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freeworld    [30224.   Posted 23-Jul-2014 Wed 16:59]
Criminal justice and courts bill

This Xmas tree bill is currently getting the attention of the Lords and a number of amendments have been moved in the past few days. The amendments to the "rape porn" clause 28 would broaden the DPA still further and if enacted would seem to criminalize just about every BDSM image which includes a real looking individual. They would move the offence way beyond the limited kind of real(highly unlikely) or (overwhelmingly) staged rape images covered by the current bill`s wording. Another brand new clause, 42B, is megalomaniac stuff about "licensing" foreign beamed in hard porn ( presumably leading to attempts to extradite foreign citizens who breach such a UK law?).

The movers of these amendments are -
Baroness Thornton (Labour. LSE Fabianite)
Lord Beecham - formerly Jeremy Beecham of Newcastle city council ( a Labour Justice shadow).
Baroness Howe of Idlicote (Mrs Geoffrey. Crossbench) - renowned censorship enthusiast (42B only)

Clause 28 amendments and new 42B (42A in the Hansard extracts)-

The debate on the clauses -

Thornton and Beecham seek to remove the "disgusting/obscene" etc part of the DPA. It may be remembered that this clause was more or less forced on Straw and co at Justice by a fairly rebellious house of Lords during the passage of the original DPA - rightly being seen as something which made the DPA closer to the the existing OPA and also limiting the scope of the material which would be potentially caught by the new offence. Thornton`s words about "cultural harm" (that is some nebulous subjective concept of the sort which figures so importantly in the sloganizing propaganda of the obsessive agitators - a quite different thing to careful, well researched real world solid evidence of harm, which should be the basis of all legislation in a rational democracy) illustrates the nasty totalitarian concepts being commonly utilized by (unfortunately) influential and powerful allies of totalitarianism - being used bit by bit to create criminal laws.

For the moment Lord Faulks (Conservative. Justice) for the govt politely bins the amendments, which are withdrawn by their sponsors.

On clause 28 he says -

"Amendment 36B would replace the Government’s amendments to the extreme pornography offence, including the relevant defence, with a broad provision that would criminalise the portrayal of any sexual activity that involves real or apparent lack of consent or any form of physical restraint which prevents participants indicating a withdrawal of consent. This is very broad. It could have the effect of bringing into the terms of this targeted offence the possession of pornographic images that depict any form of non-consensual sexual activity. (Yup!- F W)
In the light of the balance that this Government have sought to strike with this offence, we believe that such an extension to the offence would be going too far. It would, I believe, widen inappropriately its scope and could make too wide a range of sexual activity subject to serious criminal sanction."

Thornton seems to regard not criminalizing all material she and her cronies regard as causes of "cultural harm" as "loopholes", rather than representing limits and balances to counter totalitarian statism.

Lord Faulks appears to incorrectly infer that the "obscene/disgusting" stuff in the DPA was put in deliberately by its (implicitly wise) drafters, rather than having being forced on Straws MOJ by an unquiet Lords to limit the scope of the offence.
He makes clear, once again something those who follow these sort of things know anyway - that in creating the new law, as with so much law these days, the ones primarily listened to have been the noisy agitators, who have got themselves recognized, quite falsely, as invariably being of sound opinion and representative of public sentiment. Evidence of harm is not the overriding concern when it comes to such legislation, but the subjective views of those who shout loudest and most persistently. So, any studies which show real world sexual violence against people reduces with the easy availability of porn, get ignored, and the strident ban obsessed screamers - who may actually be harm mongers, endangering more real people by censorship and criminal laws - are pandered to, treated as fonts of wisdom by Westmonster legislators .

On new amendment 42B (42A in Hansard)-

Lord Faulks points to the ISP filter system as the government`s way of addressing access to adult material, including that coming from outside UK jurisdiction. Thornton asserts it`s not working. Has she told Ms Perry yet? Apparently Thornton has "clear evidence" of the harm being done to children by this material. Has she really? So, Thornton and her pals want to supplant/supplement one unworkable failed system with another.

Discussion of 42B and comments in the link to annaraccoon`s blog. The writers mainly seem to assume it will be in the final bill - but I doubt it. Thornton having withdrawn it.

Beecham`s part in all this is of some significant concern. Being part of Labour`s justice team it could be here we are seeing the kind of broad brush criminalization using the DPA which would come out of a future Labour government - the possibility of which is not very distant.

Here, once again we have an example of what is supposed to be rational legislating, evidence based creation of laws, courtesy of our parliament of fools. Ever crusading to protect us from ourselves, to restrict and even make criminal the consensual activities of adults - invariably utilizing the tried and tested hysteria inducer, the alleged negative impact on "children", the banstibators prime instruments of specious moral blackmail. They will no doubt one day conclude the only solution to " major ills" (many based in fantasy and their subjective prejudices) is to introduce a total ban on the internet, all books, magazines, newspapers, broadcasting, "pictures" of any sort - as these might "harm children"( maybe make them smoke/drink/abuse substances/get fat/assault their future partner etc - the totalitarian crusades are not just about adult porn images).

"Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies."

- Groucho Marx

Melon Farmers (Dave)    [30223.   Posted 23-Jul-2014 Wed 14:34]

Not even the Spanish Inquisition can use the f-word before 9pm!

phantom    [30222.   Posted 23-Jul-2014 Wed 13:28]
They censored Monty Python???????????????????????????????????

Harvey    [30221.   Posted 23-Jul-2014 Wed 08:29]
phantom [30218]

The public announcement regarding Operation Notarise (660 paedos arrested) did have an interesting timing, though I wouldn`t read too much into that.

I would advise reading the NCA`s press release rather than the interpretaions of it which a lot of the press have made. Some points to make.

The announcement that 400+ children have been "safeguarded" almost certainly means that the the suspects with children living at home have been required to live away from their own homes while on bail. The insinuation is that the children involved have been taken into care as a result of suspected abuse. It was the same when Ore burst on the scene. Similar claims of links between consumers of images and abuse of children, but no actual evidence.

The operation was almost certainly a centrally co-ordinated monitoring of target files on peer to peer networks. Nothing terribly hi-tech about it. Just quite a reseouce heavy process as software would be required to hoover up accesses to files of interest and the mass of IP addrersses traced to narrow down the UK ISPs and through them trace individuals. the result will have been a list of names which will have beed disseminated to each local police force to go and investigate the couple of dozen names on their patch. From there, pretty simmilar to the Ore routine, the early morning raid, search, siezure of computers an interview and then a long, long wait on bail while computers are analysed.

My guess is that "the list" will turn up a sizeable number of suspects who are found to be in possession of incdecent images. It will also throw up many false positives, where no indencent images are found, because montoring peer to peer sites and tracing people through IP addresses is not an exact science.


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