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Honey Pot or Legit Site?
February 07, 2010
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Okay, before anyone jumps to any conclusions, let me explain by providing a
little background. I've been trying to learn the Russian language for the
last few years. My vocabulary is decent, but I'm not really good at working
with declensions and conjugations. So, to develop my listening skills and
force myself to think more quickly in Russian, I watch Russian language YouTube videos
and occasionally I rent or purchase a Russian movie. So, a couple weeks ago
I purchased a video called "Cheesecake" from Amazon, only it was handled by
a vendor called FOREIGN_MOVIEBIZZ_USA. At $12.95 the movie looked like a
good deal. When the movie arrived I noticed a sticker stuck to the invoice
advertising two websites (www.azovfilms.com and www.outsidervideos.com). The
outsidervideos.com site doesn't load on my computers, but the azovfilms.com
link does work, but before you try it, a word of warning is in order.
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The azovfilms.com site appears to be a legitimate website that sells foreign
feature films, documentaries, and books. It may well be a perfectly above
board and legal site or it may be a honey pot or perhaps even a site of
questionable legality. By using the term honey pot, I'm suggesting that the
site could be used by law enforcement to lure people interested in illegal
materials and to then entice them into breaking the law so that they can
easily apprehend individuals predisposed to commit certain types of crimes.
So my question concerns whether or not the azovfilms.com website is a honey
pot set up by some law enforcement agency or not. If not, then what side of
the law does the site fall on? It would be unfortunate for someone to wind
up under legal scrutiny as the result of an innocent purchase of a
product through Amazon.com that happens to be regarded as some sort of an
indicator of an interest in illegal activities.
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What makes me suspicious about the azovfilms.com site is that despite the
fact that many of the DVDs that it sells appear to be legitimate Hollywood
movies or legitimate foreign flicks, some of the DVDs they offer are what
they call Naturist Films that feature pre-pubescent children. A quick
inspection of the preview stills and trailers for some of the DVDs makes it
clear that these DVDs include full-frontal nudity. Although these nude
videos are not actually pornographic, since no sexual activity is shown (at
least from what I could tell), in light of recent news stories involving
sexting, bathtub photos discovered by Wal-Mart employees, and the case of
the National Guard soldier in Afghanistan (see links at bottom of page), it
seems that the legality of these films might be considered to be
questionable, at least in the eyes of some law enforcement authorities.
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The big problem here is that the legal definition of what constitutes
pornography is vague. Some would argue that the definition is intentionally
left ambiguous in order to allow law enforcement officials wiggle room to trump
up charges. Former Supreme Court justice Potter Stewart is famous for his
failure to provide a definition of hard-core pornography. He said it was
hard to define, but that he knew it when he saw it. Obviously such a
definition is a cop out that fails to provide clear guidance to citizens or
law enforcement. As such, it sets up a situation where the personal
judgement of local law enforcement agents becomes the law. Thus criminality
becomes a matter of being out of step with the law enforcement crowd. This
leaves the interpretation of questionable materials up to local officials and
sets up a situation where inconsistent treatment under the law is quite
likely.
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Before anyone visits the azovfilms.com site, consider the following scenario.
If you view the preview images for one of the naturist films at the site on your
computer, cached copies of the images will in most cases be saved in the memory of your
computer. Even if deleted and even if erased with special software, it is
probable that forensic software such as EnCase will detect the images should
your computer be confiscated and inspected by law enforcement personnel. Although the
pictures at azovfilms.com don't meet the technical definition of
pornography, an over-zealous prosecuter could decide that they do. Charges
might be filed, and depending on the judgement of the local district attorney,
you might face a jury trial and the possibility of a very long prison sentence. A plea deal
might be offered that requires that you register as a sex offender and serve
a short prison term. Rather than take your chances with the jury and
bankrupt yourself on lawyer fees you might feel coerced into accepting
the deal. Obviously this would be an abomination of justice if this happened
to you, but it is likely that many have been victimized in precisely this
manner.
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So, getting back to the status of azovfilms.com: Is it a honey pot, a
legitimate site, or questionable? Most people beleive that it is best, when
in doubt, to ere on the side of caution and will decide not to check out
the site. But should intellectual curiosity be something that is punished if
you're one of those people who decides to look at the site for yourself? If
the site actually is an FBI front, is it ethical for the FBI to make the
images described here available to the public? What if the site is run by a
private vigilante group? Is it a sign of our culture's emotional immaturity
regarding nudity that there are even any questions about this material? Are
nude images of children really harmful to anyone? How do the laws relevant
to such images differ between countries? What is their legal status in the
USA as compared to the UK, Australia, New Zealand, or Canada? What about
other countries? Although I'm not personally offended by the materials
available at azovfilms.com, should I be concerned by the fact that a sticker
advertising the site was attached to the invoice I received through a vendor
associated with Amazon.com?
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UPDATE (08/28/2011):
The azovfilms.com website has been taken off-line apparently as a result of a
legal issue in Ukraine regarding some of the videos that were sold at
that website. Although "Cheesecake" is still listed at Amazon.com, it is currently
unavailable despite the fact that it is not involved in the legal situation
in Ukraine. According to news articles from Ukrainian newspapers some of the
videos sold at the azovfilms.com website contained images of nude children and
although the nude images are not themselves illegal, apparently not
obtaining parental consent before filming such videos is legally
questionable in Ukraine, as it would be in most countries. It seems that the
legal status of the situation has not yet been settled, but it is highly
unlikely that the videos in question will become available for sale
again anytime in the future. Although "Cheesecake" is temporarily unavailable
at Amazon.com, it is likely that it will become available there, one way or the
other, sooner or later, since there is nothing legally questionable about the
movie. Also note that the last link listed on this page provides information
about a vendor that does carry the "Cheesecake" movie, should you happen to
be interested in viewing it.
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