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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMcKayla Maroney -- I Was Underage in Hacked Nude Photos
Olympic gymnast McKayla Maroney says she was under 18 when the hacked nude photos of her were taken ... and now she's taking legal action against several porn sites that reposted the images.
TMZ has learned one of Maroney's attorneys fired off a letter to Porn.com ... informing the site that McKayla was underage in several of the photos. The letter demands the images of McKayla -- who turned 18 last December -- be taken down immediately.
Another attorney for the gymnast sent a different letter to multiple websites stating Maroney owns the copyright on the hacked photos.
The legal claims by her attorneys are a strong indication the photos really do show McKayla -- even though she said on Twitter they were "fake photos." It's also possible only portions of the images are really McKayla. The letter is not specific.
Read more: http://www.tmz.com/2014/09/02/mckayla-maroney-nude-photos-underage-lawyer-letter-porn-sites/
TDale313
(7,822 posts)Serious violations anyway, but now you're adding child porn to the equation.
MFrohike
(1,980 posts)I don't doubt that her celebrity status will completely immunize her, but it's funny that she's implying that the porn site is violating the laws regarding transmission of child porn when she's the one who did it in the first place. Those pics didn't upload themselves into iCloud.
Anyway, just an amusing though for all to enjoy.
justiceischeap
(14,040 posts)She needs to state that she didn't willingly share them publicly should SHE get dinged or uploading underage material to the cloud.
MFrohike
(1,980 posts)Like I said, her celebrity status will immunize her.
The issue would not be whether she shared them but whether she transmitted them, whether by actively pushing a button or by consenting to automatic backup.
TBF
(36,669 posts)MFrohike
(1,980 posts)The issue is not consent, it's enforceability.
pnwmom
(110,261 posts)whose photos were hacked. They are victims, not purveyors.
BlueCaliDem
(15,438 posts)It sickens me that there's even a discussion whether it's her fault or the porn-sites' fault that her hacked underage photos are being bought and published online for profit.
She was underaged when those photos were taken, and they were - supposed to be - locked up in her icloud that most likely has auto-backup. She is a victim. Period. No ifs, ands, or buts. I hope they go after whoever got illegal access to her account, and prosecute them to the fullest extent of any and all laws in order to set an example for future potential purveyors that this is just not ok.
pnwmom
(110,261 posts)to the young women who didn't understand the cloud, their iPhones default positions, or that their photos could be hackable.
There seems to be a major lack of empathy exposed here.
BlueCaliDem
(15,438 posts)I just never thought I'd see the day when people would blame the victim instead of big business that are exploiting them for profit.
I recall, not too long ago, the (justified or not) anger when it was revealed the U.S. Government was collecting meta data on Americans. The fury was palpable.
But this is okay??
We truly are becoming serfs in our society, where profit-hungry corporations are allowed to do anything they want with impunity, the government - the only entity that can protect us against such exploitation - should be stripped of all powers, and we serfs should bow our heads and say, "thank you, masters".
pnwmom
(110,261 posts)But they're enjoying what happened to these young women because it gives them a chance to feel superior.
BlueCaliDem
(15,438 posts)absolutely mind-boggling. I just can't wrap my head around that type of double-standard.
Lancero
(3,276 posts)Where teens who took naked selfies and sent them were charged with creating and distributing child pornography.
I didn't follow the cases, so I don't know what - if anything - came of them.
pnwmom
(110,261 posts)These women kept photos on their own phones and didn't realize they were hackable, through the cloud.
xmas74
(30,058 posts)Why are some even attempting to shame the victim here?
JaneyVee
(19,877 posts)Most phones auto backup all your files every few days or so.
MFrohike
(1,980 posts)I don't own an iphone, but I've had an itunes account. Apple is pretty big on notifications from my experience.
bigwillq
(72,790 posts)and I still don't know what the cloud is, what it does, and which features it adds, saves, uploads, etc.
Guess I should look into it, but the cloud may be doing things without my (and, most likely anyone else) approval or knowledge.
MFrohike
(1,980 posts)I would expect it to be one of those hundred buttons you have to push to get the phone actually working. I wouldn't imagine Apple would automatically backup everything without some pretense of consent.
pnwmom
(110,261 posts)so you push very few.
MFrohike
(1,980 posts)The point was that my guess is that some form of consent to automatic backups comes during the setup phase of the phone.
pnwmom
(110,261 posts)I doubt that the average user even understands what "the cloud" is. And I bet that was a deliberate choice of the marketing people.
pnwmom
(110,261 posts)for not understanding what was happening to their photos are full of it. It's just another way of victim-blaming.
herding cats
(20,049 posts)I know people who will only buy their Apple products from an actual brick and mortar type Apple store. I suspect it's because they don't have a clue how to set them up themselves, but have to have the gadget anyway. It's not like a regular store. When you walk in a person will ask you what you're looking for, then after deciding what you want they send the info via text to another associate. That associate walks up with your product in hand before you even realized you've made a decision and hands it to you. Then they hustle you off to another associate who then holds your hand while they have you unbox and enable the device and its features. Then they send you out into the world wielding your new enabled device. I doubt many ever mess with their settings again after that first day unless they're having problems with their device. Even then a lot of people will simply walk back into the Apple store and have an associate again hold their hand while they change the settings.
I think a lot of us make the mistake of assuming everyone buys their devices the same way we did, understands what the devices do and use them like we do. Which simply isn't the case in this day and age. As to the average persons understanding of remote storage (clouds), they honestly haven't a clue what it is or how it works. They just know that when they get their next phone/tablet, etc. all their stuff magically reappears there after they log into their account. Where it was before it showed back up on their device is not something they've ever even contemplated.
TransitJohn
(6,937 posts)Smart people don't, and never have.
JaneyVee
(19,877 posts)I know plenty of smart people that use auto backup. It's a very smart thing to do.
TransitJohn
(6,937 posts)Putting data on other people's computers is not smart, in my opinion. No, I don't use webmail.
pnwmom
(110,261 posts)because he thinks their security is safer than any home system could be. How do you know he's wrong?
TransitJohn
(6,937 posts)This geologist and chemical engineer just thinks it's foolish to trust other people with my data on their machines. Things out of that person's control can happen. What's hard to understand about that?
pnwmom
(110,261 posts)TransitJohn
(6,937 posts)But I take all available precautions. I encrypt WPA2. If I'm using passwords, I will never leave one active for more than 10 days without changing it. I usually use the WPS hardware authentication, so someone would physically have to touch my router to connect to my wifi. I also never, ever, broadcast my SSID, so people can't see my network in their list of wifi networks, unless they know what they're doing. If I'm connected to my company's VPN, I never use wifi, always cabled up. Basic security, it's not hard. I have no formal computer training. I had a cosci class in high school in 1987, using TRS-80s, then never touched a computer again until the late 90s. You have to keep up, or risk having your naked pics exploited.
pnwmom
(110,261 posts)they shouldn't be protected. Or that they are responsible for the criminal acts against them.
RobinA
(10,478 posts)has purchased 2 iPhones, neither of which came with anything resembling instructions. This smart person is also in a field not even remotely related to IT and therefore knows next to nothing about the finer points of clouds, automatic backups, or a million other things I am supposed to magically know about these days in order to operate everyday technology even somewhat intelligently.
I used to be able to do a lot of things on my computer I can no longer do because they have gotten much more complicated with seemingly no way of figuring them out. Hell, I can't find anything in Windows anymore. I want 3.1 back.
TransitJohn
(6,937 posts)or googling Youtube videos.
NutmegYankee
(16,478 posts)The laws need to be immediately changed to clarify that possession or movement of photos of yourself, no matter what age, is never illegal. With teen sexting, some of the arrests have been downright Kafkaesque. As for hacking - it's already a crime but if it's underage photos, slam the hacker even harder.
MFrohike
(1,980 posts)What if a minor wanted to license the use of their naked image for the purpose of advertising?
hifiguy
(33,688 posts)that are the standard woof and warp of law school exams.
It'd need a little more detail to reach that level!
hifiguy
(33,688 posts)for a question that has "law professor" written all over it.
I pity the poor fools who'll be seeing a question like this on a crim exam.
NutmegYankee
(16,478 posts)But police charging two 17 year-olds with possession of child porn because they sexted each other is utterly ridiculous. This has actually happened. Society needs to deal with the fact that 16 and 17 year-olds may be sexually active. Enforcing the child porn laws on them is missing the entire point of the laws in the first place, which was to stop exploitation of children. Locking up two lovers doesn't serve any purpose but evil.
MFrohike
(1,980 posts)Since I've been doing it from the top of the thread, how would you deal with a situation in which two minors sent each other pictures of the two of them naked together? Sure, each kid would have that limited control of his or her own image, but what about the others' image?
I'm not necessarily opposed to your idea, I would just like lawmakers to think through as many possible, and probable, scenarios before making it an idea.
NutmegYankee
(16,478 posts)My point is the law is being misused to destroy the lives of teenagers with no commensurate gain for society.
yeoman6987
(14,449 posts)Can a 14 year old drive a car? No. We put limits for a purpose. 18 year olds and above only. I am not against the sexual habits of 17 year olds, but taking pictures and putting them on the web must be illegal and I hope we see soon laws against this type of activity soon!
NutmegYankee
(16,478 posts)Convicting a 17 year-old of a felony and forcing them to register as a sex offender for the duration of their life for trading pictures with their boyfriend/girlfriend is just sickening. Your post is extremely disturbing.
pnwmom
(110,261 posts)MFrohike
(1,980 posts)Minors can enter enter any contract they wish, provided there is no law to the contrary. The catch is that most contracts can't be enforced against a minor. That's very different from "can't sign contracts."
The general rule is that a minor can disavow any contract that does not relate to a necessity (food/clothing/shelter). The minor, upon reaching majority, can choose to ratify any contracts made that don't relate to a necessity.
pnwmom
(110,261 posts)Contracts are part of the civil law, not the criminal law. Enforcement of a contract almost exclusively means a money judgment, not criminal sanctions.
yeoman6987
(14,449 posts)Underage folks taking nude photos of themselves and the uploading on to a computer should be illegal and punished to the fullest extent possible. We see why today!
NutmegYankee
(16,478 posts)Glad we protected them from themselves by destroying their future.
TransitJohn
(6,937 posts)Hopefully McKayla is on the sex offender registry for life, that child pornographer!
PeaceNikki
(27,985 posts)big_dog
(4,144 posts)n/t
PeaceNikki
(27,985 posts)Photos alleging to be more than 100 celebrity women were released as part of a 'game' in which the hackers collectively tried to get into the accounts of these women and some were rewarded with money (bitcoins). Some are very likely not who they claim to be. Some are.
Dozens of lawyers are working on this. Several takedown letters have been successful based on copyright claims. McKayla has only been 18 for 8 months. It's safe to assume the images taken on cell phones contain metadata that includes "date taken". It seems incredibly easy to state and effective to tell these sites that, if the images are real, she was underage in them. Her attorney carefully worded the letter to state that she was under 18 when the photos were taken. That doesn't mean that they are her, but if they are, they are child porn. Even if they aren't her, what they allege to BE is. Any website run by someone with even half a brain (even really seedy sites) do not want to play around with the possibility of child pornography so they take them down.
They may be her, they may not be her, but it doesn't matter.
Kablooie
(19,107 posts)PeaceNikki
(27,985 posts)She's not the only one to deny the photos are her and, get this, some might not have really come from the people accounts of whom they are purported.
Nuts!!!
politicat
(9,810 posts)Especially for athletes. It's a means of visually measuring muscle mass, weight, tone. I've known people who take pics of their breasts as a means of watching for changes (during weight loss or pregnancy, for example) because from the position of eyes up here, and seeing stuff daily, it can be hard to notice changes.
Not to mention that yes, 17 year olds do indeed have sex drives and are allowed to exercise them in most states.
MFrohike
(1,980 posts)I didn't get into her motivations because I don't care what they are. I'm only interested in the fact her lawyers implied child porn to get the pics taken down when she's the one who originally transmitted them.
politicat
(9,810 posts)And child because of age of subject. Not a lawyer, but I see their rationale. It's not illegal to transmit something to yourself, and in theory, a cloud account is one's own. I can see using the rationale in a takedown notice.
LisaL
(47,423 posts)These photos are either child porn or they aren't. How could they become child porn upon distribution if they weren't child porn to begin with?
kcr
(15,522 posts)But they aren't. It's the people distributing it that are convicted.
LisaL
(47,423 posts)If they are making it themselves, they can be charged.
"This week, prosecutors in Greensburg, Pennsylvania charged six teens ranging in age from 14 to 17 with creating, distributing and possessing child pornography, after three girls were found to have taken photos of themselves in the nude or partially nude and e-mailed them to friends, including three boys who are among the defendants."
http://www.wired.com/2009/01/kids/
kcr
(15,522 posts)Taking a picture of oneself, regardless of age, doesn't make it porn. If one doesn't have intent for another to see it, how is it porn?
LisaL
(47,423 posts)I haven't seen them.
kcr
(15,522 posts)"Not legal for minors to make "child porn" by taking photos of themselves."
politicat
(9,810 posts)Distributed without authorization.
This was part of one of the stings several years ago. A set of photos had been taken of children with scoliosis (I think, it's been a few years) as part of their treatment. Those photos were stolen and distributed. The creation of those photos was not creating CP; they were for a legitimate reason and had a reasonable expectation of privacy, being in medical files. They only became CP when they were stolen and distributed as CP.
LisaL
(47,423 posts)politicat
(9,810 posts)It was federal court, not supreme, and 9th or 10th district. Early 90s (ghu, how the time flies) and it was specifically about an Amiga ring (which is why I remember it -- I was an Amiga user long time back) that got caught.
pnwmom
(110,261 posts)is not child porn.
Xithras
(16,191 posts)There was a case a number of years ago where a guy was convicted of taking photos of young children in their underwear. There was no actual nudity, but the girls were posed in positions that were graphic and blatantly sexual. The guy worked his way through the court system, but was eventually convicted.
Nudity, or a lack of nudity, isn't the legal standard for child porn. That's why medical photos, photos of your kids in the bathtub, and even photos taken at a nude beach aren't generally considered child porn. The nature and intent of the photos determine whether or not they are porn. Any photos depicting children posing in a sexually suggestive manner, having actual sex, focusing or emphasizing their genitals, or that otherwise deliberately present children in a way that reduces them to sexual objects can qualify as child porn. Crotch shots of a child in a swimsuit on a beach would qualify. A photo of the same child, taken one second later standing by the water with a wider field of view would not. The laws are very subjective, but due to the nature of the crime, they really have to be.
For what it's worth, a sexually suggestive selfie taken by a teenager probably WOULD qualify as child porn under the letter of the law, but no reasonable person would suggest that they be prosecuted for it.
ann---
(1,933 posts)porn for the person TAKING the photos of an underage child?
politicat
(9,810 posts)Taking: as in picking up and moving, or as in operating the camera? Because it does matter now.
This is one of those cases (like the various snapshot/medical cases in the 90s) where the original intent of the unclothed photos was not licentious. Family beach photos, family bathtub photos, and medical documentation have all been distributed as CP and people have been busted for possessing and distributing them, but the original operators of the camera were not, because their intent in the photos was not for sexual gratification. This matters.
If the early 90s cases, the photos were physically misappropriated -- either stolen from medical files, or by making unauthorized prints at photo processing shops, or from discarded photo albums -- before being scanned and distributed via mailed hard drives or over BBS systems. Technology has changed, but the concept remains: intent of creator and intent of distributor.
The distributor(s) in this case certainly intended to create harm and for sexual gratification.
Please stop blaming the victim.
ann---
(1,933 posts)I blamed the PHOTOGRAPHER who photographed a nude underage child. According to this article, there was no mention why the photos were taken.
http://www.nydailynews.com/entertainment/gossip/mckayla-maroney-lawyers-gymnast-underaged-photos-released-online-report-article-1.1925895
You said "This is one of those cases....." Where does it say anywhere that McKayla's pictures were "beach photos, bathtub photos or medical documentation?"
And, yes, people who PHOTOGRAPH naked minors have been charged with promoting porn.
politicat
(9,810 posts)Which is understandable.
There is old precedent in CP cases, where the photographer had no licentious intent and therefore was not producing CP, but when the photos were misappropriated, the distributor attached licentious intent. For example: a medical shot of a child's bare back to document spinal curvature is by no means licentious, until someone misappropriated it because it's a butt shot. The medical photographer is not liable for CP, but the misappropriator is. Those are the examples that set the precedent that shields certain creators from prosecution. The existence of a photo is not the problem -- it's the distribution channel.
In this case, McKayla is both victim (in that her photos were misappropriated) and creator (in that it's presumable that she had no licentious intent in her selfies). She is not the distributor. Whoever stole her photos is.
She did not distribute her photos (at least not intentionally; cloud backup should not be distribution, although the courts have not ruled on it because it's not old enough tech to have a body of law behind it.) So she is not a creator of CP and should not be held legally liable for it.
Where it becomes victim blaming is when she is criticized for having taken photos of herself, for whatever reason, and held to be responsible for the theft and distribution.
ann---
(1,933 posts)Last edited Wed Sep 3, 2014, 07:41 PM - Edit history (1)
I'm sorry but your post is full of assumptions. I haven't read anywhere that her pictures were "selfies" so my comment about the person who may have PHOTOGRAPHED her was only an assumption that that was the case.
I did not blame McKala - ever, so please do not accuse me of that. She was a minor at the time.
Personally, I don't think criticizing adults for posing for nude photos or taking nude of themselves is BLAMING them if someone hacks into their account and distributes the photos. Those are two different things. Their intent was not to distribute them to the public, but I think, if anything, it shows a lack of common sense to assume anything is safe in cyberspace.
Now, I'm betting that someone misunderstands me and hits the alert button to have this post hidden.
Generic Other
(29,080 posts)In the 40s-70s?
MADem
(135,425 posts)Not all countries have the eighteen year old rule. Also, the pictures may have been slightly photoshopped with some of it being accurate representation, and some not. I'm not looking for these pictures and have no intention of trying to figure all that out, but I hope she has good lawyers and can get some justice.
This cloud, though...it can be problematic!!!!

Response to MFrohike (Reply #2)
big_dog This message was self-deleted by its author.
world wide wally
(21,836 posts)because she had pictures of herself with no clothes on? She is a gymnast who has a right to be proud of her body.
I can only assume that you found it arousing personally, but that does not mean she "did" porn.
MFrohike
(1,980 posts)I said she, I should have said her lawyers, were implying that the porn site that posted her pics was violating the law regarding child porn. I simply remarked that if they are doing so via transmission of the pics, then she is guilty of the same thing because she is the one who uploaded the pics. It's a case of glass houses and stones.
LisaL
(47,423 posts)Ohio Joe
(21,898 posts)Disgusting.
LisaL
(47,423 posts)MFrohike
(1,980 posts)Blaming the victim in this case is saying it's her fault they got stolen because she put them in a place to get stolen. I didn't say anything remotely close to that. I said the attempt to get the pictures taken down by implying that they were breaking a law NOT RELATED TO THE THEFT was hypocritical since she had presumably broken the same law when she transmitted them to the cloud.
Ohio Joe
(21,898 posts)"when she's the one who did it in the first place"
See what you did there?
Your first statement says she broke the law... You labeled her a criminal when she broke no laws. Putting a naked picture of yourself there is not a crime even if you are under age. You turned the crime from the criminals to the victim. Then you tried to step back by changing the statement from 'fact' to 'perhaps'... It's bullshit victim blaming and it is fucking disgusting. If you had a shred of decency you would self delete and apologize... I don't expect it though.
MFrohike
(1,980 posts)I just hope you only play a lawyer on the internet and not in real life. If so, I feel for your clients.
Ohio Joe
(21,898 posts)No... Actually, I'm not.
MFrohike
(1,980 posts)it helps if you don't go for the last word. Just a tip.
Sheldon Cooper
(3,724 posts)Interesting word choice.
MFrohike
(1,980 posts)I'm curious why a phrase I've seen in use for about the last 10 years or so is suddenly an issue.
Ohio Joe
(21,898 posts)Yeah, we know your code words
MFrohike
(1,980 posts)Seriously, this is getting pathetic. That terms long predates a bunch of losers whining on the internet. The fact you clearly don't know that means you really should take the time to learn before you type.
Sheldon Cooper
(3,724 posts)pnwmom
(110,261 posts)Like many adults, she wasn't as tech savvy as all the brilliant DUers who expect her to know better. She might not even understand what "the cloud" is.
These young women have all been violated by hackers and the viewers who followed. This isn't amusing at all. It's criminal.
Kalidurga
(14,177 posts)It doesn't matter who took the photos for it to be child porn. No court would say it isn't based on the photographer. Oh and I am not amused.
MFrohike
(1,980 posts)Not even wrong.
Chan790
(20,176 posts)"Das ist nicht nur nicht richtig, es ist nicht einmal falsch!" indeed.
Kalidurga
(14,177 posts)it seems you are uneducatable. It's okay a lot of people with your condition lead somewhat normal lives.
MFrohike
(1,980 posts)Social butterfly, I'll bet!
Kalidurga
(14,177 posts)and with more patience than I can. So, ask them where you are going wrong here.
Look in the mirror and say that. Let me know just how arrogant it sounds after doing that.
Kalidurga
(14,177 posts)IRL I get along well with my family, friends, and coworkers. You have a bigger problem than I have. Not once have you entertained the thought that your so called humor is inappropriate and indicates a blame the victim mentality. I don't care if you keep doing that have at it. And keep posting to me each post shows just how far you are willing to go to prove you have had a thought. I patiently await that proof.
Tuesday Afternoon
(56,912 posts)MFrohike
(1,980 posts)I think the humor is probably the fact that most people won't get the blatant cynicism displayed by her lawyers here.
NuclearDem
(16,184 posts)
MFrohike
(1,980 posts)When I first saw the story, I didn't know who she was. I googled the name quick and saw that pic and then I remembered.
who was it that was taking nude photos of an underage girl?
PeaceNikki
(27,985 posts)hrm. :/
MFrohike
(1,980 posts)I should have said her lawyers.
WinkyDink
(51,311 posts)Lex
(34,108 posts)WinkyDink
(51,311 posts)Lex
(34,108 posts)WinkyDink
(51,311 posts)mythology
(9,527 posts)Because she wanted to see herself naked, Because she wanted whatever.
There's no reason to care because the underlying problem is that she, and others, were hacked.
I hope the sites that posted these pictures, including those of any adult celebrities are prosecuted.
WinkyDink
(51,311 posts)world wide wally
(21,836 posts)Maybe she wants to look back at herself when she is older and she doesn't have the body of a young gymnast anymore.
Is that a sin?
WinkyDink
(51,311 posts)world wide wally
(21,836 posts)PeaceNikki
(27,985 posts)Photos alleging to be more than 100 celebrity women were released as part of a 'game' in which the hackers collectively tried to get into the accounts of these women and some were rewarded with money (bitcoins) for finding 'gold'. Some are very likely not who they claim to be. Some definitively are.
Dozens of lawyers are working on this. Several takedown letters have been successful based on copyright claims. McKayla has only been 18 for 8 months. It's safe to assume the images taken on cell phones contain metadata that includes "date taken". It seems incredibly easy to state and effective to tell these sites that, if the images are real, she was underage in them. Her attorney carefully worded the letter to state that she was under 18 when the photos were taken. That doesn't mean that they are her, but if they are, they are child porn. Even if they aren't her, what they allege to BE is. Any website run by someone with even half a brain (even really seedy sites) do not want to play around with the possibility of child pornography so they take them down.
They may be her, they may not be her, but it doesn't matter.
xmas74
(30,058 posts)She felt like it, she wanted to look sexy, she wanted to visibly inventory changes to her body from long workouts or any other reason you can think of in this thread.
When I was young and worked out regularly I used to take Polaroids in very skimpy bra and panty sets, in string bikinis and, in a few cases, nude. Why? Because no matter what the scale and the tape measure say the real focus for me was how my body looked in something skimpy, such as beachwear, or in nothing at all. I was a bit excessive about it, studying every inch that didn't look exactly as I wanted it and finding new workouts to tone and tighten that area.There was nothing sexy about the pictures.
If I were 19 nowadays I'd probably take the pictures with my phone and not even think about it.
WinkyDink
(51,311 posts)xmas74
(30,058 posts)Those pictures were private and not meant for public consumption. If she was underage (and I wouldn't be surprised if she had been in the pics) then she should absolutely claim her minor status. It's absolute garbage that someone stole something from her and has let the world know about it. Having been a minor when the pics were taken qualifies it as kiddie porn.
Get the a-holes where it hurts. Make them realize it's not ok to do what they did. If recognizing her status as a minor at the time of pics is what puts the nail in the coffin of the idiot involved then so be it.
NuclearDem
(16,184 posts)LisaL
(47,423 posts)Not legal for minors to make "child porn" by taking photos of themselves.
kcr
(15,522 posts)It's not illegal for a minor to take a pic of herself
LisaL
(47,423 posts)kcr
(15,522 posts)LisaL
(47,423 posts)kcr
(15,522 posts)LisaL
(47,423 posts)kcr
(15,522 posts)What is the subject, here?
LisaL
(47,423 posts)But if you are taking about minors taking nude photos of themselves to send to other minors, there have been a number of cases where they have been charged.
kcr
(15,522 posts)They were stolen
Orrex
(67,111 posts)Haven't seen the leaked pics, but I presume that we're not talking about "six-month-old-baby-in-the-tub" pictures, right?
Isn't it considered illegal to take and possess such pictures, even if they're not distributed?
Would it have been ok for one of Ms Maroney's same-age friends to snap those pictures?
kcr
(15,522 posts)They didn't just magically appear there on their own.
Orrex
(67,111 posts)So one might conclude that this is how she came into possession of them.
kcr
(15,522 posts)They magically transform into pictures of children? Huh.
Orrex
(67,111 posts)Much would likely hinge upon jurisdictional ages of consent and the nature of the photos.
If such pictures exist (again, presuming that they aren't baby-in-the-tub photos), then are they porn or not? And, if so, do they become porn only upon distribution? What if a 15-year-old takes a bunch of explicit nude selfies and shows them off to the other kids on the school bus?
Honestly, I'm not quite clear on the point that you're arguing.
kcr
(15,522 posts)That's fascinating.
Orrex
(67,111 posts)Because I have reason to suspect that you are not.
However, what is truly fascinating is that you're wholly unable to answer a direct question.
kcr
(15,522 posts)Thinking pictures can magically transform is fascinating. I can't help it.
Orrex
(67,111 posts)If you can't help it, then perhaps you should enlist the aid of a handler or facilitator.
Reclassifying something based on context and circumstance is hardly "magically transforming" it.
And still you are unable to answer direct questions.
kcr
(15,522 posts)with your answer to my question about how people come into possession of child porn. I can't think you really believe that people come into possession of child porn by taking pictures of themselves. I guess it is possible. But not likely for someone savvy enough to log onto a computer and join DU.
Tell me. Should children be prosecuted for underage sex when they masturbate?
Orrex
(67,111 posts)People have been convicted of child pornography for "sexting" pictures of themselves while underage. Do you dispute this? If you do not dispute it, then when do these pictures become pornography? You are asserting either that they are not porn before or after distribution, or that they become porn at the time of distribution. Which is it?
If it is neither, then what do you propose instead?
kcr
(15,522 posts)No? Then it wasn't a reasonable answer.
Orrex
(67,111 posts)My reasonable questions in reply #86, which you still haven't managed to answer, are these:
Haven't seen the leaked pics, but I presume that we're not talking about "six-month-old-baby-in-the-tub" pictures, right?
Isn't it considered illegal to take and possess such pictures, even if they're not distributed?
Would it have been ok for one of Ms Maroney's same-age friends to snap those pictures?
But you didn't like my answer because it doesn't fit with the victim blaming nonsense of charging her with childporn, hence your silly non answer about the magical changing pictures.
Orrex
(67,111 posts)You asked a series of silly questions and posed a series of silly strawman arguments, but you don't appear to have answered any questions posed to you.
Ms. Maroney is unquestionably the victim of hacking & theft. This is not "victim blaming," and anyone who asserts otherwise is an asshole.
Here is the question which you still haven't answered: legally, does the taking of explicit, underage nude selfies qualify as child pornography?
If the taking of underage nude pictures is child pornography, and if she took them, then she's guilty of child porngraphy, full stop. That's no more "victim blaming" than arresting a shoplifter is "blaming the victim."
If they aren't pornography, and if she took them, then she's not guilty of anything, full stop. That's no more "victim blaming" than not arresting someone for not commiting theft.
kcr
(15,522 posts)The nature of the pictures matter. Underage nude child does not automatically mean child porn. Do medical professionals taking pictures of undressed children for medical documentation get charged with child pornography? No. So questioning whether she should face child porn charges is ridiculous. That's why I asked you if children who masturbate get charged with having underaged sex. Because see how ridiculous the question of whether she could be charged sounds now? It's victim blamey because I just don't even understand why it's occuring to people to ask that question. It's just as ridiculous as wondering if masturbating children could be charged.
Orrex
(67,111 posts)If an adult takes a sexually explicit picture of a minor and shares it via social media or text message, that adult will likely have run afoul of some child pornography laws. But what about a minor who takes selfies and sends them discreetly to another teen? What if the receiver then forwards the photos to others? Have they violated any laws? In many states, the answer is yes.
Though their laws were created to protect minors from exploitation caused by others, states are prosecuting minors under child pornography statutes for sending nude or otherwise lurid self-portraits, even when the minors sent the selfies without coercion. The common quirk in the laws is that there is no exception for taking or distributing sexually explicit pictures of oneself. Thus, a high school student sending a racy seflie to a boyfriend or girlfriend could subject both themselves and the receiver to prosecution for child pornography. If the picture makes its way around other social circles through online or direct sharing, anyone who received or distributed the photo could also find themselves open to charges.
I agree with you about the importance of context. Medical pics are certainly different from photos of exploitive sex acts committed under duress, for instance. Recall the discussions here on DU a few years ago about fears of TSA's body scanners and the resultant invasive photography of minors--fears that were very quickly realized, in fact. Still, if the law holds that "nude or otherwise lurid self-portaits" are illegal, then that's pretty much the bottom line.
kcr
(15,522 posts)So they're asking that question because of their own imaginations.
Orrex
(67,111 posts)Put simply, it's a picture that one takes of oneself.
Ms. Maroney appears to have taken such pictures, while the law indicates that taking such pictures is illegal.
Therefore the question is valid, no matter how urgently you wish to pretend that it isn't.
kcr
(15,522 posts)Should minors get arrested for looking at themselves in the mirror?
Orrex
(67,111 posts)Why are you fixated on "sexually explicit" as the only criterion, when others apply?
Your argument is fatally undermined by your ongoing habit of cherry-picking helpful facts while ignoring those that don't support your claims.
kcr
(15,522 posts)The abusrdity of charging someone for victimizing themselves. Hey, you'd better say out loud the word, "yes" before you masturbate so no one can be mistaken that consent was given in that sexual act! That's the legal definition of rape, after all! Your sources don't mention prosecution of teens for having pictures of themselves because it's absurd.
Orrex
(67,111 posts)Masturbation and standing in front of a mirror have nothing to do with minors taking nude selfies. You can repeat the comparison as often as you like, but it simply demonstrates your lack of understanding, and your obsession with masturbation and self-absorption. Fitting, considering the overall arc of your posts.
You criticize my sources which specifically point out the illegality of minors taking nude self portraits, because those sources contradict your cherry-picked narrative. In sharp contrast, you've posted nothing to suggest that it's legal, except your own wishful thinking.
Also, you're stuck on the red herring of consent as if that's the issue, when it's not, and your failure to recognize this is quite striking. One can't simply "give consent" to commit an illegal act; otherwise, it would be like saying "I give consent to possess twelve pounds of cocaine." Still illegal, just like the manufacture of child porn is still illegal.
Taking "nude or lurid" pictures of oneself is illegal if one is a minor, even if the minor says it's ok.
Tell me something honestly: if I stop replying to you because you're boring and ridiculous, will you imagine yourself to have achieved some kind of victory?
kcr
(15,522 posts)They are all harmless activities that are legal and involve no one else. That is the point. They are all activities that, as soon as a second party is involved, the problems arise, legal and otherwise. Your insitence that women who are victimized by these hackers will be fine, unless they're underaged and then they could be charged too, is fantasy. She isn't going to be punished for being naughty. Sorry.
Orrex
(67,111 posts)Since I am able to rebut your lies, I have no qualms about calling you out as a liar.
In your desperation you are not only lying, but you are also drawing false equivalence between "naughtiness" (a more or less playful undermining of social mores) and "crime" (a direct violation of law). Every statement that you make based on this false equivalence is based on a fallacy and requires no more rebuttal than pointing out the fallacy.
In your desperation to paint her as a victim (clinging to the retrograde "woman as victim" stereotype), you lie about me, you dodge questions, you make baseless claims, you ignore inconvenient facts, and you cherry-pick those facts that--in a very specific and carefully chosen context--seem to make your argument credible.
I truly didn't intend to reply to you, but since you were outright lying about me, I felt it appropriate to refute your deliberate falsehoods.
At this point you are free to pretend that you've proven your point or won the argument or whatever will satisfy your need to portray Ms. Maroney as a helpless victim. Hell, you're even free to lie about me again, because you'd probably do it anyway.
I'm going to be putting you on Ignore in about a minute, so go ahead and masturbate in front of a mirror or anything else that you do. I don't care.
You're dishonest and you don't know how to support an argument. But worst of all, you're boring.
kcr
(15,522 posts)Yeah, not going to take your accusation of me as a liar very seriously.
WinkyDink
(51,311 posts)FTR, there are plenty of laws that forbid one from doing whatever the hell one wants with one's own body, including:
~~Ingesting certain drugs;
~~Attempting suicide;
~~Drinking alcohol as a minor;
~~Working more hours than permitted for Child Labor, if one is a child;
~~Selling one's body for sexual services.
So "because it's her body" is not quite a strong enough argument to make for the then-minor MM.
TBF
(36,669 posts)with some serious exceptions (murder etc) we tend to treat them as the juveniles they are. Once they turn 18 it's a different ballgame.
WinkyDink
(51,311 posts)kcr
(15,522 posts)Yeah. People can't use the excuse that the child wanted it. Imagine that?
pnwmom
(110,261 posts)WinkyDink
(51,311 posts)"child porn" card NOW seems to me to be a "Say Wha'?" moment.
pnwmom
(110,261 posts)not the young woman with her own photos on her own phone, who never intended to distribute them to anyone.
She isn't using the "child porn card." She's pointing out the truth.
RedCappedBandit
(5,514 posts)and shared without her consent?
Are you fucking serious? lol
Chan790
(20,176 posts)The purpose is to maintain a visual record of their physical form and physique for training purposes from a consistent angle and viewpoint in order to track changes in weight, form and muscle-mass.
TransitJohn
(6,937 posts)1)because she wanted to, and
2)none of your fucking business
Nye Bevan
(25,406 posts)With penalties for possession and distribution.
Xithras
(16,191 posts)People have been charged and convicted for doing it, but the cases have been tossed on appeal. Because they are technically "generated artwork", and not actual depictions of nude children, the courts have generally sided with the defendants and have said that it's not child porn.
The last time I read anything on the subject, it was still being debated pretty intensely. I don't think there's actually a national legal consensus on it yet.
Xithras
(16,191 posts)The FBI might want to think about subpoenaing the logs at imgur and all the various sites that were hosting them, and start logging the IP's of the people sharing the image dumps on the torrent sites. All of those people are trading child porn.
Throw a few hundred of them in prison for trading child porn, and the rest may think twice about seeking out these photos in the future.
As a bonus, if they can actually identify the people who perpetrated the original hack, the feds just gained the ability to prosecute them with attempting to sell child pornography for commercial gain (they were trying to sell the images at one point). That could add decades to their prison term.
LisaL
(47,423 posts)allegedly taking these photos.
kcr
(15,522 posts)I think you are very much wrong there.
LisaL
(47,423 posts)No?
kcr
(15,522 posts)Why is that? Because they aren't the ones who distributed it. Frankly I think charging underage kids with porn for their own pics is ludicrous, but the fact it happens doesn't mean underage people will be convicted if their own pics are stolen and disseminated by others.
AngryAmish
(25,704 posts)Someone probably got forwarded these from a boyfriend or girlfriend's phone. Or stole them from those phones.
AngryAmish
(25,704 posts)Getting her in any trouble for this is absurd. Yet those are the stupid laws we have in this country.
kcr
(15,522 posts)But strangers hacked and stole her pictures. The response is that she's legally a child pornographer too because of this. She didn't do anything, here. They did.
AngryAmish
(25,704 posts)She denied they were real for a few days. She could have sent them to someone and they gave them to someone else. Either way, she was betrayed.
I also don't know if they are child pornography. I think there is a safe harbor for naked pictures of kids that are not meant to titillate. If they are just naked pictures of her they may not be pornographic. I think...and I really may be wrong here...there needs to be lewd acts portrayed in order for it to be child pornography.
also on edit: did she take the pictures herself or did another person take the pics?
PeaceNikki
(27,985 posts)Photos alleging to be more than 100 celebrity women were released as part of a 'game' in which the hackers collectively tried to get into the accounts of these women and some were rewarded with money (bitcoins) for finding 'gold'. Some are very likely not who they claim to be. Some definitively are.
Dozens of lawyers are working on this. Several takedown letters have been successful based on copyright claims. McKayla has only been 18 for 8 months. It's safe to assume the images taken on cell phones contain metadata that includes "date taken". It seems incredibly easy to state and effective to tell these sites that, if the images are real, she was underage in them. Her attorney carefully worded the letter to state that she was under 18 when the photos were taken. That doesn't mean that they are her, but if they are, they are child porn. Even if they aren't her, what they allege to BE is. Any website run by someone with even half a brain (even really seedy sites) do not want to play around with the possibility of child pornography so they take them down.
They may be her, they may not be her, but it doesn't matter.
kcr
(15,522 posts)We don't know if she's ever committed tax fraud.
Xithras
(16,191 posts)Here in California, where I (and Maroney, for what it's worth) live, it is a crime for two people under the age of 18 to have sex. There are no Romeo & Juliet laws in this state so, according to the letter of the law, two 17 year old kids are committing a crime if they strip down and do the deed.
Prosecuting a 17 year old for taking a nude selfie is the moral equivalent of prosecuting a 17 year old for having sex. Could you do it? Legally, yes. Should you do it? Only a tiny minority generally think so. Normal people look at it as a harmless and victimless crime, and prosecutors who spend their time hunting down horny teenagers tend to lose their jobs rather quickly.
The people trading her pictures, on the other hand, are fapping to child porn. They're the moral, ethical and legal equivalent to a 40 year old man standing outside the window watching the two 17 year olds have sex while he masturbates in the bushes. They are not harmless, they DO create victims, and most people agree that masturbatory voyeurs who like to diddle themselves to photos of underage girls should be locked up.
There is no equivalence between the two crimes.
tridim
(45,358 posts)Because the non-illegal, non-porn you will see in the results may cause massive vapors.
Images of naked bodies aren't automatically considered porn unless you're a religious RW whacko. I'm assuming she didn't take the picture thinking she was making child porn or adult porn, she was just being human.
rdking647
(5,113 posts)one thing most porn sites dont want to deal with is any chance of child porn. the porn sites are very profitable and child porn means the death of teh site so they dont mess around
Sheldon Cooper
(3,724 posts)so they can have something new to rub their dicks to are prosecuted to the fullest extent of the law. Payback, losers.
kcr
(15,522 posts)It's impossible to have any discussion on DU about anything like this and have it derp free.
Sheldon Cooper
(3,724 posts)Victim blaming is pretty common here, actually.
ann---
(1,933 posts)the perv who TOOK the nude pictures of an underage child in the first place.
Atman
(31,464 posts)Apparently, if you're referring to a female, such terms are verboten. But it's okay to call men "skeevy pervs." Can someone please explain the difference?
Kablooie
(19,107 posts)kcr
(15,522 posts)Yuh huh, it is too the law.
If an adult takes a sexually explicit picture of a minor and shares it via social media or text message, that adult will likely have run afoul of some child pornography laws. But what about a minor who takes selfies and sends them discreetly to another teen? What if the receiver then forwards the photos to others? Have they violated any laws? In many states, the answer is yes.
Though their laws were created to protect minors from exploitation caused by others, states are prosecuting minors under child pornography statutes for sending nude or otherwise lurid self-portraits, even when the minors sent the selfies without coercion. The common quirk in the laws is that there is no exception for taking or distributing sexually explicit pictures of oneself. Thus, a high school student sending a racy seflie to a boyfriend or girlfriend could subject both themselves and the receiver to prosecution for child pornography. If the picture makes its way around other social circles through online or direct sharing, anyone who received or distributed the photo could also find themselves open to charges.
kcr
(15,522 posts)Orrex
(67,111 posts)Based upon this, I infer that the taking of such selfies is problematic in its own right.
kcr
(15,522 posts)But nowhere does it say that it's illegal to merely possess pics of oneself. The article makes clear that they prosecute teens who have texted naked selfies to others. Your leap of logic is the same as claiming that it is illegal to masturbate because prosecutors charge underage sex.
Orrex
(67,111 posts)The text is straightforward and unambigiuous.
I understand that you don't like the law, and that you're eager to paint this as a pure case of "victim blaming," but it's simply not that straightforward.
If it is illegal for a minor to take "nude or lurid self portraits," and if Ms. Maroney took such self portraits while she was a minor, then she broke the law. Your opinion of my inference is irrelevant.
Of course, the does nothing to diminish the fact that she is still the victim of hacking and theft. You seem fundamentally unable to accept that a victim of one crime might be independently guilty of another.
Why are you so selectively unable to make distinctions based on context?
kcr
(15,522 posts)If she owns the picture of herself and it's her own body, a body that she's seen before because she looks in the mirror, how does that meet the definition of sexually explicit? Nowhere in your link does it say it's illegal for a minor to take a picture of themselves nude. It doesn't. You are inferring that. Is it illegal for them to look at themselves in the mirror nude? No. They get in trouble when they sext them to someone else. That's when it becomes sexually explicit. That is when they and the person they sexted them to both get snagged under the law, because the law makes no exceptions about who sends the pictures.
Orrex
(67,111 posts)Your question about the mirror is irrelevant, as you surely must realize.
If she took the pictures and if she was a minor at the time, then she took nude pictures of a minor, meaning that she manufactured child pornography, which is a crime. And at least while they were in the camera, she was in possession of child pornography, which is a crime.
You're right about the additional crimes if she transmitted the images, but for now we have no evidence that she did so. It's clear that the hackers have done so, so we can hope that they'll be charged accordingly.
kcr
(15,522 posts)The question about the mirror isn't irrelevant. The body in the picture is the same one a person sees in the mirror when they take a picture of themselves. Do you think people should avert their eyes when they're in front of a mirror naked?
abelenkpe
(9,933 posts)Response to jakeXT (Original post)
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