SB 104-07: Self-Immunity Act (Passed)
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  SB 104-07: Self-Immunity Act (Passed)
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Author Topic: SB 104-07: Self-Immunity Act (Passed)  (Read 1723 times)
The world will shine with light in our nightmare
Just Passion Through
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« on: July 18, 2021, 05:06:42 PM »
« edited: August 06, 2021, 11:17:55 PM by Senator Scott, PPT »

Quote
AN ACT
To ensure people aren't put in jail for stupid reasons

Be it enacted by the Senate of the Republic of Atlasia assembled

Quote
Section 1. Title

This legislation may be cited as the Self-Immunity Act.

Section 1. Protection from Prosecution

1. No person may be charged with a crime for possession or distribution of a nude or otherwise obscene image taken solely of themselves, regardless of the age it was taken at.
2. All persons previously charged with such an offense which falls under the circumstances described shall have the conviction wiped from their record.
Sponsor: MB

The gentleman from the Northern Mariana Islands is recognized.
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Dr. MB
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« Reply #1 on: July 18, 2021, 05:09:40 PM »

This is a no brainer bill in my opinion. Images of yourself no matter how obscene they are should be exempt from possession and distribution of child porn laws. I’ve heard of teenagers who get arrested and charged with a crime for having their own nudes on their phone. Is it stupid to take and send them? Yes of course. But should people be fined or potentially even imprisoned for this? Of course not.
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #2 on: July 18, 2021, 05:17:12 PM »

Needless to say, people who do take nude or obscene photos of themselves often end up paying for it. Revenge porn is a terrible thing, and that is what law enforcement should be focusing on. The government should not add another layer of humiliation by boxing these teenagers in with real sex offenders and putting their entire livelihoods in jeopardy for an innocent mistake.
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« Reply #3 on: July 18, 2021, 05:50:44 PM »

Speaking of revenge porn, this bill gives us a great opportunity to ban it or mitigate it. The South has similar legislation, but I'm not sure if this is an issue the federal government can handle. If there aren't any constitutional problems, we should ban revenge porn federally and invest in prosecuting cases. With the caveat that the internet is extremely difficult to regulate.
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« Reply #4 on: July 19, 2021, 05:26:28 PM »
« Edited: July 19, 2021, 08:47:29 PM by Senator Scott, PPT »

I offer the following amendment:

Quote from: Amendment
Section 2. Ban on Revenge Porn

Every person who commits any of the following acts is guilty of a federal misdemeanor: “A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.”

Based on the California law.
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Pericles
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« Reply #5 on: July 19, 2021, 07:20:15 PM »

This seems rather broad, does it make sure sending nude images to actual minors is still illegal?
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Spark
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« Reply #6 on: July 19, 2021, 08:57:14 PM »

I disagree with this bill. I believe there should be a level of decency and to protect our citizens' privacy.
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #7 on: July 19, 2021, 09:51:24 PM »

I disagree with this bill. I believe there should be a level of decency and to protect our citizens' privacy.

Why should a minor be prosecuted for possessing a nude photo of themself but not of adults? How does this protect a person's privacy if somebody is choosing to send an image of themselves to somebody else?

My amendment would obviously strengthen privacy.
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Dr. MB
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« Reply #8 on: July 19, 2021, 11:30:55 PM »

amendment is friendly
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The world will shine with light in our nightmare
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« Reply #9 on: July 19, 2021, 11:35:07 PM »

Senators have 24 hours to object to the amendment.
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Holy Unifying Centrist
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« Reply #10 on: July 20, 2021, 07:50:32 AM »

Like MB said, I believe this is a no brainer bill. I support this bill and Scott’s amendment
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Spark
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« Reply #11 on: July 20, 2021, 06:20:46 PM »

I disagree with this bill. I believe there should be a level of decency and to protect our citizens' privacy.

Why should a minor be prosecuted for possessing a nude photo of themself but not of adults? How does this protect a person's privacy if somebody is choosing to send an image of themselves to somebody else?

My amendment would obviously strengthen privacy.

If that image falls into the wrong hands it threatens the minor's privacy rights.
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« Reply #12 on: July 20, 2021, 06:26:39 PM »

I disagree with this bill. I believe there should be a level of decency and to protect our citizens' privacy.

Why should a minor be prosecuted for possessing a nude photo of themself but not of adults? How does this protect a person's privacy if somebody is choosing to send an image of themselves to somebody else?

My amendment would obviously strengthen privacy.

If that image falls into the wrong hands it threatens the minor's privacy rights.

Yes. That's why you go after the people who exploit those images, not kids sending their own nudes.
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« Reply #13 on: July 21, 2021, 05:16:46 PM »

Hearing no objection, the amendment is adopted.
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SevenEleven
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« Reply #14 on: July 22, 2021, 02:18:40 PM »

This is common sense, people should be able to photograph themselves.
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Sestak
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« Reply #15 on: July 22, 2021, 08:27:53 PM »

Question. Are we effectively legalizing teenagers selling their nudes here? Personally I would oppose such a thing and would urge the Senate to ensure the language of the bill doesn’t end up doing that.
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« Reply #16 on: July 22, 2021, 08:47:51 PM »

Question. Are we effectively legalizing teenagers selling their nudes here? Personally I would oppose such a thing and would urge the Senate to ensure the language of the bill doesn’t end up doing that.

I can't really read that into the text. Possession and distribution of child pornography is already illegal. And if a minor were selling their nudes for money, the website responsible for hosting them would be forced to ban them from using the site.
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Dr. MB
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« Reply #17 on: July 28, 2021, 08:12:52 PM »

I’d like to motion for a final vote here
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The world will shine with light in our nightmare
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« Reply #18 on: July 28, 2021, 08:58:55 PM »

A final vote will open in 24 hours.
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AGA
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« Reply #19 on: July 28, 2021, 08:59:56 PM »

A minor grammatical change. "Themself" is recognized as a word by most dictionaries. Senator Scott should be able to make this change without waiting for 24 hours.

Quote

Section 1. Protection from Prosecution

1. No person may be charged with a crime for possession or distribution of a nude or otherwise obscene image taken solely of themselvesf, regardless of the age it was taken at.
2. All persons previously charged with such an offense which falls under the circumstances described shall have the conviction wiped from their record.
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #20 on: July 28, 2021, 10:49:45 PM »

A minor grammatical change. "Themself" is recognized as a word by most dictionaries. Senator Scott should be able to make this change without waiting for 24 hours.

Quote
Section 1. Protection from Prosecution

1. No person may be charged with a crime for possession or distribution of a nude or otherwise obscene image taken solely of themselvesf, regardless of the age it was taken at.
2. All persons previously charged with such an offense which falls under the circumstances described shall have the conviction wiped from their record.

Thank you. Noted.
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Sestak
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« Reply #21 on: July 29, 2021, 04:55:12 AM »

Question. Are we effectively legalizing teenagers selling their nudes here? Personally I would oppose such a thing and would urge the Senate to ensure the language of the bill doesn’t end up doing that.

I can't really read that into the text. Possession and distribution of child pornography is already illegal. And if a minor were selling their nudes for money, the website responsible for hosting them would be forced to ban them from using the site.

You seem to be missing something here; a site itself doesn’t have to be used. They could easily use a messaging service that can send images or videos. iMessage and WhatsApp, for instance, are both end to end encrypted and thus they literally have no way of checking if nudes or pornography depicting minors have been sent.

Effectively, one of three things has to happen:

1. Children are free to sell their nudes or actually be their own pornographers with essentially minimal legal restriction.

2. Either explicit or backdoor (by imposing penalties on services through which these types of images are sent) ban on end-to-end encryption. This is a serious privacy breach and also undoes the rest of the bill entirely - these services will have no way of distinguishing between paid and unpaid nudes and will be forced to block all of them anyway.

3. The distribution exception is limited only to distribution “not involved in commercial activity”.

I hope everyone can see why the first two options are undesirable.
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The world will shine with light in our nightmare
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« Reply #22 on: July 29, 2021, 02:33:50 PM »
« Edited: July 29, 2021, 03:53:17 PM by Senator Scott, PPT »

Here's a new amendment to ban commercial distribution of this type of content; thank you to the former president:

Quote from: Amendment
Section 1. Protection from Prosecution

1. No person may be charged with a crime for possession or non-commercial distribution of a nude or otherwise obscene image taken solely of themselves, regardless of the age it was taken at.
2. All persons previously charged with such an offense which falls under the circumstances described shall have the conviction wiped from their record.
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Dr. MB
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« Reply #23 on: July 30, 2021, 01:10:36 AM »

No objection to the amendment
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The world will shine with light in our nightmare
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« Reply #24 on: July 30, 2021, 01:54:53 AM »

Senators have 24 hours to object to the amendment.
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