Dr. Frank Kardasz (Ed.D)

Dr. Kardasz:

A bill being introduced into the Arizona Senate would permit increased duplication and the possible subsequent trafficking of child pornography. I recommend that the bill be rejected and I sent the following letter to the Arizona Legislature. If you also oppose the bill, please contact the legislature and let them know your thoughts. A list of their email addresses appears at the end of this letter.

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February 10, 2007 

Dear Chairman Farnsworth, Vice-Chairman Driggs and distinguished members of the Committee,

The purpose of this email is to oppose SB 1329. Approval of the bill would encourage the duplication and trafficking of child pornography. I recommend that the bill be rejected.

Discussion

Child pornography is a peculiar type of contraband for two reasons:

1. Child pornography is the only type of contraband that penetrates the human psyche through the sense of sight. Unlike drugs that must be ingested through the bloodstream or respiratory systems, child pornography is illegal when seen. Consequently, the viewing of child pornography must be very carefully protected from those who have no legal reason to see it.

2. Child pornography is also peculiar because it is very easily duplicated. Unlike drugs, an image of child pornography can be copied using the computer software that is standard with most computers. Images can also be duplicated using digital cameras, copy machines or computer printers. Computer files containing contraband images can be quickly transferred to portable storage media including thumb drives, floppy disks or compact disks.

Child pornography must be carefully protected once it becomes evidence. It should not be unnecessarily duplicated nor released to the defense during the legal process of discovery. Most prosecuting attorneys have procedures in place to permit defense attorneys representing accused individuals to view images for court preparation under carefully controlled conditions. The Maricopa County Attorney's Office has procedures in place that permit the defense to view the evidence while simultaneously protecting the evidence from uncontrolled release.

Conclusion

SB 1329 encourages the unnecessary replication of contraband and the subsequent risk of increased trafficking of child pornography. The bill should be rejected.

Regards,

Dr. Frank Kardasz

link to further information about child pornography: http://www.kardasz.org/Unlawful_Images_are_Serious_Crimes.html

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Link to the proposed bill: http://www.azleg.gov/FormatDocument.asp?inDoc=%2Flegtext%2F48leg%2F1r%2Fproposed%2Fs%2E1329942jud%2Edoc%2Ehtm

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The Arizona State Legislature