[Foundation-l] video presentation on explicit images on WMF projects

Tim Starling tstarling at wikimedia.org
Tue Jan 19 15:42:30 UTC 2010


Andrew Garrett wrote:
> It's possible for system administrators to delete files entirely from
> the servers for legal reasons, but because it is quite
> labour-intensive, I for one have only ever performed such a deletion
> when it is real child pornography (hint: a 16-year-old masturbating is
> not "real" child pornography, and is in fact legal, though explicit,
> in New South Wales, Australia).

That may be true, but if the subject is or appears to be 15.5 years
old instead of 16, then that would indeed count as child pornography,
even in NSW, and disseminating such material would be a crime, with a
maximum penalty of 10 years jail.

<http://www.legislation.nsw.gov.au/fragview/inforce/act+40+1900+pt.3-div.15a+0+N?>

It's a fine line to walk. Given the current climate you can expect a
broad interpretation of "appears to be".

In any case, part of the job of a sysadmin is to help the Foundation
comply with whatever local laws they wish to comply with. If Mike
asked me to help him comply with a local law in Angola, I wouldn't
complain that the law isn't the same in Congo or wherever I happen to
be at the time, I would try to help him out. If there was some issue
of conscience, I could consider resigning, but obviously that wouldn't
come up if I'm being asked to remove some rubbish cameraphone home
video from the deletion archive.

-- Tim Starling




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