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  #1  
Old 02-23-2013, 07:29 PM
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Default Charging minors in child pornography cases.


Hi. I'm Chris Hansen.

So I have a 3Ds. I and my daughter use it nearly all day every day. I keep it in my pocket at work so I can rack up playcoins by walking, and when I get home my daughter and I share it to play Mario Kart 7, Pokemon, Kid Icarus, Super Mario 3D Land, watch the newest Nintendo Video, browse the eshop and watch videos for new games, and even just to reply to Facebook posts. It has already been the best console (and yes it is a console) purchase I've ever made.

One of the apps we love the most is Colors! 3D. I know you hear a lot in the gaming news about how the 3D isn't important to the 3DS, but I, for one, disagree. It's the one of the few things the 3DS can do that the Vita and ipad can't, and I love it! We play all of our games with the 3D on. And that's why we love Colors! 3D. It's chock full of new, interesting, often never-before-seen, often well drawn, 3D paintings. I even love it when people take a common picture from googleimages, and 3D-ify it in clever ways.

But there's a problem with Colors 3D. And honestly it's a problem with all online, public art galleries. And really it's just a problem with the internet itself.



There are a lot of perverts out there. And these perverts have figured out simple, clever ways to use otherwise innocuous software to achieve their goals. Colors! 3D is meant for posting art. But many perverts have realized that it works as a chat room, as well as a way to post and ask for 3DS friend codes, so they can swap nude photos using the Swapnote application. And then, sometimes it also works for asking minors for their personal information, such as where they live, so they can "meet up" and "hang out".

I'm no artist, but I do enjoy drawing occasionally. Initially, I drew that first picture up there as a joke. "Chris Hansen, from 'To Catch a Predator' catches a bunch of pedos on Colors! 3D LOLOLOLOLOLOL". But before I was even done with it, I realized that maybe something more could be done about the problem of child predators on the Colors! 3D app. So as soon as I was done I shot a quick message to Colors! 3D on their facebook page. If you can read it on Facebook, you can find it here:

So what is Colors... | Facebook

I'm very glad to hear that the sooncoming update to Colors! 3D should help with this problem. It'll give the bulk of their userbase (those of us who use the 3DS version) a report button, and there will be some backend stuff that will reduce the number of fake accounts and allow them to ban people more easily. All of that is good news.

But it kind of concerned me that Colors, themselves would say:
Quote:
Originally Posted by Colors
That being said, every time we've done looked through our logs to see what users like that have been doing from their device in the gallery, there has always been pretty strong indications that it is posted by kids, rather than predators.
Another Colors user said:
Quote:
to me the paintings you mention generally look like they were done by 10 yr olds themselves..
...
I do think you are misinterpreting some of these as being from predators, while they are just from frustrated teens hitting puberty (like the gay/lesbo posts). In fact, I have used Colors very extensively, looking over literaly hundreds of galleries, and while I have seen MANY FC code posts, BF/GF posts, etc, they always clearly came from kids, looking at their other activities.
And that's where the point of this thread comes from:

Should the fact that a sexually explicit, nude photo of a minor comes from a minor and is sent to a minor, have any bearing on whether said photo is child pornography? Should it have any bearing on whether or not the minor sending the photo, or receiving the photo, should be prosecuted? Should it be illegal for a 17 year old boy to ask, and receive, and store, a nude photo of his 15 year old girlfriend? What about a 16 year old boy? What about a 12 year old boy? What about a 10 year old boy?

Anyone can feel free to correct me, but as far as I could find, State and Federal law seems to be pretty clear. If it's a picture of a minor, nude, in a sexually explicit manner, it is child pornography. If the person choosing to send the picture is a minor, they're still child pornographers. If the person receiving, and storing, and looking at the picture is a minor, they're still child pornographers. No nude photos of kids. None. Never. Under no circumstances. There have been multiple instances of minors successfully being prosecuted for creating and receiving child pornography.

Honestly, I've got to say I agree with them. Child pornography is unacceptable under any circumstances. No exceptions. Your kid sent a nude photo of themselves to their boyfriend? You probably need to have a serious talk with them. "Oh, they're just kids LOL" doesn't cut it. I don't buy the idea that the prevalence of teen sexting has made the idea that children sending nude pictures of themselves is normal, or harmless, and shouldn't be criminalized. "Kids are doing it so it's okay" doesn't work for shoplifting, drinking, or many other illegal activities that minors do.

And honestly, I'm very, very bothered that Colors! 3D would take the position that its in any way less of a problem because it involves two minors (which they cannot prove and have been verifiably wrong about on several occasions).

But that's just me. What are your thoughts? Should exceptions be made? Should our child pornography laws be updated? Is this just harmless "randy teens being randy teens"?
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  #2  
Old 02-23-2013, 10:11 PM
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Default Re: Charging minors in child pornography cases.

Wow...this is really concerning. D: People that send those should be banned from the program. Kids should not be around that kinda stuff.

I agree with the law. If someone who is older than...about 8 years old sends/receives deliberately, they should be charged. This is just non-sense! The phrase, "Kids these days..." really comes into meaning.

If a girl wants to talk with other regarding sexuality, there are internet chat rooms for that purpose. Colors is a kids program, and should be treated as such.
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  #3  
Old 02-23-2013, 10:19 PM
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Default Re: Charging minors in child pornography cases.

To be honest, this is a hard thing to get an opinion on because it is a touchy subject. In my eye's child pornography is child pornography. Whether it is sent to or from a minor it is still child pornography and is still illegal. Even if the person in the picture thinks they are only sending it to one person, the moment they press send, they are relinquishing all control of it. I have been on facebook long enough to know that. Honestly I think the person who took the photo, and each person who shared it should be charged.

Eg if someone is in the shower, and their friend sneaks in and takes a pic, then sends it to a person who puts it on facebook, and then four people share it, then I think the friend who took the picture, the person who put it on Facebook and the four people who shared it who should get charged, but not the person in the picture.

This is just my personal opinion. Child pornography is becoming too common on facebook, when it shouldn't be there at all.
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  #4  
Old 03-06-2013, 11:24 PM
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Default Re: Charging minors in child pornography cases.

Quote:
Originally Posted by mattj View Post

Hi. I'm Chris Hansen.

So I have a 3Ds. I and my daughter use it nearly all day every day. I keep it in my pocket at work so I can rack up playcoins by walking, and when I get home my daughter and I share it to play Mario Kart 7, Pokemon, Kid Icarus, Super Mario 3D Land, watch the newest Nintendo Video, browse the eshop and watch videos for new games, and even just to reply to Facebook posts. It has already been the best console (and yes it is a console) purchase I've ever made.

One of the apps we love the most is Colors! 3D. I know you hear a lot in the gaming news about how the 3D isn't important to the 3DS, but I, for one, disagree. It's the one of the few things the 3DS can do that the Vita and ipad can't, and I love it! We play all of our games with the 3D on. And that's why we love Colors! 3D. It's chock full of new, interesting, often never-before-seen, often well drawn, 3D paintings. I even love it when people take a common picture from googleimages, and 3D-ify it in clever ways.

But there's a problem with Colors 3D. And honestly it's a problem with all online, public art galleries. And really it's just a problem with the internet itself.



There are a lot of perverts out there. And these perverts have figured out simple, clever ways to use otherwise innocuous software to achieve their goals. Colors! 3D is meant for posting art. But many perverts have realized that it works as a chat room, as well as a way to post and ask for 3DS friend codes, so they can swap nude photos using the Swapnote application. And then, sometimes it also works for asking minors for their personal information, such as where they live, so they can "meet up" and "hang out".

I'm no artist, but I do enjoy drawing occasionally. Initially, I drew that first picture up there as a joke. "Chris Hansen, from 'To Catch a Predator' catches a bunch of pedos on Colors! 3D LOLOLOLOLOLOL". But before I was even done with it, I realized that maybe something more could be done about the problem of child predators on the Colors! 3D app. So as soon as I was done I shot a quick message to Colors! 3D on their facebook page. If you can read it on Facebook, you can find it here:

So what is Colors... | Facebook

I'm very glad to hear that the sooncoming update to Colors! 3D should help with this problem. It'll give the bulk of their userbase (those of us who use the 3DS version) a report button, and there will be some backend stuff that will reduce the number of fake accounts and allow them to ban people more easily. All of that is good news.

But it kind of concerned me that Colors, themselves would say:Another Colors user said:

And that's where the point of this thread comes from:

Should the fact that a sexually explicit, nude photo of a minor comes from a minor and is sent to a minor, have any bearing on whether said photo is child pornography? Should it have any bearing on whether or not the minor sending the photo, or receiving the photo, should be prosecuted? Should it be illegal for a 17 year old boy to ask, and receive, and store, a nude photo of his 15 year old girlfriend? What about a 16 year old boy? What about a 12 year old boy? What about a 10 year old boy?

Anyone can feel free to correct me, but as far as I could find, State and Federal law seems to be pretty clear. If it's a picture of a minor, nude, in a sexually explicit manner, it is child pornography. If the person choosing to send the picture is a minor, they're still child pornographers. If the person receiving, and storing, and looking at the picture is a minor, they're still child pornographers. No nude photos of kids. None. Never. Under no circumstances. There have been multiple instances of minors successfully being prosecuted for creating and receiving child pornography.

Honestly, I've got to say I agree with them. Child pornography is unacceptable under any circumstances. No exceptions. Your kid sent a nude photo of themselves to their boyfriend? You probably need to have a serious talk with them. "Oh, they're just kids LOL" doesn't cut it. I don't buy the idea that the prevalence of teen sexting has made the idea that children sending nude pictures of themselves is normal, or harmless, and shouldn't be criminalized. "Kids are doing it so it's okay" doesn't work for shoplifting, drinking, or many other illegal activities that minors do.

And honestly, I'm very, very bothered that Colors! 3D would take the position that its in any way less of a problem because it involves two minors (which they cannot prove and have been verifiably wrong about on several occasions).

But that's just me. What are your thoughts? Should exceptions be made? Should our child pornography laws be updated? Is this just harmless "randy teens being randy teens"?
Personally,I think that corporations like Nintendo can't police the internet and it is your job as a parent to keep up with what your child does.If they do something such as send nude photos or something of the sort then they don't fear you enough and that's your own problem.Parents need to teach their kids wrong from right and show them consequences instead of expecting the world to give a damn about anything their child does or what happens to their child.
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  #5  
Old 03-09-2013, 07:23 AM
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Default Re: Charging minors in child pornography cases.

The idea that children cannot give consent because they are not mature enough, but then expecting them to understand the repercussions of sending nude photos to each other is absolutely absurd. If you want to charge them for illegal pornography, you may as well lower the age of consent. I do not agree with the law. Any fool who argues otherwise is ignorant.
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