More Sex Angst Roundup
Thursday, November 29th, 2007( Almost all illustrations in this post, including the black-and-white nude, are computer generated and do not portray real people. Some virtual images are reproduced from work published by Dartmouth College Professor Hany Farid … see below for more about him.)
More of the latest sex-pol research and news: from studies of young people and sexuality, to Constitutional controversies about pornography record keeping, virtual vs. real child porn, and sex offender civil commitment law
According to a Nov. 11 Washington Post article, a new study from the University of Virginia finds that youngsters who have consensual sex in their early-teen or even preteen years are less likely to end up delinquent than those who lose their virginity later. In part, say the researchers, this could be because sexual relationships may offer an alternative to trouble.
Virtual clothing mannequins from H&M
The Virginia study will appear in the March 2008 issue of the Journal of Youth and Adolescence.
The study’s investigators acknowledge the dangers of having sex early. For example, young adolescents are less likely to use condoms than older people, which puts them at risks for STD’s and unwanted pregnancy. But, the researchers note, other nations mitigate these risks through sex education. Meanwhile, U.S. sex ed funded by the federal “abstinence only” budget must hew to a curriculum that links sex to delinquency, and allows no talk of birth control.
Speaking of America’s anti-sex-ed political culture, Advocates for Youth reports on its blog that the Democrats have been utterly craven lately. A recent report, from the Democrat-controlled Labor Health and Human Services Appropriations conference committee, includes the full $28 million increase requested by President Bush for abstinence-only-until-marriage-programs. “The Democrats have now granted the president and his anti-sex education zealots a whopping $141 million dollar budget for abstinence-only programs — something they could never achieve even under a conservative Republican Congress!” Advocates for Youth notes.
“Never mind the congressionally-mandated evaluation released in April showing abstinence-only programs have ‘no impact on adolescent behavior,’” Advocates continues. “Never mind the 2006 study by the Society of Adolescent Medicine which stated that these programs ‘threaten fundamental human rights to health, information and life.’ Never mind the 2004 report from Congressman Henry Waxman’s (D-CA) oversight committee demonstrating that 80% of abstinence-only programs contain ‘false or misleading information.’ Never mind the 13 governors who have refused abstinence-only dollars because they see no reason to use precious state dollars to match federal funds for programs that simply do not work.
“With one breathtakingly cynical move,” says Advocates, “the Democratic leadership has now stamped its brand on one of the biggest ideological boondoggles in congressional history.”
Meanwhile, the kids keep on trucking, doing who knows what? Do we really want to know? — God forbid, it might turn out to be boring! That’s the suggestion of yet another new study, of 18 to 24 year olds. It was reported on by Adult Video News (AVN) — the trade mag of the porn biz. According to AVN, which cannot possibly be happy about this, the research finds that young adults’ visits to internet porn sites over the past couple of years have been decreasing.
Visits to porn sites dropped from 16.9 percent of all site visits in the U.S. in October 2005 to 11.9 percent as of the same time this year. That’s a 33 percent decline.
Why the drop? Members of the Gen Y demographic, one researcher says, are increasingly hanging out in social networking sites. They’re probably “too busy chatting with friends to look at online skin.”
Of course, some young adults (not to mention their elders) are taking pictures of their own skin and posting the results to amateur porn sites, or just stashing the product in their sock drawers. Until this month, anyone who took photos or videos such as these was supposed to go through an elaborate legal process, defined by a federal law popularly called 2257. That process involves inspecting the models’ and performers’ IDs to confirm they’re over 18, making copies of the IDs, and keeping them on file for government inspection. But due to a recent higher court ruling, 2257 has just been struck down in several states.
For years, 2257 has taken up a lot of the adult porn industry’s time and resources. In addition, the law theoretically applies to amateurs – even to husbands and wives out to spice up their conjugal fun. As technology and law writer Declan McCullagh, of CNET, explains: Under 2257, “An adult couple taking a single erotic photo of themselves with a digital camera in their own bedroom is required to (a) inspect their own government-issued photo identification; (b) ascertain that they’re at least 18 years old; (c) photocopy their own IDs; (d) photocopy the erotic image; (e) file this information in physical form; (g) display the date and a street address “prominently” in their files; (g) open these files to agents of the Justice Department without advance notice. If they don’t take each of those steps, both members of the couple, according to the law, are subject to a federal felony–up to five years in prison, as well as fines.
Whew!
But in November, the 6th Circuit Court of Appeals struck down 2257, ruling that its record-keeping requirements are overly broad and violate Americans’ free-speech rights.
The ruling covers several states, including Tennessee. This is where one of the defendants uncovered by Kurt Eichenwald’s work on the Justin Berry case was doing business when he was charged with helping Berry run a porn website that contained illegal images of a 14 year old. The defendant, Timothy Richards, was charged with and convicted for crimes including violations of 2257. In his defense, Richards claimed he didn’t know that the 14 year old was underage, because Justin Berry posted a fake 2257 disclaimer, asserting that the model was over 18 and he had records to prove it. The government didn’t buy Richards’ claim about being duped by Berry. Neither did a jury.
Now, Richards plans to return to court to argue that his 2257-based convictions should be overturned.
Interestingly, documents that emerged this summer in legal actions related to Richards’ case indicate that then New York Times reporter Eichenwald was using privileges as an administrator on the same illegal site that Richards was helping Berry operate – the one with the 14-year-old porn model (for details, see here, here, and here). According to his own statements, Eichenwald was involved in this child porn administrative role as a “private
Sex offender demographics map
citizen,” not a reporter doing research.
Because of the 2257 violation, he is theoretically also subject to being criminally charged — just as Tim Richards was. Earlier this year, a DOJ prosecutor and an FBI agent attended a court hearing related to Eichenwald’s involvement with the site, but would not say if he was being investigated. (Just after that hearing, Eichenwald retained a criminal defense attorney.)
Now, with the 2257 requirement overturned in Tennessee, anyone residing there who’s in Eichenwald’s shoes might breathe a little easier. On the other hand, Eichenwald lives in Texas, a state not currently subject to the circuit court ruling that overturned 2257. Time will tell whether 2257 is overturned nationwide.
And speaking of child porn laws – this is a little dated, in October October the New York Times interviewed Hany Farid. He’s a Dartmouth College professor who tries to do quantitative analysis to figure out whether photographs have been altered. Discussing his work (click here to see some), Farid remarked that he has “been an expert witness in several child pornography cases.”
Back in 2002, the Supreme Court ruled that possession of computer-generated child porn is protected under the First Amendment because it doesn’t depict real children, but instead is built by morphing adult bodies to look younger, or it’s made completely from scratch.
Images of children in sexual poses are repugnant to most people, to put it mildly. But so are many other images we all are legally permitted to view. (Personally, I get especially sick when I see pictures of sexual assault from Abu Ghraib, or the photo of the naked little girl running from the napalm attack during the Viet Nam war.) Those items are protected speech – covered by the First Amendment. Child porn is not protected because traditionally, in order to create the material, sex crimes have been perpetrated against real minors. The images would otherwise not exist. Child porn was outlawed to discourage manufacture of a product that’s predicated on actual minors being made to perform sexually — when by legal definition they cannot consent to such acts. The reasoning may be arguable to First Amendment absolutists. Still, it’s serious reasoning.
But what happens now that we’ve got technology to make “virtual” images of people, even children, doing anything — even sex? In other words, what happens when kiddie porn contains no kids?
It’s possible to produce fake but real-looking images, Farid told the Times. And now defendants in child pornography cases – particularly when they involve material from the internet – are arguing that what they got caught with is virtual. Which would make it not illegal. The government has the burden of proving otherwise.
“So now in these cases,” Farid continued, ”defense lawyers will sometimes argue that the images aren’t real. So far, I have only testified on the side of the prosecution.”
What Farid and the Times omitted is that a judge in at least one child porn prosecution has rejected Farid’s work and deemed it unreliable. CNET’s McCullagh reported several months ago about Massachusetts resident Rudy Frabizio. He was indicted after his employer found sexually explicit images on his computer that appeared to involve minors.
When Fabrizio contested the government’s claim that all the images portrayed real children, the FBI contacted Professor Farid and asked him to run one of his analysis programs on the porn. But Frabizio’s lawyers discovered that Farid’s program had a 30 percent error rate. The program often classified a real photo as computer generated. It also classified a cartoon image as real.
The government opted not to use Farid as a witness and tried to replace him with an FBI agent who said he could tell which imagery depicts real children, versus which is fake, simply by looking.
U.S. District Judge Nancy Gertner rejected that claim. “In a world of rapidly changing technology,” she ruled, “where the availability and use of Photoshop and other, similar programs is widespread, substantial evidence suggests it may be possible to digitally create or manipulate photographs in a manner the naked eye cannot detect. The government has not shown otherwise.”
What we have here is terra that’s mostly incognita, in which we need to think and rethink our child porn laws. How do we protect real children from sexual exploitation, while also protecting free speech as much as possible? To figure this out, lots of questions need to be answered. But first, they have to be asked. And that can be unpleasant.
For instance, all those people who want to see child porn: can they be sated by looking at virtual imagery that doesn’t exploit actual kids? Or must they have “reality” to feel happy? (This is dark variation on the same question television and Hollywood execs happily mull when it comes to mainstream media desires. Witness the public’s fascination with “reality TV” and with trying to tell the difference between “truth” and mere “acting.” In response, witness also the mainstream’s ever more sophisticated attempts to play tricks with our perceptions…often to our great delight.) (By the way, the graphic to the left does represent a real person, a suspected sex offender. Interpol puts scrambled images such as this on the Net, with an unscrambler code to facilitate identification and apprehension of the suspect.)
We don’t know much about people who harbor fantasies about sex with minors. What in the world goes on in their heads? We don’t know what percentage act their fantasies out criminally, versus how many just keep everything in their imagination. If it were to turn out that most do the latter, then — creepy as it sounds to the rest of us — it might do the world some good to give them fantasy images in which no real children are victimized.
But if any kind of image, even virtual, tends to provoke illegal sexual behavior against minors, we would want to seriously consider outlawing even fantasy material.
The problem is, we don’t know what’s what. There’s little research on the psyches or behavior of adults who are sexually attracted to minors (prison studies hardly count: incarcerated populations are notorious for telling researchers what they think they’re supposed to say, instead of what’s the truth).
Instead of high dudgeon and moralism, we need more and better research about people who are sexually attracted to those much younger than they, and what makes them tick. Until we know better, we won’t be able to help adults stay away from children And children will remain at unneeded risk for exploitation.
Professor Farid’s work has been funded by the federal government. No doubt he’s back at the drawing board.
Sex offender “buffer” map of Iowa City, computer generated
The rest of us should be, too. We should be pressuring the feds to fund scientifically sound, critical inquiry into human sexuality.
Don’t hold your breath. Let it out and let’s revisit the sex offender civil commitment controversy. The government was back in court in November in North Carolina, opposing a judge’s September ruling that sex offenders can’t be held in federal prison after they’ve served their sentences.
The ruling responded to a court order handed down on behalf of five convicts incarcerated at a federal sex offender prison. The feds said they were “sexually dangerous” and therefore needed to be civilly committed in mental hospitals – possibly for the rest of their lives. Civil commitment was approved under the federal “Adam Walsh” law, enacted last year.
But the judge said that to commit a person indefinitely, the government would have to prove beyond a reasonable doubt that he or she is “sexually dangerous.” In an earlier order, the judge wrote that “there is serious question as to whether the federal government could ever prove beyond a reasonable doubt that an individual is both suffering from a mental illness or abnormality such as pedophilia and unlikely to refrain from sexually violent conduct in the future as a result of that illness.”
For now, the ruling affects only eastern North Carolina. But there’s a big prison there for sex offenders, Butner. It’s one of only a handful of such federal facilities in the nation.
Meanwhile, an inmate strike and protest is going on at a similar place in California. Sex offenders who’ve been civilly committed to a state hospital for sex offenders in Coalinga have been refusing food and engaging in other civil disobedience since the summer. According to a long article in the Los Angeles Times, they’re complaining of lack of psychotherapy services; many also feel it’s unconstitutional in the first place to be locked up after serving their prison time.
I still get asked about David, whom I wrote about in
Jose recounted being on the street in Queens last month and witnessing what he described as an immigration raid conducted on a main thoroughfare. He said police were involved. I found this hard to believe, since NYC has a policy prohibiting cops from checking immigration status. After David and Jose left and the dishes were washed, I got on the Net and did some checking.
It was less a raid than a dragnet: Police and FBI agents threw fencing around an entire block in Jackson Heights and started questioning people trapped inside. Yes, authorities were looking for sellers of fake drivers licenses and social security cards — items commonly purchased by immigrants so they can work. But the dragnet provoked rumors that other people besides forgery vendors were being busted, simply because they’d got caught up in the fencing and were undocumented. The operation took place on 84th Street and Roosevelt Avenue, a busy shopping area. It caused panic.
A few days after the dragnet, David said, he and Jose were in a cafe near the West Village. While they were waiting for their order, in walked two men in ICE uniforms (ICE is “Immigration & Customs Enforcement” — the new, official name for what Mexicans call “la migra”).
It won’t be long before big, beefy
Writer David France was on (
(On the Lehrer program, Eichenwald lavished ad hominems on me, as is his wont. The show must have felt embarrassed, because later they invited me to be on — but warned that I was not to talk about Eichenwald … not about the same issues that France would subsequently discuss in Boston. I argued about this restriction with a Lehrer producer, but ended up agreeing to appear (
Back to the Boston interview. On the radio, France (shown at left) brings up new material that did not appear in New York Magazine. He provides more detail about Eichenwald’s involvement with a web site that turned out to have illegal material on it. He gives critical context to Eichenwald’s claims about epilepsy induced memory loss. He speaks at some length about men who were convicted based on Eichenwald’s misguided reporting — and he expresses sympathy for these men’s legal plight, as well as skepticism about the fairness of the long prison sentence one of them faces. Most of all, France focuses on the various tragedies and outrages that occur when emotion and moralism get in the way of competent reporting.
I dropped by the
Also up was Sameer Padania, of the brand new site
“Homegrown terrorism” is “the use, planned use, or threatened use, of force or violence…to intimidate or coerce” — among other entities — “the United States government….in furtherance of political or social objectives.”
Margaret Mead would be proud of how her festival is promoting all this online ferment. Granted, she knew nothing about the internet, and most pictures of her make her look very unhip and old. (Though I think the one I mounted at the top of this post is exceptional.) I look pretty old, too, and so does Naomi. OK, well, let’s just say old enough that we know how to spell.
And oh yeah, Mead was a lesbian. Plus, a feminist.
To get to Carrollton, the suburb just north of Dallas where my sister lives, you have to drive through mean little Farmers Branch. Which is yet another burb, lately in the news because the town has been trying to keep landlords from renting apartments to “illegal aliens.” I passed through Irving, Texas too – where police are stopping people for the tiniest infractions, demanding papers, and turning those without immigration documents over to federal authorities so they will be deported.
Times (The Dallas Observer) and went by the Mexican consulate to snap a picture of someone reading Gustavo Arrellano’s “Ask a Mexican” column so I could send it to Arrellano and get a free copy of his book (alas, I have since learned he already has a picture of the Dallas consulate). If you dial the phone number of that overworked agency, you often get a message, in Spanish, that you should leave your name and number if you’ve been a victim of the dragnets, and someone will get back to you.
On Sunday morning I went botanica hopping in Oak Cliff, a section of Dallas that appears to date from the 1920s to 1940s. Botanicas sell candles, herbs and powders, as well as statuettes and prayer cards depicting the saints. Botanica magic is based on European folk practice, syncretized with African and indigenous healing and spell casting in pre-Columbian and slaveholding Latin America. According to my mom, my grandmother was into the Old World version — as well as Old-to-New-World immigration. She bribed and sneaked her way out of one of the early-20th-century progroms in Kishinev, where dozens of Jews were murdered. She escaped by masquerading as a peasant (complete with over-the-top crucifix jewelry) and hiding, for a price, under hay in the wagon of a farmer (Bessarabia’s version of today’s coyote). Her own mother gave birth to 20 children and lost 11. To save the other nine from sickness, she wore a garlic chain around her neck. I am here because of such ignorance and hope. Botanicas, even in Dallas. They’re a national treasure.
One, a packet of “Pancho Villa powder,” responds to undocumented immigrants’ lack of access to decent health care here in the U.S. Back in Mexico, there’s a Pancho Villa miracle sect, in which ailing people gather to worship the fabled revolutionary, hoping they will get well. I went to a prayer and healing ceremony once in Cd. Juarez. The main event was the playing, on a thrift-store machine, of an old 33 rpm record of “steed music” — songs dedicated to Villa’s favorite horses.