[hrktb]

* If you were a rape victim*

Porn is fiction and there's no victim. A depiction of a real illegal act is not what you would call porn, it's snuff video perhaps, and distributing it is already or should be prohibited under different laws.

[JabavuAdams]

> Porn is fiction and there's no victim.

This is an unreasonably strong statement, and very likely untrue. There is no way for end-users of porn to reliably verify that performers in a specific video aren't under duress, aren't being trafficked, etc. Yes, if one knew that a crime was being committed, one could call it a crime, but this is effectively impossible for the vast majority of porn. At best one can hope that no one was harmed.

[Eliezer]

How do you know that Paul Graham isn't using slave programmers in his basement to run Hacker News?

[JabavuAdams]

My model of Paul Graham assigns that a very low probability.

The parent's argument hinges on being able to clearly distinguish what people call porn from criminally-produced media. Essentially the No True Scotsman Fallacy.

My point is that it's basically impossible to do that, in practice. Sure one could imagine a conscientious porn consumer who only goes to certain trusted producers. Maybe that's what you're getting at with your PG reference?

[TeMPOraL]

I don't. But, as opposed to porn, in case of pg the incentive structure seems not to be there.

I remember reading some articles about sex trafficking and porn production, but would have to dig them up to find some actual data.

I somehow doubt porn industry works like IT; I don't think you get to dump your video studio because the formerly free sodas you used for refreshment after the act now cost $.50.

[foobarbazqux]

Sex trafficking is a well-documented phenomenon.

[derleth]

So compare it to the drug trade:

The ancillary crimes happen when the core product is criminalized; that is, you get drive-bys and chemical plant and pharmacy robberies when drug production is illegal such that the only way to compete in the drug world is to commit other crimes to defend your market and get raw materials.

When the product is legitimized, as happened with alcohol in the US in 1933, the criminal element moves out because it can't withstand the scrutiny a legitimate business is put under as a matter of course. Any legitimate brewing or distilling operation is being looked at from too many angles related to food regulations and taxes and OSHA and so on to be able to risk having undocumented workers make bathtub gin in a basement while killing off their competition.

From this, we can predict that outlawing porn, or making some kinds of porn illegal, will only serve to make the production of that porn a nastier, more illegal business which does more overall harm to society.

In short: Crime breeds crime.

[foobarbazqux]

I understand your argument as it applies to drugs, but the problem when it's applied to porn is that while nobody is harmed by growing drugs, some people are harmed in some porn productions. So it's not an accurate analogy. As an extreme, do you believe it would be better if we could sell snuff films legally?

[ewbuoi]

Innocent people's lives are ruined by drugs every day. One example off the top of my head is people coerced into being drug mules and end up getting caught by Customs. If (violent) porn is legal, the producers will be under much greater scrutiny than if they were forced in to the black market.

[hrktb]

I'd say traffickers are not victim of porn but victims of their producers.

It would be the same case for Nike shoes made by underage children, harvested donor parts masqueraded as ethical donations, fur mantles made with illegally hunted animals, black tuna fished from illegal waters etc. The product is not the problem, the process is to be condemned.

I understand there are some product more prone to abusive behaviors than others, and porn is not the industry with the cleanest image. But assigning the abuses on the products/industry itself is not looking at the root issues (the scumbags doing illegal/immoral things for money. They'd just do other scumbaggy things if porn wasn't worth it).

PS: for clarity, I think less stigma around porn would make it a healthier industry, and I believe there should be more checks to minimize the abuses we see today. It's unfortunate there's so many of them, and I wish porn could become a simple subset of entertainment contents in every way. For now game and anime porn would be the closest to this ideal, with people just doing their jobs in a professional matter with lesser social stigma.

[withad]

I know. I said that I didn't have an issue with porn, I was simply explaining to glesica the logic behind making actual rape films illegal.

[hrktb]

Even focusing on real rape only it's a delicate question.

Perhaps the focus on movie recordings is misleading. It's the same issue as photography, and on the still image side it has been and still is discussed to death: should image of victims be banned ? What can be broadcasted and what can not ? Shouldn't a rape victim's identity be always protected ? Or is it OK if he/she agrees with the publication of convicting pieces ? Or what if he/she kills the assaulter afterwards ? Is it OK to have private shots of events other people don't want published ?

There's hundred of questions we could think of in the lapse of a conversation, just making 'films' illegal won't answer them all.

Edit: skipped a word in last sentence