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Brantford police say two men are facing child pornography charges in separate investigations.
Police said the men, aged 36 and 29, will not be named to protect the identify of victims
“The investigations were furthered as a result of information received from members of the public,” police said in a news release.
The older man was arrested after police searched a Brantford home on Sept. 1 and seized several electronic devices.
The younger man was arrested after a search on Sept. 2 also resulted in the seizure of electronic devices.
Both men are charged with possession of child pornography and invitation to sexual touching.
The older man is also charged with accessing child pornography, luring a person under 16 and failure to comply with a judicial release order.
The younger man is also charged with making child pornography available, sexual assault and sexual interference.
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Section 230: What To Know About Provision Of The Communications Decency Act
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In a previous era, the American tech industry was the golden child who could do no wrong. If it had to face down a serious problem like child pornography, you could find tech talks showcasing the innovative ways companies were using technology to solve the problem. And these tech talks weren't just dog-and-pony shows; these technologies actually worked, and data existed to prove their effectiveness.
The Verge 's report about Twitter's child porn problem , however, tells a very different story. It is not the tale of a golden company, but of one whose response to child porn is "woefully inadequate—largely manual." Where it did use software, Twitter relied on "a legacy, unsupported tool" named RedPanda. "RedPanda is by far one of the most fragile, inefficient, and under-supported tools we have on offer," one Twitter engineer said. And those tech talks have now been replaced by PR talks. Twitter's spokesperson told The Verge , "Twitter has zero tolerance for child sexual exploitation."
Apparently, "zero tolerance" amounts to nearly zero progress. Twitter's working group issued a series of recommendations, but "aside from enabling in-app reporting of [child sexual exploitation], there appears to have been little progress on the group's other recommendations."
At Twitter, the rot goes straight up to the top: "Executives are apparently well-informed about the issue, and the company is doing little to fix it." The rot also extends beyond Twitter, to companies like Reddit and TikTok . In 2019, a New York Times podcast revealed that both the FBI and LAPD had to prioritize reports of child porn for infants and toddlers (and anyone in immediate danger); they are "essentially not able to respond to reports of anybody older than that." A problem that overwhelming points to a systemic failure by the tech industry, not just a failure of one company.
This systemic failure requires action from Congress . And by action, I don't mean another memo or another hearing. The tech industry is (in)famous for listening to its own while thumbing its nose at D.C. But if Twitter is not even listening to its own employees here, then what makes anyone think that another harshly worded letter from Congress will turn the tide?
By action, I mean passing legislation. The only option left is to the change the legal incentive structure for the tech industry, so Congress must target the industry's most sacred legal immunity: Section 230, the law that removes almost all of tech companies' existing liability for the third-party content on their platforms. Repeal Section 230 for child porn.
This legislation is not designed as a punitive measure, although such punishment is certainly warranted in Twitter's case. This measure is designed to benefit victims. Twitter's negligence has produced too many child porn victims, but when these victims sue, one law repeatedly blocks their lawsuits: Section 230.
In Doe v. Twitter , the victims' lawyers basically threw the book—nay, the whole bookshelf—at Twitter, but Twitter used Section 230 to swat away nearly every problem, including an alleged violation of federal child porn laws. One lone exception did exist there: Twitter could not swat away an alleged violation of federal sex trafficking laws. A law known as FOSTA had carved that law out of Section 230—one of only a few such carveouts.
To that narrow list of laws that are carved out of Section 230, we should add federal (and state) child porn laws. A bill known as EARN IT would do exactly that. But what if the child porn was also revenge porn? Could a state revenge porn law also be used here? Nearly every state has such a law, though a federal law about it does not yet exist. And what about privacy laws that could apply here as well?
Instead of carving out a few select laws and leaving Section 230 in place for the many laws not on that list, we should apply a content-based rule: if the content is child porn, then Section 230's legal immunity does not apply to any law. Let the lawyers throw the bookshelf, just like they already can in the offline world.
Normally, offering legal immunity to one type of content but not another type of content would raise serious First Amendment issues. According to New York v. Ferber , however, child porn is unprotected content. If you stick to the federal definition of that term, then it has no First Amendment protection.
Do members of Congress want Twitter to continue to neglect its child porn problem, relying on unsupported legacy tools like RedPanda? Or do they want Twitter to declare a "Code Red" and build out infrastructure that actually stamps out this problem? Whether by passing EARN IT or repealing Section 230 for child porn, to change the world, Congress must act and change the legal incentives.
Mike Wacker is a software engineer and technologist who has previously served as tech fellow in Congress.
The views expressed in this article are the writer's own.
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A Clearfield couple, Jackson Curtis Martin, 46, and Amanda Nichelle Downs, 31, are scheduled to be sentenced this week in the U.S. District Court in Johnstown for the production of child pornography and for sending the materials to another person.
According to court documents, Assistant U.S. Attorney Maureen Sheehan-Balchon is seeking a prison sentence of 35 years for Martin and 20 years for Downs.
Martin is scheduled for sentencing today, while Downs is expected to be sentenced Thursday, with both defendants appearing before U.S. District Judge Stephanie L. Haines.
The couple entered guilty pleas earlier this year to creating material depicting sexual exploitation of a minor and to transferring the material to a third party.
The federal charges were brought on the heels of an investigation by the Clearfield Borough Police Department that began on Jan. 9, 2019, with the examination of electronic devices owned by both Martin and Downs.
The two were arrested by Clearfield police on
Nov. 24, 2019, for rape of a child, statutory sexual assault, aggravated indecent assault and charges related to the production, distribution and possession of images and videos depicting minors engaged in sexually explicit conduct.
In 2020, agents from the federal Department of Homeland Security became involved, and the department’s investigation eventually led to the additional charges brought in the U.S. District Court in Johnstown.
One cellphone seized from Martin contained 150 images of a nude female minor engaged in sexual conduct with an adult male, according to the federal affidavit of probable cause.
A cellphone seized from Downs shows an adult male raping a minor female as the child attempted to push the male away.
The federal sentencing memorandum against Martin stated that in most child pornography cases, the offenses do not involve direct contact with the children, but, it reasons, “The defendant’s direct victimization requires punishment that reflects the seriousness of his offenses, serves the ends of justice and protects the community.”
The memorandum addressed the defendants’ position that the video of the rape of the child was not widely distributed.
But it continued, “It defies logic to believe that the videos of rape and child sexual exploitation produced by (Martin and Downs) are not available on the internet and that (the minor victims) will not live the rest of their lives fearing that others will discover them.”
Martin’s attorney, Douglas Sughrue, in his sentencing memorandum, argued that his client should receive only a 30-year sentence, noting that the additional five years requested by federal authorities “does not have any federal interest, especially in light of the state sentence he will have to serve.”
The defense attorney was pointing out Martin will face an additional sentence (possibly 10 to 20 years) in Clearfield County.
Sughue also stated that Martin has expressed sorrow for his actions.
The federal sentencing document for Downs stated that she “violated the trust and dignity of a child.”
It noted that while Downs also expressed regret at what occurred, the government clarified that her remorse focused on how the case impacted her life, not the child’s life.
“Here, not only did the defendant steal the innocence of her child victim — she produced a permanent record of it,” according
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