Yes. Like the author points out. In the case of child pornography, simply having it is illegal regardless of reason, which makes people who come across such content, destroying their evidence.
This would only put more people in jail, the killer (maybe), and the people watching it (maybe). I'd rather it just be the killer. And the molester in the case of the article.
The author's case in claiming that is hilariously weak. He presents a ludicrously tromped-up stranger-rape scenario where the rapist gets off scott-free because of child porn laws. But wait, he says this isn't some "far-fetched science fiction scenario". He's about to tell us about a case where something very like this happened or almost happened!
This is exactly what will happen as our mobile phones take the next step, which has already started, and we will be there in less than ten years.
Oh. There isn't actually any evidence of anything like that ever happening or almost happening, it's just what he imagines might happen when technology gets a little more advanced. You know, I think that's actually the definition of a "far-fetched science fiction scenario".
While this clearly seems far fetched, it is the actual state of law today.
If fifteen years ago you had told me that these laws would be used to prosecute teenagers who take pictures of themselves, or of teenagers who have consensual sex with each other, I would have thought it absurd. No prosecutor could be that insane, right? And yet here we are.
When I was 16 (23 years ago), I dated an 18 year old. It's shocking to think that she could have been thrown in jail. This state of things is unnaceptable.
It's pretty easy to Google for specific cases of young adults, some less than 22 years old being prosecuted for having younger (16,17 years old) girl/boyfriends. What about teenagers sending naked pictures to their girl/boyfriends through their mobile phones? Not a problem you say? http://www.youtube.com/watch?v=rJBIvBfk26o.
So that video mentions the 15 year old girl who sent the photos, facing federal prosecution as an adult for child pornography charges, and then mentions that the people who've received the photos possibly facing charges as well. Sounds like the author of the article was spot on.
I'd like your opinion on the link I just sent please. The authors point was about the laws being outdated and people being more afraid of dealing with the issue than facing it appropriately for victims. He wrote a good article in relation to that.
If you'll read my comment again, you may notice I'm talking about the specific claim that child pornography laws enable child rape. That is a claim I feel is without basis in fact.
The issue you're talking about is one I agree with, as I've noted elsewhere[0].
This would only put more people in jail, the killer (maybe), and the people watching it (maybe). I'd rather it just be the killer. And the molester in the case of the article.