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The Courts Government Censorship United States News Your Rights Online

Porn Found On L.A. Obscenity Case Judge's Website 393

Stanislav_J writes "In a bizarre revelation, the judge who is presiding over the Isaacs obscenity trial in Los Angeles was found to have sexually explicit material on a publicly-accessible website. Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged that he had posted the materials, but says he believed the site to be for personal storage only, and not accessible to the public (though he does acknowledge sharing some of the material with friends). The files included images of masturbation, public sex, contortionist sex, a transsexual striptease, a photo of naked women on all fours painted to look like cows, and a video of a half-dressed man cavorting with a sexually aroused farm animal. The latter two are especially ironic in that the trial involves the distribution of allegedly obscene sexual fetish videos depicting bestiality, among other things, by Ira Isaacs, an L.A. filmmaker."
Stanislav_J continues: "The judge has blocked public access to the site (putting up a graphic that reads, 'Ain't nothin' here — y'all best be movin' on, compadre').

Isaacs' defense had welcomed the assignment of Kozinski to the case because of his long record of defending the First Amendment, but the startling news about his website (the revelation of which seems to have been interestingly timed to coincide with today's scheduled opening arguments) now have many folks calling for him to be removed from the case. There is no indication that any of the images on Kozinski's site would be considered obscene or illegal. But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial."
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Porn Found On L.A. Obscenity Case Judge's Website

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  • by hcmtnbiker ( 925661 ) on Wednesday June 11, 2008 @06:39PM (#23755965)
    Uhm, I think you are forgetting the part about where he did nothing illegal.

    Actually I would say if it fails the Miller Test and he was publicly distributing it he should be charged like anyone else. I have not seen the pictures, but I think it feasible to launch an investigation as to whether or not he broke the law with pictures that possibly do not pass a Miller Test. Remember ignorance is not a valid excuse for breaking the law.
  • Re:Can you say (Score:5, Interesting)

    by Original Replica ( 908688 ) on Wednesday June 11, 2008 @06:40PM (#23755977) Journal
    Perhaps the porn was there as a benchmark (no pun intended). Anything freakier than what the judge had is obscene, anything less exotic is simply porn. Even if that wasn't it's intended purpose, it would make an interesting point to argue. After all as a judge, Kozinski is a moral compass, and he is sharing this material with his friends whom we can also assume are pillars of the community, so by them accepting this material,we can conclude that it is not "Offensive to accepted standards of decency or modesty." [thefreedictionary.com] because the standard-bearers of our society have already show to find it acceptable.
  • Re:Animals. (Score:5, Interesting)

    by cduffy ( 652 ) <charles+slashdot@dyfis.net> on Wednesday June 11, 2008 @06:58PM (#23756219)
    I once was approached to do some forensic analysis for the defense in a case where a school district's administrator was trying to get a principal much-loved by his community and staff to leave.

    Said principal used a Mac, while the school was primarily PC-based. They seized his computer, and returned it over a month later, claiming that they'd found porn (and releasing some supposedly-recovered photos).

    I did a full analysis -- wrote my own tools to analyze HFS+, scanned the raw disk for image headers, etc -- and found (1) that the system had files and directories with mtimes during the period in which it was in the district's possession (and thus that they'd failed to follow accepted digital forensics practices), (2) that there were in fact a small number of pornographic images on the hard drive... and (3) that every one of those images was autodownloaded by Eudora Pro, a mail client (written back before spam was a serious issue) which saved every attachment to a specific folder on the disk without prompting. However, not one of these images matched those the school district claimed to have recovered.

    The district dropped their case -- and "promoted" the principal to an administrative position he hated, working directly under the man who tried to fire him. Sigh.
  • by 10101001 10101001 ( 732688 ) on Wednesday June 11, 2008 @07:20PM (#23756485) Journal

    Was the content viewable by minors?

    Probably.

    Did it have age verification before showing said content?

    Doesn't sound like it. Not that it matters. Not even commercial* porn providers require age verification.

    Well then...

    Contributing to the delinquency of minors, and whatever statutes cover providing pornography to minors as well.

    The only major problem with that is, you'd have to actually show (a) the actual minors whose delinquency was contributed to (the "making available" argument doesn't fly) and (b) almost certainly show there was good reason to believe that the judge new he was distributing said content to minors (otherwise most porn mags would be shut down, since obviously if the porn mags weren't printed, you couldn't find minors with them).

    In short, you have to consider the judge's position as if he were any other major publisher. Given the repeated attempts to try to "protect" minors on the internet in the past involving porn and how few laws have stood up to Constitutional scrutiny (the only one that comes to mind as accepted is ones involving libraries accpeting federal funds in exchange for having to include anti-porn filters; and assumedly that has to do with it being voluntary to accept funds), it just doesn't seem likely that yet another contorted attempt would work. But, obviously, it's all a matter of taking the judge to court and spending several years until the Supreme Court decides.

    *Commercial in this context doesn't just mean "and we want your credit card number". The second one starts receiving money as a result of ads on one's website, one can be called commercial (just like broadcast TV). Assumedly this was a major reason that the age verification laws were discarded, as it would be very unreasonable to have every last website showing a nipple with an ad on it to request a credit card number. And odds are, most people *wouldn't* give a credit card number to the site. The last part, then, severely cripples freedom of speech by abridging the legitimate right of the vast majority to access a site without undue burden. Now, if there were some way to age verify someone in a more trivial fashion on the internet, the courts would probably have a much different interpretation on things.

  • Obscenity wtf (Score:3, Interesting)

    by bluefoxlucid ( 723572 ) on Wednesday June 11, 2008 @07:23PM (#23756527) Homepage Journal
    Let the FCC control broadcast obscenity. Anything subscribed or unicasted on demand is fine.

    Seriously, I get offended when people back off and hide things or pause to hold back words in the middle of a sentence while they do a quick replacement. I never say anything because it's futile and the world is a threatening place in that context anyway.

    I once knew a girl that could curse really well. Like, she didn't hold shit back, she didn't throw "fuck" or "ass" or "shit" in every third word; but when she had something to say, she threw every emphasis in right where it belongs, actually using those words as intensifiers, creating interesting and amusing combination and even in some cases short streams of nonsense that still conveyed the proper emotion. It's like someone actually turned streams of obscenities into a fine art; I've never seen anyone else communicate so comfortably or so clearly.

    We live in a world where sending an e-mail to your boss stating you "don't know what's wrong yet because there's too much shit to wade through" can instantly get you fired. We just use euphamisms to indicate obscene concepts rather than single "obscene" words. The concept of isolated obscenity is obscene; preventing people from sharing shit you don't like is an aberration and we should be ashamed as a people for supporting this sort of behavior.
  • Re:Animals. (Score:2, Interesting)

    by Anonymous Coward on Wednesday June 11, 2008 @07:34PM (#23756647)
    "His collection of "porn" are things that other people sent him, the kind of crap that clogs email systems everywhere" ... and ... "He's exactly the kind of level headed person the courts need to rule fairly on these kinds of cases." ... and "puritanical etc.."

    Its a typical political game. Anyway who wants to impose their morality on others, is almost by definition seeking the power to impose their will and opinions on others. They are therefore power seekers and to some power seekers, there is no trick too underhanded to undermine their opponents. So some of the people who oppose him would go out of their way to appear to humiliate him, thereby attempting to undermining his position. In a country where a wardrobe malfunction is considered so morally wrong, his actions make him an easy target. People against him could even send him stuff and urge him to show the world what sort of images are around simply to hope he'll fall for it and then they have a way to undermine him.

    The so called moral ones usually end up showing how unmoral they are in achieving their goals and therefore end up showing its not morality at all, its simply their idology. The idological domineering ones should look at some of the ancient statues in europe. But I guess the way the world is going, in time they will get around to wanting them covered up as well.

  • by treeves ( 963993 ) on Wednesday June 11, 2008 @08:24PM (#23757215) Homepage Journal
    since all archive.org has for all the archives of alex.kozinski.com is pages saying

        Ain't nothin' here.

        Y'all best be movin' on, compadre.
  • by tygt ( 792974 ) on Wednesday June 11, 2008 @08:27PM (#23757259)
    Should a judge with pictures of guns on his website recuse himself from a murder trial where a gun was involved?

    Of course not. Only if the judge's website had illegal porn should he be considered to have a conflict of interest.

  • by TheoMurpse ( 729043 ) on Wednesday June 11, 2008 @09:07PM (#23757587) Homepage
    What I find interesting about this is that Kozinski is one of the main "feeder judges" for the US Supreme Court. Along with Richard Posner, a great many of his clerks go clerk for SCOTUS justices afterward, and that job is one of the most prestigious jobs in the legal community (i.e., $300K signing bonuses after you clerk for the Supreme Court with the most prestigious firms in the country).

    Basically what I'm saying is that Kozinski is a superstar in the legal community. This is why it's truly funny. It's probably the closest we'll ever come to a judicial sex tape. ;)

    EWWW
  • by Anonymous Coward on Wednesday June 11, 2008 @11:51PM (#23758999)
    Perhaps:
    http://web.archive.org/web/*hh_/alex.kozinski.com/underneathmyrobe/

    Although, these are ... entertaining
    http://web.archive.org/web/*/http://alex.kozinski.com/underneathmyrobe/datinggame.rm
    http://web.archive.org/web/*hh_/alex.kozinski.com/stuff/jump.avi

    and this
    http://alex.kozinski.com/jurist-l/
    was blocked from the archive
    http://web.archive.org/web/*hh_/alex.kozinski.com/robots.txt

    That said, after digging throught the site, it looks like:

    A. He's actually human, and has a life outside being a judge (shock horror).

    B. The site apears to be a dump for random stuff rather than anything organised, I suspect these allegations are likley a smear campaign.

  • Looking back at the archive, it's said that for several years: http://web.archive.org/web/20050122134257/http://alex.kozinski.com/ [archive.org]
  • Re:psychologically (Score:3, Interesting)

    by schmobag ( 804002 ) on Thursday June 12, 2008 @04:15AM (#23760645)
    You laugh, but this actually happened. Frank Zappa's completely instrumental album Jazz From Hell was marked with one of the first "Parental Advisory - Explicit Lyrics" warnings. I repeat: the album has no lyrics. But it had an explicit lyrics warning from the RIAA. The likely reason? His vocal opposition to the Tipper Gore-led Parent's Music Resource Center, whose bludgeoning pressured the RIAA to start putting those warnings on albums in the first place. See http://ericnuzum.com/banned/incidents/80s.html [ericnuzum.com], http://en.wikipedia.org/wiki/Parents_Music_Resource_Center [wikipedia.org], and http://en.wikipedia.org/wiki/Jazz_From_Hell [wikipedia.org]
  • Re:Animals. (Score:5, Interesting)

    by TheRaven64 ( 641858 ) on Thursday June 12, 2008 @08:57AM (#23762589) Journal
    It's a good thing they did drop the case, because his lawyer would have had a hell of a time getting the court to accept evidence from a tool that you wrote yourself and which hadn't been properly certified for use in evidence gathering. Especially if you used it to scan the disk, and not an image extracted using a cable that had the write pins removed - plugging anything capable at the hardware level of writing to the disk into it will taint any evidence you found.
  • Re:Animals. (Score:3, Interesting)

    by kalirion ( 728907 ) on Thursday June 12, 2008 @12:10PM (#23765385)
    Would you say the same thing if this was a gay rights case and the judge had "Jesus hates fags" posters in his flat?

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