nodubmanshouts wrote:I may be reading this wrong - I hire lawyers so I don't have to speak legal - but isn't stufarq's quote saying virtual comic child pornography is NOT illegal?
It has bounced back and forth, due to differing interpretations of law in different jurisdictions. Depends on how far something gets appealed as to the eventual outcome.
A semi-relevant tangent: I just read a BBC headline to the effect that the defendant in the MySpace case was "cleared of cyberbullying" when that wasn't the actual charge, since there were no laws of that sort in effect at the time. I'm sure the jury would like to have locked that cow up for the rest of eternity, but they had to answer to the charges as stated, which had to do with
access of a computer.
Accessing a protected computer is a felony. Unfortunately, just about any computer is now classed as protected, due to the ancient definition of the term, using a computer to access PayPal or Email makes it protected. Would they prosecute or not? I don't know.
In such a case, they would have to prove intent to defraud, identity theft, or some such action unrelated to the actual issue at hand. The police certainly wouldn't bother with it otherwise. Dancingtheghost would, at most, be open to a civil libel or harassment suit, although, under the circumstances, it would be ill-advised on the part of the roomie (we all know how well that worked for Oscar Wilde). As long as she had permission to use the computer, and did not access, or attempt to access, password-protected accounts; as long as his bookmarks were visible in a browser she could access without hacking it, he wouldn't really have a leg to stand on. The more likely problem would be that, as she has no other evidence of possible criminal behaviour, no solid grounds exist for seizure of the computer, so anything she has seen couldn't be used as justification for arrest, or even to obtain a warrant.
I don't know exactly what the labour laws are in her area, but in most of the US, when a former employer is contacted by a potential new one, the most the former can do is to confirm or deny that someone was employed by them. Again, it's a question of opening themselves up to lawsuits if anything is said that could be interpreted as defamatory. This is why I didn't suggest informing the employer right off the bat - if they attempt to discipline or terminate him, he can just go elsewhere, and/or can retaliate against them (
and Dancing, if he figures out she's in any way responsible), so there's not much can be
actively done at present. However, professionals who have dealt with this sort of thing before should be able to coach her in ways of following up on her suspicions, if only by way of observation, so that any further escalation in his activities would be noted.
The other strategy would involve whether or not she knows some really talented hackers...
I didn't dare open any of the links, but from the titles I could see what they dealt with. I know looking at kiddie porn is a felony in most places in the US and probably in alot of other parts of the world. However, what happens when the content is anime or cartoon/comic style? Is this still illegal? Judging from the links he had, probably half the sites were like this. I want to report him because I think it's disgusting & he has a job that puts him in contact with children. Is my thinking wrong on this or is what he's looking at legal (the anime/cartoon/comic stuff). I know the regular stuff is definitely taboo. Opinions? Thoughts? Advice?
I will look into what you suggested, 7anthea7. (hope I got that right, apologies if I didn't).
Knowledge isn't always a good thing.
