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Originally Posted by ronaldo
While I agree with the rest of your post, I need to highlight this.
The example I gave was a mother taking a picture of her child playing in the bathtub and being charged with CP when the person developing the pictures called police. They were not for distribution. They were for her child's photo album.
There is QUITE a difference between THAT and CP. If THAT can be classed as CP, then I'm sorry, that's not an easy test at all. Even if it IS easy to define simply because they're under 18, that doesn't make it right.
I'm sure I've got a couple of pictures of my children in the bathtub too. Are you saying that my wife and I should be charged with possession of CP, or did you run through and simplify that part, then move on to the obscenity issue because that was the issue at hand? That's fine, but I'd like some clarification on that.
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Anyone warped enough to claim the common baby-in-the-bathtub images are CP, need a few sessions with a shrink. They are sick.
But... hate to say it, there is another side to this and one which does not need to be overlooked. Law enforcement come across some very strange conduct by parents - and sadly this is not uncommon and can be a issue where a law officer with some experience of this field may matter. Forget CP - thats often an offense after the horse has bolted - the real issue is child abuse.
Despite that, can give a good example which happened recently. A friend in law enforcement who happens to be very familiar with situations in the last para wanted to show me pics of her niece (6 months old). Fine - just upload them to a server and I'll pull them down. But - nope
And so all the reasons why not emerged - basically along the lines of "even normal pics of children" are a source for weirdos and she never wanted to be the person responsible for having her niece plastered all over the net. This judgement was made thru experience of dealing with the worst of net conduct - sadly that is a reality tho most of us will never know of.
It's very weird that personal websites with images of families can now be thrown into the pot for misuse by others.