Under the law, what is defined as "child pornography" extends far, far beyond actual images of child sexual abuse. A teenage girl taking a nude picture of herself in a suggestive pose, for example, is not a child being sexually abused. But the law still considers that child pornography.
>and how this abuse causes no harm, and how it should be fine for people to make and possess and distribute these images of abuse
Can you show me one example of someone on HN (with an un-hellbanned account) claiming that child sexual abuse is harmless, or that producing non-simulated images depicting sexual abuse is fine?
What's the issue with using "child pornography" to denote "images of child sexual abuse"? It's not like child pornography has undergone some fluffy rebranding that makes people go "oh yeah that's cool!"
If anything, "child pornography" will probably set off a quicker, harsher reaction than "images of child sexual abuse." The latter is almost clinical in its approach: people will spend a couple seconds parsing it to try to figure out what it means, while child pornography evokes a very visceral, gut reaction. Using your preferred phrasing seems weird enough that, if not for your context, I might assume the user was trying to create a subcategory of child pornography that's real "child sexual abuse," implicitly also creating a complementary subcategory of some kind of legitimate child pornography that's somehow not abusive.
Obviously not what you're doing, so what's the motivation, here?
You sound like someone who spends a lot of time in the SRS bubble on reddit (I see this argument from them all the time). In that same vein I would just like to point out that its rather ironic that people who spend their time analyzing social issues to death in attempt to tease out nuance and increase understanding of complex issues (e.g. I've only ever heard the term cisgendered on reddit) would balk at an increased understanding of human sexual deviances. The fact is ephebophilia is clinically and socially distinct from pedophilia. Anyone who refuses to recognize the distinction is doing so for purely political reasons. Someone who would chastise one for using the term ephebophilia, while in the next sentence shove the term cisgendered down another's throat, seems absurdly self-serving.
The abuse carries harm. The images however,do not. If they did, how would it be legal(as it is) for me to download a video of two guys killing another one, stabbing him in the eyes and the throat with a screwdriver? This is also a video of a crime, yet one is legal and the other is not. I tend to agree with the article I linked here - it's because we(as a society) would rather make the very existence of information illegal, because it does not go well with our morals, and not because it's a logical thing to do. Ban on cp is actively(as in - right now) stopping predators and criminals from being caught.
That was the dubious argument made decades ago, when the only way to obtain pornography of any kind was to purchase it. In today's world, it is far more common for people to download child pornography without ever having paid for it. People are arrested for downloading such videos from peer to peer file sharing networks all the time, almost always without any evidence that they paid for it, knew who made it, or were in any way encouraging its production. Just having child pornography in your browser cache is sufficient to be charged in New York.
It is clear at this point that the purpose of child pornography law is not to protect children, but to punish adults regardless of whether children are involved. It is illegal to possess cartoon depictions of child pornography, even if you possess no other imagery:
http://io9.com/5272107/manga-collection-ruled-child-pornogra...
http://www.comicsalliance.com/2011/06/27/u-s-citizen-arreste...
Like most laws that increase police power, this has gotten completely out of control and put the public in danger.
It is important to remember that child pornography is evidence of a crime. People do not send that evidence to others without receiving compensation of some sort; the knowledge that others are looking at the images is knowledge that they have evidence of the crime. The people who commit crimes against children are very secretive, and those who produce child pornography often go to great lengths to remain undetected. It is clear from what is known about online child pornography exchanges that trade of some kind is occurring, often serving a dual-role of compensation and of filtering out law enforcement officers.
That is the real issue: these people know that once their photos and videos spread around, the police will become aware of them. Rather than knowing that people enjoy their work, what the producers of child pornography know is that their work can lead to their arrest. They are exchanging it because they are receiving enough in return to justify such risks.
The original legal justification for the censorship of child pornography was to remove that compensation, since the police were having so much trouble locating child pornography producers. My point is that that justification is now badly in need of review, because the majority of people guilty of child pornography possession did not compensate the producers in any way. I have no problem with raids on forums where child pornography is exchanged quid pro quo; my problem is with raids on people suspected of downloading child pornography from peer to peer networks or third/fourth/fifth/etc. hand websites that are many levels removed from the producers. At the very least, prosecutors should be required to show that the imagery was paid for in some way, whether by barter or with money.
I have vague recollections of the case that decided that simulated images were legally equivalent to the real thing. It was a pretty hot topic at the time with a lot of debate going on. Had the people involved come with a different interpretation of the law at the time, I don't think it would be considered illegal today.
And as it has been mentioned before - possession of CP was made a criminal offence back when the only way to get it was to pay for it. Nowadays, you can easily find it online, for free - without knowing who created it. So making it illegal is by no means helping anyone catch producers of child porn. It's not like making cp legal would suddenly make it ok to rape children.
Police don't need people to report CP on 4chan--they can easily monitor 4chan themselves. (or any other public site)
It's useful when they find thousands of photos and videos that are recent and not publicly available, on a person's HD. Since possession is a crime, they can plea that person into turning over their supplier, then roll him too--hopefully traversing the network to find the person who is actually making the photos and videos.
Actually, I'd prefer it if people stopped spreading hateful lies about how acceptable images of child sexual abuse are, and how this abuse causes no harm, and how it should be fine for people to make and possess and distribute these images of abuse; and if they stopped spreading FUD about how taking a photo of a man raping a child to give to the police would mean you'd be arrested, but I realise that apologists for paedophilia[1] are very vocal on the Internet.
> In the US recording child pornography usually carries a larger penalty than raping a child.
Do you have any citations for this? Specifically, a crime where a person has been given a longer sentence for recording images of child sexual abuse when that did not also involve carrying out the child sexual abuse?
[1] don't fucking dare try to start with the ephebophila nonsense.