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Help A KidToday we are going to begin with a multi-part article which has been overdue for quite some time.

INTRO TO THE INTRO

This is a hectic site, as you may have already noticed. The point we are trying to make is a simple one; Libertarianism (in its absolute flavour) and Austrian Economics are applicable to everyday issues. If they would not be, then there would be no point in us being here.

We would love to develop every single critical human topic from Alpha to Omega in a systematic way. Alas, we cannot. Even this approach is bound by Economics' "opportunity cost" tyrannical rule. The what? Opportunity Cost. Again, simple. If we are doing this, we cannot be doing that. Thus, we have no choice but to sample reality here and there to show you that yes! a better way is possible. This topic that we are taking on up front and without safety net is no exception. There cannot be exceptions. We must, absolutely, positively and unquestionably be able to develop any and all topics better and more satisfactorily than any of the current political systems. If we cannot, then we should pack and go. Alas, not so fast. We are not defeated yet… And we are convinced we won't be. To task.

INTRO

This is a serious topic. An important topic. A delicate topic. A topic where inevitably tempers flare and ethical, moral, religious and legal issues tend to erupt. We are not interested in eruptions. We are, however, interested in intelligent arguments and logical analysis. We bring a dispassionate view, clarity into obscurity, solutions into stalemate and meaningless gestures. We will go so far as to state, for the record, that based on ethical (personal) reasons, we find the topic very difficult to deal with, alas, this is a topic must be dealt.

We will begin our exposition with an attempt to obtain a proper definition of the problem, following by its root causes, the "measures" that so far have been taken by modern political systems, their failures and the natural solutions that Absolute Libertarianism brings to the table. That's the agenda… more or less.

And after we are done, we will open the forum to the public. To you. It will be your turn then to open your mind and determine whether or not we have been successful.

Oh yes, and before you blame us for bringing up such a topic, we would like to remind you that it is not us; this article reflects the current reality around the world. There.

A note about acquisition means:

For all intent and purposes, we will assume that the material in question is always obtained through the Internet simply because according to law enforcement information any other means of acquisition are so rare as to be almost non-existent.

CHILD PORNOGRAPHY - DEFINITION

We have to start somewhere and we choose to go for the definition of the first part of our article's title because it the easiest one; the issue of Child Pornography. We will do so because we need to understand what it is that we are talking about in the first place; the subject matter so to speak. Fair enough. So our first task will be to answer the question: what exactly is "Child Pornography"?

We have pondered this topic for quite some time and have developed what we call the three Classes of material suitable to be qualified as Child Pornography.

These classes are:

  1. Class I: Material which for the most part does not seem to classify as Child Pornography, but in certain circumstances, it may.
  2. Class II: Material which sits on the border. Whether or not it can be classified as Child Pornography depends heavily on the judicial system and the biases of the "agents of the law".
  3. Class III: Material which based on common sense can be classified as Child Pornography pretty much always… but not always.

This classification is different from the COPINE Scale or the SAP Scale (see Wikipedia) in the sense that it is compressed, allowing for a better generalization. However, rest assured that this article can be re-developed on the COPINE or SAP scales but such re-development would introduce numerous details that will complicate the main points unnecessarily. Furthermore, our classification emphasizes real-life situations and not merely legal requirements which are, oftentimes, ignored or unenforceable due to a myriad of loopholes introduced due to political conveniences and other issues.  We will subsequently further developed these Classes, a process which will bring more clarity.

Why is this classification important? Because throughout this article it will become quite obvious that different levels of sexuality (or lack of thereof) matters a great deal, alongside with the logistics of manufacturing such materials, which are vastly different for each Class.

However, before we even begin with this task, we cannot fail to notice that there is one giant problem from the onset. The giant problem in the room that nobody wants to talk about is that this point of view is a Western point of view, not an Eastern or Arabic or African or Asian or Latin American point of view. As such, this fact does not bode well for our efforts to obtain a clear definition. Nevertheless, we shall attempt to do our best.

Class I

This material typically includes photographs or films of naked, underage children in very naïve settings such as nudist camps or regular beaches. Or similar materials depicting dressed children in camping or trips or in amusement parks and so on. Again, very naïve circumstances. These materials would also include candid pictures and movies posted by underage children in social media networks and places as such. Think mainstream fashion magazines. Think school photos, family reunions and so on. Again, nothing of explicit (or even implied) sexual nature.

Within that context and generally speaking, in the West, such material would not be considered "pornographic". Or would it?

Consider the following. What happens when this material is presented as "pornographic"? And what happens if this material is downloaded by a person?

Would this kind of download make this person automatically "suspect" in the eyes of the "agents of the law"? It may. Could this be sufficient to trigger a warrant to search a person's dwelling? It can. Therefore by their actions, the "agents of the law" are defining what Child Pornography is. In other words, they create their very own subjective definition and this definition may or may not coincide with the legal definition.

But let's not get stuck in the West. What would happen with this class of materials in Africa, for example? Although many African countries have anti-Child Pornography laws in their books, they are seldom enforced. Why? For many reasons, three of the most important ones are lack of resources, having bigger fish to fry and rampant corruption of authorities. Not to mention the fact that in many African nations, the so-called "age of consent" although legally defined, it is in reality quite fuzzy where tribal and ancient "use and customs" apply. Thus, in Africa Class I material would not even raise an eyebrow. It would never be considered Child Pornography.

And now let's move to Arab countries. Most of these countries having laws that are based on religious (i.e. absolute) principles would consider these materials as high-ranking Child Pornography simply because such materials do not meet religious demands. In those places people gets thrown into jail, maimed or even beheaded for even looking at such material. Publicly. Of course. Behind closed curtains, well… things can change dramatically. Thus, in Arab countries in general Class I material would be considered Child Pornography but with a dual standard whereby in a private setting it may be tolerated.

And now, let's talk about the East. In the few countries where Western civilization took hold in the East, there are Child Pornography laws in the books but these laws are never enforced… unless there is political reason to do so. Why? Because nobody cares. Think, for example, countries belonging to the former USSR.

And how about in Asian cultures? In general terms, not a blip for several reasons which we will explore in the following classes. Lastly, how about Latin America? Not a chance. Think over-sexed Latin American culture.

And so, what can we conclude of Class I materials? Are they Child Pornography or are they not? Well, from the above facts it is clear that they are and they aren't. It all depends where you live and what your culture may be. In other words, the decision is a purely subjective one. Remember this; its important.

Class II

Class II material can be further separated into two Types; real and simulated.

Real material is typically composed of elements that have a large degree of similarity or parallelism in “standard” or "mainstream" (as in not illegal) pornography; this is, the “style” (if we can call it as such) which has been labeled as “barely legal”.  In standard (or mainstream) pornography, this refers to material of sexual nature which is undertaken by males or females which have become of “legal” age just recently. On the Child Pornography side of the equation, it is equivalent to material which typically makes use of underage child models to ostensibly “model” clothes or fashions in provocative poses. Let’s be clear. Technically speaking there is typically no sexual activity whatsoever although there is an undertone of eroticism… if there is a predilection or predisposition for such material. If the predilection or predisposing is not there, then such material can only be classified as dull and in bad taste and nothing more. And again, whether this is classified as Child Pornography in the West it is entirely in the eyes of the beholder. Of course, this has never stopped the “agents of the law” from taking an aggressive stance and persecuting and prosecuting the purveyors or users of such materials, even though such material stand at the edge of the illegal, but never inside.

But what would happen with this class of materials in Africa, for example? The same as with Class I materials. In Africa Class II material would not even raise an eyebrow. It would never be considered Child Pornography. Think scantily dressed people all around, all the time. Their culture is such that Real Class II material is below their normal, everyday sexual threshold.

How about in Arab countries? Same story as for Class I materials; they would be classified as Child Pornography although under a different legal label such as "indecency" or an affront to the "purity" of children.

How about in the East? Same as for Class I, not a blip. And, in Asian cultures? Not a chance, nobody cares. Lastly, Latin America? Not a chance. Same reasons.

 

Simulated is the second type of Class II material which is composed of cartoons or animation movies created typically by the Japanese depicting would-be underage children in sexual acts. This kind of material is called “hentai” or “lolicon” or "shotacon" (it also goes by a myriad of other names). This kind of material is completely legal in Japan, albeit with a twist; it must comply with their censorship laws. Yet, in several other Western countries, this kind of material is oftentimes classified as Child Pornography and as such illegal… but not always. And herein lies the problem. Japan could be considered a Western society in the sense of their industrialization and lifestyle. However, when it comes to sexuality, they do express vastly different points of view. For example, there are TV shows portraying sexual acts of closely related family members, acts that would be strictly illegal in other Western countries.

And now, let's go through our usual repertoire of countries. Africa? No. Arab countries? Yes (and how). East? No. Asia? No. Lastly, Latin America? It depends. Some countries in there couldn't care less, particularly in places where the ratio of women to men is significantly larger than 1:1. However, in other countries which claim to be "enlighted", it may actually be considered Child Pornography although enforcement is typically non-existent. And then again, there are exceptions such as Brazil.

In the end, the point of all this is simple, not even in the West there is a clear agreement of the meaning of Class II Child Pornography and even far less in other countries.

Note: please see the Glossary if you are unfamiliar with certain words.

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