CyberLaw Blog

Archive for the ‘possession’ Category

Consenting Adult’s space: Beware the kinky porn ban! CAAN action report 22 Aug

Campaigners claim confusing new law lets abusers off the hook.

CAAN REPORT - 22nd August 2008 - Advice seeking mission 2: ACPO visit.

If you own any hardcore kinky erotica which you think could be considered
extreme, you’d better get prepared for January. On January 9th the new crime
of possessing extreme pornography is due to be enforceable - an offence for
which you can get up to three years in jail and listed on the sex offender
register for the rest of your life.

‘I live in a city where I can call the police to my neighbour being
assaulted for the tenth time by their drunken partner and police allow that
violent person to move freely and remain in a house which contains a
toddler,’ says one campaigner, ‘but where the friendly caring neighbour on
the other side could soon be put in jail for being in possession of a kinky
photo or movie of people having consensual adult fun. It seems like
misappropriated concern and resources to me, when you look at the real lives
of people on this estate.’

The Consenting Adult Action Network (CAAN) have been seeking practical
advice about this new law and remain concerned about the government creating
fictional sex offenders by criminalizing millions of law abiding citizens
with a newly created offence hardly anyone seems to know about. Even more
worryingly, nobody seems to be able to advise anyone about what images they
need to dispose of or not - and it’s not for want of people trying.
(more…)

Terror ‘Mr Fixit’ sentenced to 12 years: “Court told Aabid Khan had store of extremist material and radicalised others”

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

Jail for terror document cousins: “Two men found guilty of possessing or making documents promoting terrorism are ordered to serve 12 and 10 years in jail respectively.”

(Via BBC News.)

Britain’s youngest terrorist, Hammaad Munshi, faces jail after guilty verdict - Times Online: “From Times Online
August 18, 2008

A 16-year old schoolboy faces a jail term after being convicted today as Britain’s youngest terrorist.

Hammaad Munshi, who was taking his GCSEs when he was arrested, was part of a cell of cyber-groomers which set out to brainwash the vulnerable to kill ‘non-believers’. He was convicted at Blackfriars Crown Court of making a record of material likely to be useful for terrorism over a guide to the manufacture of napalm.

For nearly a year the teenager, whose grandfather is a leading Islamic scholar, led a double life, the court heard. By day he attended lessons at the local comprehensive, and did as he was told. But in the evening, he spent hours surfing jihadist sites and distributing material to others as part of what the Crown branded a ‘worldwide conspiracy’ to ‘wipe out’ non-Muslims.

The court heard that that material contained included instructions about making napalm, other high explosives, detonators, and grenades, and ‘how to kill’.

(more…)

Three found guilty of web extremism plot: “

Jihadi literature spread online

Three British Muslims face prison after a jury at Blackfriars Crown Court in London today found them guilty of involvement in an online plot to spread jihadism.…

“

(Via The Register - Public Sector.)

Man, 18, guilty of terror charge: “Three men - including a teenager - are found guilty of possessing documents promoting terrorism.”

(Via BBC News.)

Britain’s terror laws have left me and my family shattered: “Comment is free: Hicham Yezza: I am innocent yet was detained without charge in solitary confinement for days on end. It was a devastating experience”

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

Times Higher Education: Researchers have no ‘right’ to study terrorist materials
17 July 2008, By Melanie Newman

Nottingham v-c warns that academics may face prosecution. Melanie Newman reports

Academics have no ‘right’ to research terrorist materials and they risk being prosecuted for doing so, the vice-chancellor of the University of Nottingham has told his staff.

In a statement issued to the university last week, Sir Colin Campbell says: ‘There is no ‘right’ to access and research terrorist materials. Those who do so run the risk of being investigated and prosecuted on terrorism charges. Equally, there is no ‘prohibition’ on accessing terrorist materials for the purpose of research. Those who do so are likely to be able to offer a defence to charges (although they may be held in custody for some time while the matter is investigated). This is the law and applies to all universities.’

Sir Colin issued the statement to advise staff to note ‘additional points’ that have emerged since the arrest in May of a Nottingham masters student and a clerk on suspicion of possessing extremist material.

The student, Rizwaan Sabir, who is studying Islamic terrorism, said he had downloaded a copy of an al-Qaeda training manual for use in his MA dissertation and PhD application and had forwarded it to the administrator, Hicham Yezza, for printing. After six days in detention, neither was charged.

Sir Colin referred to a letter of advice issued to Mr Sabir by the police after his release.

The letter warned Mr Sabir that he risked re-arrest if found with the manual again and added: ‘The university authorities have now made clear that possession of this material is not required for the purpose of your course of study nor do they consider it legitimate for you to possess it for research purposes.’

Sir Colin says in his statement: ‘It is understood that the police drafted this letter having considered all of the statements made by a range of university staff and they also consulted their legal advisers on it.’

(more…)

UK’s Idea of Extreme Porn Still Undefined: “On June 14, U.K.-based Consenting Adult Action Network (C.A.A.N.) went to West Midlands police headquarters to seek advice about the recent implementation of the Obscene Publications Act which outlaws ‘extreme’ and ‘disgusting’ pornography, effective January 2009.”

(Via XBIZ.com | News & Articles.)

Justices Decline Case on 200-Year Sentence for Man Who Possessed Child Pornography: “The Arizona man, who received the sentence for possessing 20 pornographic images of children, failed to persuade the Supreme Court to consider whether the sentence was unconstitutionally excessive.”

(Via NYT > Child Pornography.)