Author Archives: Michael Froomkin

Generally speaking, I am against laws that prohibit 'victimless' crimes, although my idea of what constitutes 'victimless' may be quite different from yours, especially if you are a particular kind of libertarian. I am, for example, perfectly prepared to entertain supporting laws banning activities in which the only immediate victim is the perpetrator, so long as a likely consequence of the activity is something that might harm the rest of us — or cost the rest of us money. Thus, for example, I support motorcycle helmet laws because the accident victims end up in public emergency rooms…and sometimes become public charges for years if the injuries are serious.

And I support laws against child pornography produced with real children. Not because I am convinced by the evidence that the material harms the people who acquire it or that it encourages to go out and hurt children (although the latter, if proved, would be a good reason for the law)—from what I've read, it seems at least possible that as many folks sublimate with the virtual stuff and leave the real kids alone. Rather, it seems pretty clear to me that the production of the stuff hurts the children used to make it in all sorts of ways, and that this alone suffices to ban its manufacture. It follows that one bans sale and perhaps also exchange and even possession in order to reduce demand. (Note that this means that the case for banning virtual child porn (i.e. the fake stuff) seems less strong to me.)

What then to make of the latest child porn case reported in Pittsburgh? (Updated)

Continue reading →