK starting today

The way I read it is that possession of the material is illegal, not sharing or recording. Possession. In Denmark possession of CSAM was made illegal and it lead to police being forced to prosecute people who accidentally uncovered CSAM and wanted to report it. I haven’t heard of specific cases, but if you want to report existence of CSAM on a CD that is in your hands which you found in the attic of a home you just moved into the police will tell you to destroy it immediately and forget about it because the law can’t distinguish between the owner of the CSAM and the current temporary person that possesses it and reports it. The UK law sounds like it will create the same issue (not that I am arguing that consensual BDSM = CSAM. Far from it. I just fear the consequences could be transferrable to this law and outlawing bits and bytes is always a problem).

I btw couldn’t find face sitting on the list of outlawed kinks, so those who are into that are safe for now.

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ohulancutash@feddit.uk ⁨1⁩ ⁨hour⁩ ago
Its both. Posession of the material is a 2 year sentence, Production of the material is 3 years. 5 years for breaking the apparant age barrier.

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Snowclone@lemmy.world ⁨1⁩ ⁨day⁩ ago
there’s websites that are deleting face sitting as it’s unclear if it can be legally viewed as suffocation, so it’s a classic morality law that uses vague language to get broad self censorship happening.

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- VonReposti@feddit.dk ⁨1⁩ ⁨day⁩ ago
  The vagueness is absolutely a problem and in morality laws might even be an intended side effect.
  
  This source though interprets it differently saying that having a hand at the throat without actual choking isn’t covered but do note the keyword seems to be is splattered all over the page. (PS. The page is SFW but I don’t know about the rest of the site).
  
  No matter what this is an inch away from being a straight up though police law.
  
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  - Snowclone@lemmy.world ⁨1⁩ ⁨day⁩ ago
    it’s not intended as a side effect, it’s a very well known tactic in law writing that goes back to some of the earliest laws humans ever made, the point of vauge language in law is to have wider appeal, and to claim arbitrary power by the law giver.
    
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imadethis@fedinsfw.app ⁨1⁩ ⁨day⁩ ago

In Denmark possession of CSAM was made illegal and it lead to police being forced to prosecute people who accidentally uncovered CSAM and wanted to report it. I haven’t heard of specific cases, but if you want to report existence of CSAM on a CD that is in your hands which you found in the attic of a home you just moved into the police will tell you to destroy it immediately and forget about it because the law can’t distinguish between the owner of the CSAM and the current temporary person that possesses it and reports it.

The fuuuuuck? Even in america, the stars would have to align for that to happen. The cop would have to dislike you, the prosecutor would have to dislike you (or be gunning for a higher political position and you’re an easy mark for being tough on child criminals), the jury would have to hate you (or be really dumb and not believe you took the material to the cops in the first place), AND you would have to be dumb enough to not realize how hated you are in your local area and still give them the rope to hang you with.

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- SmoothOperator@lemmy.world ⁨1⁩ ⁨day⁩ ago
  It’s nonsense.
  
  See for example the Danish “Operation Umbrella” where more than 1000 cases of possession of CSAM were prosecuted because a video of two fifteen year olds had been shared around on FB messenger.
  
  Those who had received and opened it did not get punished. Those who had passed it on or requested it did.
  
  Perfectly sensible.
  
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flandish@lemmy.world ⁨17⁩ ⁨hours⁩ ago
what’s odd is that creation or sharing is only possible with possession. seems like that’s why the used that word/concept on its own?

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SmoothOperator@lemmy.world ⁨1⁩ ⁨day⁩ ago
Do you have any documentation for these claims about Danish law? They don’t match e.g. the rulings in the big Umbrella case from some years ago.

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- VonReposti@feddit.dk ⁨1⁩ ⁨day⁩ ago
  No it’s anecdotal. Someone told me they discovered CSAM on second hand hardware and that was what they were told when they reported it. Umbrella just shows the incompetence of the police, this case shows the incompetence of the law. Doesn’t matter if anyone got jailed because of it, the fear is enough to not report CSAM.
  
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