• PotatoKat@lemmy.world
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    7 months ago

    Even if the person is a porn star, the damage is that the porn is coming from somewhere other than the approved channels, thus the damages

    The damages would be the mental harm done to the victim. Most porn stars have content available for free so that wouldn’t be a reason for damages

    That’s the reasonable expectation of privacy standard (that applies inside houses when in bedrooms, bathrooms, etc, even if it’s not your house). If you’re doing it in public, there’s no reasonable expectation of privacy, so I think a court would consider filming in that context to be legal.

    The expectation of privacy doesn’t apply to one party consent States but they still can’t record sexual activities of someone without their consent

    If you want control over how how content is used, don’t make it available for personal use.

    I don’t think people who uploaded pictures on Facebook consider that making it available for personal use

    I really don’t want to live in a society with the surveillance necessary to prosecute such a law.

    Did i say anything about surveillance? Just because something is made illegal doesn’t make it actively pursued, it just makes it so if someone gets caught doing it or gets reported doing it they can be stopped. Like you’d be able to stop the person from doing that to your children. Or if someone gets their house raided for something else they can be charged for it. Not every person who has real csam creates it or shares it, many times they just get caught by another charge then it gets found. Or the geek squad worker sees it on their computer and reports them.

    It would give people avenues to stop others from using photos of their children in such a way. You wouldn’t need any extra surveillance

    Freedom means letting people do creepy things that don’t hurt anyone else.

    Do you think it’s okay for someone to have real csam? Let’s say the person who made it was properly prosecuted and the person who has the images/videos don’t share it, they just have it to use. Do you think that’s okay?