NODE 4a59898bAABBS Conviction relation to child porn?
ED KELLY <edkelly@INS.INFONET.NET>Mon, 5 Dec 94 21:12:59 PST
There is hoopla over the convictions of
those who ran the Amateur Action BBS. The actual
charges involve stuff that sounded like it was
intended to be distributed as child pornography.
The indictment described the offensive material
being destributed as follows in each count:
COUNT 1:
CONSPIRACY TO VIOLATE FEDERAL OBSCENITY LAWS BY
DISTRIBUTING OBSCENE MATERIALS (see following)
--------------------------
COUNT 2:
"AA-8589.GIF" described as "SHE SUCKS HER SON'S COCK!
FATHER IS FUCKING HIS DAUGHTER !"
--------------------------
COUNT 3:
"AA-8278.GIF" described as "FULL SCREEN VIEW!
A HAIRLESS PUSSY NAILED TO A TABLE!",
"AA-7153.GIF" described as "MOTHER IS WATCHING
HER DAUGHTER FUCK BIG COCK! NO TITS!",
"AA-8682.GIF" described as "HE MAKES HIS DAUGHTER
SUCK COCK! SHE IS FISTING HER SISTER!", and
"AA-11935.GIF" described as "HE FUCKS HIS DAUGHTERS
HAIRLESS CUNT!" SHE FISTS HER MOTHER!"
--------------------------
COUNT 4:
"AA-15198.GIF" described as "BLONDE LOLITA HAS NO TITS!
SUCKS HUGE COCK AND DRINKS SPERM!"
-------------------------
COUNT 5:
"AA-13216.GIF" described as "PUSSY PENETRATION!
HORNY BRUNETTE GETS FUCKED BY A HORSE!"
-------------------------
COUNT 6:
"AA-13517.GIF" described as "HORNY BLONDE JACKS OFF
HORSE! HORSE CUM ON HER HANDS!"',
"'AA-13521.GIF" described as "CLOSE-UP! BIG HORSE
COCK IN HER CUNT! HORSE CUM ON HER LEG", and
"AA-16587.GIF" described as "'SHE SUCKS THICK DOG
COCK! DOG SPERM ON HER LIPS AND CHIN."
--------------------------
COUNT 7:
"AA-17623.GIF" described as "YOUNG ASIAN HAS A
THICK CLIT! DRINKS PISS FROM AN UNCUT COCK!"
--------------------------
COUNT 8:
. . . used an express company and common
carrier, United Parcel Service (UPS), for carriage
in interstate commerce from California to Tennessee
an obscene video cassette tape
--------------------------
COUNT 9:
. . . used an express company and common
carrier, United Parcel Service (UPS), for carriage
in interstate commerce from California to Tennessee
obscene video cassette tapes
--------------------------
COUNT 10:
. . . used an express company and common
carrier, United Parcel Service (UPS), for carriage
in interstate commerce from California to Tennessee
obscene video cassette tapes
--------------------------
COUNT 11:
. . . shipped in interstate commerce by means of the
United States Mail, visual depictions, the production
of which involved the use of a minor engaging in sexually
explicit conduct, . . . involving (three (3) magazines,
bearing titles of "Little Girls Fuck Too!", "Lolita Colour
Special 6" and "Lolita Color Special 18"
--------------------------
COUNT 12:
FORFEITURE ALLEGATIONS involving any instrumentalities of
committing crimes.
The Grand Jury voted to charge the defendants
with all of the above crimes. The trial jury, did
not convict the defendant of the one count charging child
pornography -- perhaps because it was never proved that
the defendants opened it (see Count 11).
Although the convictions of the defendants
in the Amateur Action BBS case were not technically
for violation of federal child pornography laws, if the
defendant's own descriptions of their wares is correct,
I think the jury might have convicted them because of
the apparant inclusion of children in their materials.
People do not need to feel bad about convictions of
those who peddle depictions showing children in sex acts.
Reasonable people may disagree about important issues.
But, I do not feel protected speech or electronic
communication was endangered by the defendants' shipment
and sale of their described materials.
ED KELLY
NODE c55ef951Re: AABBS Conviction relation to child porn?
jamesd@netcom.com (James A. Donald)Tue, 6 Dec 94 06:52:11 PST
ED KELLY writes
> "AA-8278.GIF" described as "FULL SCREEN VIEW!
> A HAIRLESS PUSSY NAILED TO A TABLE!",
>
> "AA-7153.GIF" described as "MOTHER IS WATCHING
> HER DAUGHTER FUCK BIG COCK! NO TITS!",
>
> "AA-8682.GIF" described as "HE MAKES HIS DAUGHTER
> SUCK COCK! SHE IS FISTING HER SISTER!", and
>
> "AA-11935.GIF" described as "HE FUCKS HIS DAUGHTERS
> HAIRLESS CUNT!" SHE FISTS HER MOTHER!"
>
> --------------------------
>
> COUNT 4:
>
> "AA-15198.GIF" described as "BLONDE LOLITA HAS NO TITS!
> SUCKS HUGE COCK AND DRINKS SPERM!"
Sounds great. Are there any copies of the evidence
available on the net?
And please lay off the capital letters. It is rude
to shout.
--
---------------------------------------------------------------------
We have the right to defend ourselves and our
property, because of the kind of animals that we James A. Donald
are. True law derives from this right, not from
the arbitrary power of the omnipotent state. jamesd@netcom.comorg
NODE 1c6aa76aRe: AABBS Conviction relation to child porn?
mpd@netcom.com (Mike Duvos)Tue, 6 Dec 94 16:35:38 PST
ED KELLY <edkelly@INS.INFONET.NET> writes:
> There is hoopla over the convictions of those who ran the
> Amateur Action BBS. The actual charges involve stuff that
> sounded like it was intended to be distributed as child
> pornography. The indictment described the offensive material
> being destributed as follows in each count:
I think you have your wires crossed here. There was no claim
made that the models were underage in any of the erotica you
cite. The material was deemed to be obscene because it depicted
things such as incest, bestiality, foreign object insertion,
piercing, and other non-mainstream sexual themes. Everyone was
over 18 in all the pictures you mention, and the only material on
the BBS which depicted children was legal nudist material scanned
from reputable sources.
Since the original complaint from the "outraged citizen" which
prompted the investigation and subsequent entrapment was about
nudist GIFs, which were perfectly legal, one might argue that the
obscenity charges were just an indirect way to nail AA for daring
to have nude kid pix available on their BBS. Certainly there are
plenty of places in Tennesee where "specialty" erotica can be
purchased which are not being prosecuted with similar zeal.
--
Mike Duvos $ PGP 2.6 Public Key available $
mpd@netcom.com $ via Finger. $