The Senate just cleared the way for House vote on the Amy/Vicky Act. I am wondering if they even read the bill. It was a YES from every Senator. I still can’t believe it.
It was written so poorly and the bill is so vague.
Amy and Vicky were both victims of child porn. I hate child porn. It’s horrific. Yet, I also want to preserve civil liberty and this bill has huge problems.
Amy went after and sued in court all of those with her image on their computer. After going after her uncle, the perpetrator, she then went after everyone possessing her image to compensate her ongoing needs to deal with the abuse. I get that. But, the judges could not agree on actual harm or causation and could not agree on dollar amounts in restitution as she went from court to court.
So Congress decided to step in and do a one size fits all legislation to make the compensation one singular amount and even though a person has not been charged with a crime or convicted, a person even possessing her image through a download, can now be subject to going to court and having to pay restitution in the amount of 250,000.
Not convicted. Not charged. They just have to pay.
Can you see the potential abuse with this? What about hackers that put an image on a computer and then exhort money from people telling them they will be reported. What about vendettas from ex husbands, ex wives, ex employees that seek to make people pay up by putting an image on their computer and reporting them. Someone one have to pay these restitution charges for the rest of their lives. Even if they are innocent.
One man, Doyle Randall Paroline, that Amy sued in court, had to pay Amy over 3.4 MILLION dollars and he said he does not know how the image got on his computer. He had no priors, No previous problems with child porn. Nothing. His lawyer warned in the press that this could spiral out of control. His client was never charged with a crime, but had money so he had to pay her full 3.4 million dollar asking price.
He didn’t traffic the image. He didn’t take the pictures. At the worst, he viewed it, but how is that worth 3.4 MILLION in damages to the victim. The real perpetrator was the person who took these pics and uploaded them. This will not eradicate child porn, this will just incriminate people who could very possibly be innocent. What if an image is accidently downloaded? This bill states that even if the person is unknowingly possessing it on their computer. Wow.
Have the Senators read this bill? Have they contemplated the potential abuse?
George Washington University law professor Jonathan Turley favors this stricter approach. A constitutional law expert and criminal defense attorney, he believes that in the case of child pornography possession the law requires a more direct show of harm to victims like Amy.
“The interpretation of proximate cause in these restitution judgments is so broad as to be practically indefinable,” he says. “But proximate causation, both in criminal law and tort law, has always required more than conjecture. There is an understanding that some threshold showing or nexus has to be made.”
Ask your Congressmen in the House to seriously think about the ramifications of Senator Hatch’s bill before they vote. Senator Hatch is supposed to come on my show to be interviewed about Amy/ Vicky, BUT as soon as his staff realized I had this question, they have cited that he is very busy- working so hard on our behalf and he shouldn’t have to answer to “mis-reads” on his bill. No questions like this are “allowed”. He doesn’t bother with this sort of thing. Are they kidding? A mis-read? This question about the bill is showing up on liberty forums everywhere. People are starting to ask what this is about. We are not stupid. The people are not stupid.
Senator Hatch will not answer to the people of Utah when it comes to questions on bills that he sponsors. And I left wondering why, when he is an elected official. All of us deserve more than this.
This article was written by kate