• Captain Aggravated@sh.itjust.works
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    2 months ago

    I have an “umm what about” regarding “of all ages.”

    Say a 15 year old girl decides to walk topless down main street. Is everyone on that street who has a security camera running going to be convicted of making child porn?

    I don’t trust the legislature to have been competent enough to edit the rest of the code to reflect that change nor do I trust the thin blue line punisher sticker crowd to pass up something they can portray as a crime.

      • Captain Aggravated@sh.itjust.works
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        2 months ago
        1. am I the one doing that? And 2. Is it the bulk of the problem?

        Me personally, I have no particular need for legislated prudishness. I don’t see much of a difference between the Taliban requiring women to wear a headscarf than whatever red state requiring women to wear a top. A lot of that nonsense is done to enforce a particular religion, and I personally want all religions to be thrown in the toilet with all the other worthless assgarbage.

        There was a point in time when things such as bikinis and miniskirts were seen as scandalously immodest. The people who saw them that way are mostly dead now and we can move on, which is what will ultimately happen here. Some women will start going topless to the beach, the newspapers will write some stories about it, there’ll be some arrests, there will be some court cases, there will be some laws passed, and then it’ll settle in as just a thing people do sometimes.

        The problem I have is that I think people with cameras are going to be punished for incidentally filming topless girls in ways they’re not for incidentally filming topless boys. Shall I illustrate with an example?

        Consider this video of a walking tour of Panama City Beach, Florida. . There are a lot of videos like this, tours of various places around the world, they’re filmed in public places, often from streets, sidewalks etc. There’s a lengthy segment where the cameraperson walks down the beach and records several boys and men without shirts on. The video is on Youtube, uncensored and monetized. No one anywhere has a problem with this because we categorically do not consider male barechestedness to be nudity.

        The argument here is women and girls should be allowed to be barechested anywhere men and boys are. Okay, so the instant we make that change, we also need to change the rules that say it’s not okay to see, photograph, record or broadcast barechested women and girls. It needs to be equally okay to upload pictures of barechested women and girls to Youtube without censor bars or blurs. Because then it becomes “when he does it it’s not nudity, when she does it, it’s not considered nudity but it is still in fact nudity.” You don’t get to require people in public to avert their gaze.

      • Phoenixz@lemmy.ca
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        2 months ago

        No (s)he’s not, this is VERY pragmatic. US police officers love pushing their authority up your rear end given the chance, and if you even accidentally recorded a topless minor, you could be in for.some fun.

    • Specal@lemmy.world
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      2 months ago

      To answer your question seriously, no. Having pictures or videos of a 15 year olds breast is not by default porn, it’s only porn once it’s in a sexual context.

      • Captain Aggravated@sh.itjust.works
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        2 months ago

        Does “in a sexual context” have a falsifiable definition? I mean, here’s an article from the American Bar Association journal about a man who was arrested and deported for “child sexual abuse” for having photos printed of himself kissing his infant daughter after a bath.

        The accuser was the photo lab tech. After the man was arrested and deported, his wife was arrested, their child was removed from them, then the investigation took the whole roll of film into consideration and found there was no child abuse, this was photographic evidence of loving parents caring for their child. “Sexual context” indeed.

        I envision a future where a business owner puts up security cameras around his shop, those security cameras send their video to “The Cloud,” an underage girl walks by topless in view of those video cameras, as is her legal right to do so, a closed-source unauditable CSAM detection algorithm running on “The Cloud” flags the video as CSAM, and the business owner gets arrested, his business and/or home destroyed or even killed before an investigation determines no wrongdoing. Because we put the time for reasonableness after the bodies have cooled. We check to see if it’s a false positive after the “arrest” has been made. THAT’s the ultimate problem I have here.