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DPS MMS scandal: SC stays proceedings against eBay, its chief
Bajaj in his petition stated that Section 67 of the Act does not define the term obscenity and thus liability cannot be fixed on him for merely listing of the 2.37-minute video clip even if it was obscene. "Even assuming that the video clip is obscene, mere 'listing' cannot be obscene for the purpose of Section 67 of the Act merely because the video clip may be obscene," he said while seeking quashing of all the proceedings against him.
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The Supreme Court today stayed the proceedings against auction portal eBay India Pvt Ltd and its chief Avinash Bajaj for allegedly permitting sale of an MMS clip showing two school students from a Delhi school indulging in a sexual act.
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Bajaj in his petition stated that Section 67 of the Act does not define the term obscenity and thus liability cannot be fixed on him for merely listing of the 2.37-minute video clip even if it was obscene. "Even assuming that the video clip is obscene, mere 'listing' cannot be obscene for the purpose of Section 67 of the Act merely because the video clip may be obscene," he said while seeking quashing of all the proceedings against him.
What’s obscene? Google could have an answer - IndianExpress.Com
Judges and jurors who must decide whether sexually explicit material is obscene are asked to use a local yardstick: does the material violate community standards?
That is often a tricky question because there is no simple, concrete way to gauge a community’s tastes and values.
The Internet may be changing that. In a novel approach, the defence in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbours have broader interests than they might have thought. In the trial of a pornographic website operator, the defence plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon”. The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defence lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics.
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udges and jurors who must decide whether sexually explicit material is obscene are asked to use a local yardstick: does the material violate community standards?
That is often a tricky question because there is no simple, concrete way to gauge a community’s tastes and values.
The Internet may be changing that. In a novel approach, the defence in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbours have broader interests than they might have thought. In the trial of a pornographic website operator, the defence plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon”. The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defence lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics.
It is not clear that the approach will succeed. The Florida state prosecutor in the case, which is scheduled for trial July 1, said the search data may not be relevant because the volume of Internet searches is not necessarily an indication of, or proxy for, a community’s values. But the tactic is another example of the value of data collected by Internet companies like Google, both from a commercial standpoint and as a window into the thoughts.
US Judge in obscenity trial has website with explicit photos
A closely watched obscenity trial in federal court here was suspended on Wednesday after the judge acknowledged maintaining his own publicly accessible website featuring sexually explicit photos.
Alex Kozinski — chief judge of the 9th US Circuit Court of Appeals — granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore “a potential conflict of interest concerning the court having a... sexually explicit website with similar material to what is on trial here”.
Kozinski acknowledged posting sexual content on his website. Among the images on the site were 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. He defended some of the adult content as “funny” but conceded that other postings were inappropriate.
Kozinski, 57, said that he thought the site was for his private storage and that he was not aware the images could be seen by the public. He also said he had shared some material on the site with friends. He then blocked public access to the site.
Kozinski is one of the nation’s highest-ranking judges and has been mentioned as a possible candidate for the US Supreme Court. He was named chief judge of the 9th Circuit last year and is considered a judicial conservative on most issues. He was appointed to the federal bench by President Reagan in 1985.
After publication of an latimes.com article about his website on Wednesday, the judge offered another explanation for how the material might have been posted to the site. As controversy about the website spread, Kozinski was seeking to shift responsibility, at least in part, to his adult son, Yale.
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