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Sharing Child Porn Over Internet Should Not Invite Stiff Punishments, Some US Lawyers Plead
January 30, 2008 at 12:06 PM
Medico Legal News
In 1986, Congress approved the statute under which Sewell was prosecuted, and it originally carried a mandatory 10-year minimum sentence. The sentence was increased in 2003 to 15 years without the possibility of parole.
The law was adopted to counter illegal smut advertising in the traditional sense. Still, even three decades ago, Congress was concerned about preventing the exchange of pornographic materials through computers.
Although Kazaa did not exist in 1986, Congress specifically mentioned one of its technological forebears, computer "bulletin boards," as being a source of an illicit child-porn trade.
Eric Chase, a California attorney representing Sewell, argues, "He's getting more time than people actually molesting kids," says "He didn't make it. He didn't sell it. He didn't even buy it."
Chase, however, conceded that his client was guilty of distributing child pornography, but which carries only a five-year sentence.
Sharing of child porn files shouldn't qualify as advertising under the law and therefore shouldn't be subject to the mandatory 15 years, he argues.
But last week, the 8th U.S. Circuit Court of Appeals upheld Sewell's sentence and conviction. It ruled Jan.17 that "Kazaa's purpose is to allow users to download each other's files, and the purpose of the descriptive fields is to alert interested users to the content of downloadable files."
The files were named "Pedo 12-14yr.jpg," "PBC Bro's given it to Mom&Sis" and "Underage Pornography Erotica," among others, the judgement noted.
While Chase is to move the US Supreme Court against the decision, U.S. attorneys throughout the country are preparing to arraign others found sharing child porn like Sewell
Source-Medindia
GPL/K
The law was adopted to counter illegal smut advertising in the traditional sense. Still, even three decades ago, Congress was concerned about preventing the exchange of pornographic materials through computers.
Although Kazaa did not exist in 1986, Congress specifically mentioned one of its technological forebears, computer "bulletin boards," as being a source of an illicit child-porn trade.
Eric Chase, a California attorney representing Sewell, argues, "He's getting more time than people actually molesting kids," says "He didn't make it. He didn't sell it. He didn't even buy it."
Chase, however, conceded that his client was guilty of distributing child pornography, but which carries only a five-year sentence.
Sharing of child porn files shouldn't qualify as advertising under the law and therefore shouldn't be subject to the mandatory 15 years, he argues.
But last week, the 8th U.S. Circuit Court of Appeals upheld Sewell's sentence and conviction. It ruled Jan.17 that "Kazaa's purpose is to allow users to download each other's files, and the purpose of the descriptive fields is to alert interested users to the content of downloadable files."
The files were named "Pedo 12-14yr.jpg," "PBC Bro's given it to Mom&Sis" and "Underage Pornography Erotica," among others, the judgement noted.
While Chase is to move the US Supreme Court against the decision, U.S. attorneys throughout the country are preparing to arraign others found sharing child porn like Sewell
Source-Medindia
GPL/K
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