mailing list archives
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
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- ----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.
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. § 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
(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.
Live Long and Prosper
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