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Re:Man jailed 16 months, and counting, for refusing to decry... by literallycancer on Sunday February 12, 2017 @06:54PM (#13631976)
>his failure was allegedly looking at child pornography

FTFY

It doesn't matter what they accuse him of, until they prove it, he's innocent.

Re:Man jailed 16 months, and counting, for refusing to decry... by dbg31415 on Sunday February 12, 2017 @07:03PM (#13632012)
Thanks.

I don't care what the charge is, if the government can not prove their case without compelling the person to testify / provide evidence against himself the judge needs to throw that case out. This is terrifying that anyone could be jailed for using what anyone would consider their 5th amendment right.

Re:Man jailed 16 months, and counting, for refusing to decry... by hyperpape on Sunday February 12, 2017 @08:23PM (#13632393)
He's innocent in court (and my non-lawyerly (aka worthless) sense says the fifth amendment favors him).

But we're not a court, and our standard for speech shouldn't be "beyond a reasonable doubt". The parent poster was right. His failing was looking at child pornography.

Re:Man jailed 16 months, and counting, for refusing to decry... by sgift on Monday February 13, 2017 @03:15AM (#13633852)
What should our standard be? Being accused equals being guilty?

Tread carefully. The protections you give others are the protections you'll enjoy yourself if needed. And hoping you'll never need them is a very shortsighted strategy.

Re:Man jailed 16 months, and counting, for refusing to decry... by imcoconut on Monday February 13, 2017 @01:54PM (#13637727)
Well said.
Re:Man jailed 16 months, and counting, for refusing to decry... by jonathanstrange on Monday February 13, 2017 @04:54AM (#13634200)
But we're not a court, and our standard for speech shouldn't be "beyond a reasonable doubt". The parent poster was right. His failing was looking at child pornography.

That's what you think until you're falsely accused of such a crime...

Re:Man jailed 16 months, and counting, for refusing to decry... by hyperpape on Monday February 13, 2017 @02:42PM (#13638077)
For everyone who's poo-poohing this, go read the government's brief (https://arstechnica.com/wp-content/uploads/2017/02/fedsrawls...). There are logs that show him visiting child pornography groups, there are recorded requests of him accessing files whose hashes matched child pornography, his sister says he showed her child porn and told his entire family that he had a problem with child pornography, and he admitted that he may have been emailed child pornography.

Now, replace child pornography with any other thing. Would you question me saying that he'd been downloading that thing?

Re:Man jailed 16 months, and counting, for refusing to decry... by EdHominem on Sunday February 12, 2017 @11:39PM (#13633164)
Says who? Neither of us saw it, so we can't know.

There's a procedure though that we use to determine the likelihood of someone's guilt, based on evidence and legal arguments. Would you like to hear about it?

Re:Man jailed 16 months, and counting, for refusing to decry... by dllthomas on Monday February 13, 2017 @12:10AM (#13633260)
I think it's legitimate to say, in a discussion like this one where we're not dealing with punishment, that we should hold to a weaker standard (preponderance of evidence?) than should a criminal court.

That said, as far as I'm aware the only evidence we've seen is that he's been accused of the crime. I don't what portion of accusations are false (or even a proxy like conviction rate in comparable situations).

Re:Man jailed 16 months, and counting, for refusing to decry... by Freak_NL on Monday February 13, 2017 @05:02AM (#13634229)
That might seem reasonable at first glance, but it tends to turn into a witch hunt — especially with modern day communication channels.

That is, you are effectively dealing with punishment (by treating a suspect as a criminal and tarnishing their reputation before being convicted) by not applying the same rigour as the courts.

Re:Man jailed 16 months, and counting, for refusing to decry... by dllthomas on Monday February 13, 2017 @01:07PM (#13637352)
I agree that social condemnation - especially mass condemnation - is a form of punishment, and should be treated with corresponding care. But I reject the attempt to extend that to all related reasoning - it is specifically a question of requiring a high confidence for punishment.
Re:Man jailed 16 months, and counting, for refusing to decry... by sjy on Monday February 13, 2017 @09:56AM (#13635647)
There's a lot more evidence in the government brief, which was linked in the article.
Re:Man jailed 16 months, and counting, for refusing to decry... by dllthomas on Monday February 13, 2017 @12:58PM (#13637286)
Fair enough.