Boy Scouts negligent in sex case, Wikiparent reported to FBI child unreal images

April 14, 2010 § Leave a comment

Oregon jury finds Boy Scouts negligent in sex case
By WILLIAM McCALL 4/13/10 PORTLAND, Ore. (AP) Jurors on Tuesday found the Boy Scouts of America negligent and awarded $1.4 million to a former Portland man who was abused by an assistant Scoutmaster in the early 1980s, following a three-week trial in which secret Scout “perversion files” were used as evidence. The jury also decided the Irving, Texas-based Scouts organization was liable for punitive damages that will be decided in a separate phase of the trial. That would be in addition to the $1.4 million. The Scouts denied allegations of negligence and said the files actually helped them keep child molesters out of their ranks. Lawyers for Kerry Lewis, the victim who filed the lawsuit, argued the Boy Scouts organization was reckless for allowing former assistant Scoutmaster Timur Dykes to continue to associate with the victim’s Scout troop after Dykes acknowledged to a bishop for the Church of Jesus Christ of Latter-day Saints early in 1983 that he had molested 17 Boy Scouts. The church was the charter organization for an estimated third to one half of the Boy Scout troops in the nation in the 1980s.

The church settled its portion of the Portland case before trial, but the jury ordered it to pay 25 percent of the $1.4 million in noneconomic damages, or $350,000. The Boy Scouts of America must pay 60 percent, or $840,000, while its Cascade Pacific Council must pay 15 percent, or $210,000. Dykes was later convicted three times of various abuse charges involving boys and served time in prison. Shortly before trial, he admitted in a deposition to abusing Lewis….All lawyers in the case declined comment pending the second phase of the trial to determine whether to award $25 million in punitive damages. The case is set to resume April 20 and involves only the national Boy Scouts after the jury decided the Cascade Pacific Council was not liable for punitive damages.

Wikifounder reports Wikiparent to FBI over ‘child porn’
No real people pictured
By Cade Metz in San Francisco
Posted in Music and Media, 9th April 2010 21:20 GMT

Updated Update: This story has been updated to show that Larry Sanger now says that the images in question do not depict real people and to include additional legal clarification. And it was later updated a second time with additional clarification about federal law 18USC 2258A, which requires electronic service providers to notify the NCMEC if they are made aware of child pronography.

Wikipedia co-founder Larry Sanger has reported the site’s parent organization to the Federal Bureau of Investigation, saying he believes the Wikimedia Commons “may be knowingly distributing child pornography.”

He says, however, that “the images did not contain actual people.” And he acknowledges that in publicly explaining his report to the FBI, his use of the term child pornography “may have been misleading.”

In his report to the bureau, Sanger says that in his “non-lawyer’s opinion,” he believes that the images violate a US law against “obscene visual representations of the sexual abuse of children” (18 USC §1466A(2)(A)). This law specifically says: “It is not a required element of any offense under this section that the minor depicted actually exist.”

A separate federal law (18 USC 2252) deals with “certain activities relating to material involving the sexual exploitation of minors.”

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