Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case
June 29, 2013 Comments Off on Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case
Disinformation and DID: the Politics of Memory – Brian Moss, MA, MFT
Information on the False Memory Syndrome, Mind Control, Dissociative Identity Disorder, The Media, Ritual Abuse, The Nazis and Programming.
Top court agrees to hear child pornography restitution case
By Lawrence Hurley WASHINGTON | Thu Jun 27, 2013
(Reuters) – The Supreme Court on Thursday agreed to consider how much victims of child pornography can claim in restitution under a federal law.
The case concerns efforts by a victim, named only as Amy, to seek restitution from Doyle Paroline Of Brownsboro, Texas, who was convicted of possessing child pornography that included two images of Amy.
Amy, now 19, was sexually abused by an uncle when she was 8 and 9 years old. The uncle made images of the abuse that have been widely distributed on the Internet, which is where Paroline acquired them.
The legal question is how much Paroline is required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act. Amy said Paroline is liable for the full amount of her injury – such as counseling and loss of future income – while Paroline said he should only be liable for his individual role. Amy has claimed $3.4 million.
A federal court initially denied Amy any restitution in Paroline’s case but an appeals court said restitution of the full amount of the loss is required. Paroline asked the Supreme Court to review that finding. Amy’s case is one of several similar cases around the country.
Court papers said more than 150 courts have awarded Amy restitution but Paroline’s is the only one before the Supreme Court….
Supreme Court Agrees to Hear Landmark Children’s Rights Case
By James R. Marsh on June 27, 2013
Earlier today, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography.
The Court agreed to decide “what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994.
The case, Doyle Randall Paroline v. Amy Unknown, arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before Judge Leonard Davis in the Eastern District of Texas Tyler Division.
The rights of children have collided head-on with the First Amendment rights of others in a suit filed by Backpage.com over a landmark law in Washington State
June 20, 2012 Comments Off on The rights of children have collided head-on with the First Amendment rights of others in a suit filed by Backpage.com over a landmark law in Washington State
The Electronic Frontier Foundation is representing the Internet Archive in a fight against a Washington state law designed to prevent the sex trafficking of minors. EFF, which bills itself as “Defending Your Rights in the Digital World, is a Washington, DC special interest group and long-time supporter of near absolute Internet “freedom.”
This article in the august National Law Journal provides a good overview of the case. What the article doesn’t tell you is that the new plaintiff in the Washington litigation (which was brought by …Backpage.com and Village Voice Media Holdings), the Internet Archive, shares a board member with EFF, Brewster Kahle….
It’s also curious that the newly minted plaintiff, Internet Archive, is funded by the American people through “institutional support” from the National Science Foundation and the Library of Congress….
EFF, which is funded by ….craigslist, also deserves a closer look….http://www.childlaw.us/2012/06/eff-joins-the-child-exploitati.html
Backpage.com Sues Washington AG Over Child Prostitution Law
By Sue Reisinger Corporate Counsel June 6, 2012
Update: U.S. District Judge Ricardo Martinez in Seattle on Tuesday issued a temporary restraining order against enforcement of a new Washington State law targeting child prostitution.
Martinez said Backpage.com “has shown a likelihood of success on the merits of its claim . . . as well irreparable harm, the balance of equities tipping strongly in its favor, and injury to the public interest, justifying injunctive relief.”
The restraining order takes effect immediately and continues for at least 14 days. The court set Backpage’s motion for a preliminary injunction for a hearing on June 15.
The rights of children have collided head-on with the First Amendment rights of others in a suit filed by Backpage.com over a landmark law in Washington State.
The online classified-ads site filed a complaint [PDF] against Washington State attorney general Rob McKenna and the state’s county prosecutors on Monday to try and stop them from enforcing a new law that would require providers like Backpage to verify the ages of people in ads offering “adult services,” which can include prostitution.
When the bipartisan bill passed the legislature in February, child protection advocates hailed it as the first of its kind in the nation. It is to take effect on Thursday, unless the U.S. District Court in Seattle grants Backpage’s motion for a temporary restraining order while the suit is heard…. http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202557433632
EFF challenges as overbroad Washington state law targeting child trafficking ads
By Sheri Qualters The National Law Journal June 18, 2012
The Electronic Frontier Foundation is helping an online library fight a Washington state law that could expose third parties to criminal charges for content related to sex trafficking of minors. EFF’s intervention comes on the heels of similar measures introduced in New York and New Jersey and poised to take effect in Tennessee. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202559922324&sl
April 27, 2012 Comments Off on Landmark Children’s Rights Case Now Before the Fifth Circuit
Landmark Children’s Rights Case Now Before the Fifth Circuit
By James R. Marsh on April 25, 2012
During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn) have been seeking restitution in federal courts throughout the country.
Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the “full amount of the victim’s losses.” 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, lost income, and occupational therapy.
Recently this issue has come to a head in the Fifth Circuit Court of Appeals in two cases, In re Amy Unknown, No. 09-41238, and United States v. Wright, No. 09-3125.
The Fifth Circuit has scheduled a rare rehearing en banc before 16 judges in these two cases on Thursday, May 3, 2012 in New Orleans.
Amy will argue that the Fifth Circuit should not read a general proximate cause requirement into the statute. At least four judges on the Court agree with her.
Both the Government and the defendants in these two consolidated cases believe that proximate cause is required and limits the availability and amount of restitution.
A decision in the case is expected by the end of the year.
For more information on this issue, visit http://www.childlaw.us/restitution/