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RE: what to do it illegal activity found during pen-test
From: "Ebeling, Jr., Herman Frederick" <hfebelingjr () lycos com>
Date: Tue, 11 Jul 2006 22:11:35 -0400

Hash: SHA1

- ----Original Message----
From: Eliah Kagan [mailto:degeneracypressure () gmail com]
Sent: Tuesday, 11 July, 2006 17:08
To: pen-test () securityfocus com
Subject: Re: what to do it illegal activity found during pen-test

: On 7/11/06, Ebeling, Jr., Herman Frederick wrote:
: : Unless they've been changed (and I'll admit that they could have)
: : that the child pornography laws have been written to include
: : pictures of adults who have been "dressed down" or "made down" to
: : look as if they are children.
: If true, this would criminalize a significant fraction of all
: existing adult porn, porn which is readily, easily, and even
: accidentally available and does not appear to face any opposition
: whatsoever from legal authorities, at least in the United States.
: The purpose of child pornography laws is to criminalize a practice
: and an industry that is based fundamentally on real rape and sexual
: exploitation of children--material that is, for instance, merely
: sickening, is not criminalized. I understand that you are not
: a firm statement about the state of the law, and I do not wish to
: you on the spot, but could you cite evidence that the law is or was
: ever as you say?
: This is relevant to the present thread because a lot of
: adult porn is such that the subjects are still clearly not
: children--if this material is illegal, pen-testers (and computer
: professionals in general) should know that it is illegal.
: Though I lack the time to formally cite *my* statements, the
: introductory chapters of the book **Beyond Tolerance: Child
: Pornography on the Internet** by Philip Jenkins substantiates them
: and contains citations.
: -Eliah


        Sadly, at the moment I cannot recall where or when it was that I'd
heard it, but I am sure that it was on a news program.  However I did
a quick Google search
ited+states) and came up with the following:


        I think that the following applies:

3. Federal Statutes:

Title 18 of the United States Code governs child pornography. See
Chapter 110, Sexual Exploitation and Other Abuse of Children. 18
U.S.C. ยง 2256 defines "Child pornography" as:

"any visual depiction, including any photograph, film, video,
picture, or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means, of
sexually explicit conduct, where -
(A) the production of such visual depiction involves the use of a
minor engaging in sexually explicit conduct;
(B) such visual depiction is, or appears to be, of a minor engaging
in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to
appear that an identifiable minor is engaging in sexually explicit
conduct; or
(D) such visual depiction is advertised, promoted, presented,
described, or distributed in such a manner that conveys the
impression that the material is or contains a visual depiction of a
minor engaging in sexually explicit conduct . . ."

        Of which I think that the subsections would cover adults who are
dressed or made up to appear as children/minors.

        But in general I agree with you that it could have a chilling effect
on what is otherwise nomilly legal and protected porn.

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