The age of thought crimes
Getting outraged is one of my favorite pastimes. Fortunately it’s an inexpensive one. All I need is to read the news. For example, this week I saw this story on Slashdot about a man being sent to prison for having viewed child porn pictures on the web. The prosecution found the files in the web browser cache (the Temporary Internet Files folder on Windows) and was able to convince a jury that this constitutes “possession of child pornography”. He was sentenced to twenty years.
Now, where do I begin my outrage? First, I believe that going to prison is one of the worst things that can happen to a person. I am of the opinion that keeping the innocent out of jail is more important than punishing all the guilty. Apparently this is not the view of the legal system in many countries including the US. How else can “possession” of something be considered a crime? That concept always bothered me because it’s open to the worst possible abuses. You hate someone? Just hide drugs in their house and call the cops anonymously. The person won’t be able to cooperate (i.e. tell anything useful about where the drugs came from) so the prosecutor will be especially harsh. If you happen to live in Singapore, you are in luck. All you need is to have the police find your “friend” with 15 grams of heroin, which carries a mandatory death penalty.
Let’s escalate the outrage a bit more. The guy in the Slashdot story did not even have possession of the files. He simply browsed a site containing them, which is equivalent to watching TV. Unfortunately for him, web browsers implement a feature to speed up navigation. The first time a person visits a page, the text and images are stored on the hard drive for a while. The idea is that, if the person visits the site again and there have been no updates, there is no reason to reload the content from the internet. Because of this technical detail, the prosecution could argue that the files were stored on the guy’s computer even though, in all likelihood, he was unaware of this.
My impression of this case is that the defense lawyer must have been nowhere near the top of mount Cleverest. Anyone competent would have been able to compare this to what happens with people who own a TiVo, or set up a quick entrapment experiment. I would have brought in a laptop and send the judge an email with a link to “an interesting story that questions Yout Honor’s reputation”. Upon clicking, a browser window would have shown a bunch of random images with text like “Bang! you got child porn on your computer now!”. I guess I have been watching too much Boston Legal, since it sounds something that James Spader’s character would come up with.
Continuing the outrage-fest, twenty years? What is left for those who produce child porn? Probably not much since they are likely to be outside of the US. What are the legislators thinking? Probably something like this: “I need more soccer mom votes. I’ll double the sentences. That looks good.” Well, here’s another interesting scenario: boy dumps girl. Girl is vengeful. She finds one of those trojan programs that install spyware and sends it to him. Only this program does not install spyware. Instead, it downloads large quantities of illegal content and then erases itself. Perhaps she doesn’t even know the law and thinks he will get a slap in the wrist. Boy, don’t make any plans for the next two decades.
I hope someone smart takes up this case and shows the stupidity of the situation. Otherwise, it’s another step into a globalized, Orwellian society.