The deal with Handley, is that it’s isolated as far as cases go, so most people won’t be impacted immediately. Unless Customs or the Post Office starts examining EVERY item that comes from Japan (unlikely with the budget cuts they’re getting), people like Handley will be a once a year event. Unfortunately there’s always that chance, the “lucky winner” could be you. Odds are probably equal to winning a multimillion dollar lottery though.
I think a more likely scenario, is that if you’re being investigated for something (not paying parking tickets), and the cops want to just drop – they might discover the obscenity by accident. Or if your laptop is random chosen by airport security for a 72 hour search. The whole deal is that if you’re caught, you’re automatically guilty, and it doesn’t matter if you’ve been an upstanding citizen or not. So if you’re a 100% law abiding citizen and keep a low profile (don’t keep ordering eroge from Japan every week), you’re probably 99.99% safe. However the problem is that you shouldn’t be afraid of getting caught in the first place. It’s funny how people will say screw the government, until the government is staring right at them and demands they say that to it’s face… in which case, like Handley, most people punk out and submit to the government.
It’s not really a case of if you’re afraid of the government or fearmongering (such a politically popular word these days): but why you let your government do this to people.
Not to pick on you, but B173 M3 seems to misunderstand the circumstances of the case. There was no “random ass” ruling. Handley simply gave up. Once you ignore all the smoke and mirrors, obscenity laws are pretty clear in the US. You can own obscenity in privacy. There’s no law against that. You can’t transport obscenity outside your privacy (that includes uploading/downloading), reveal obscenity to the public, or conduct transactions (sell/buy) obscenity. Therefore ordering obscenity from Japan means you’re guilty. Discussing about obscenity from Japan means you’re guilty (not kidding… look it up). There is no defense plea. Thus the circumstances with Handley.
In a lot of ways it’s like digital piracy. No big deal unless you’re caught. But if you get caught? You’re fucked. Rather than just play Russian Roulette, I’d like to take the gun outta the government’s hands. The laws are indeed stupid, but obviously if people don’t care, the laws won’t change.
It’s all about self interest and being selfish really. Out of self interest, people who enjoy obscenity should be fighting to prevent something like Handley from happening again. Out of selfishness, people who enjoy obscenity don’t care what happened to Handley, because they weren’t caught themselves.
I choose other… not because I’m going to continue ordering obscenity - moot point since the “questionable material” companies I liked are generally being banned in Japan anyways - but for the reason that Handley only causes me to advocate and campaign against obscenity laws even stronger. I’m not going to sit around and give the government the finger, while hiding behind a closed door because I’m afraid of my own government.
On a sidenote: Max Hardcore is fighting a major obscenity case and has gone to the 11th Circuit Court of Appeals. He’s got the money (and obviously lots of time) to fight it… so it’s really a matter of the legal system and constitutional laws. Not matter how that turns out, I’m sure the next stop would be the US Supreme Court.
One person puts it best…
Hate the man; just don’t succumb to losing your rights because you hate him.
