Website links to the "Body art" site, the webmaster was accused of yellow

"I link the body art, is the art!" Not only because it is their hobby, but also for their own browsing, how I am ' involved in yellow '! "The Little king who sits in court doesn't want to understand. Because there is a link on the website called "Sky Feather Human Photography" web site, Xiao Wang was under criminal detention, and stood in the dock of Guandu court, its accusation is "spread obscene articles crime", and "Kunming information" on this part of the once-click rate quite high content, needless to say, also was shut down

Website links to the "Body art" site, the webmaster was accused of yellow

Accusation

Self-built website link "Human Body Photographic Network"

Xiao Wang, majoring in computer science, graduated from Yunnan Energy Vocational and Technical College in 2004. In 2007, Xiao Wang set up a website. After some thinking and screening, Xiao Wang will own the site named "Kunming Harbor" (Site for http://www.kmdaily.com, the site and Kunming http://www.kunming.cn is not the same site)

Website just set up, the development momentum is very swift and violent. "At that time, I was tested on my site rankings, both in Baidu and Google search, in the second position. "How can you make your site more appealing?" he said. December 11, 2008, Xiao Wang in the "Kunming Port" page added to the "Kunming Harbor" human Body art channel, the "Days of Human Photography" website link to their own website.

In order to make the content more detailed, the human art channel also carried out a strict classification, it includes: "Asian Human Photography", "European and American human body Photography", "Body art appreciation" and "human photographic tidbits" Four small columns, and each column is divided into several categories, by opening these categories can browse some nude women photos.

Website involved yellow "webmaster" into the defendant

Wang completed the creation of the site, as well as a series of maintenance since then, in its Guandu District in the Green Shed village in the rental room completed. In the "Days of human photography" site Link, "Kunming Harbor human Body Art channel" on the Content and "Sky Feather Human Photography" on the content will be synchronized update. As for the maintenance of the website and the source of the Web server, according to the record of Xiao Wang in the public security organ, it mainly through FTP upload program to its use of the server on the site for day-to-day maintenance. "Server is a friend of mine to buy, because I am responsible for helping friends to do the site, friends on this server gave me 30G of space to use." ”

Xiao Wang's "Kunming Harbor human Body Art channel" only created a week's time, the development is in full swing. However, December 17, 2008, the channel was seized by the public security organs. The next day, Xiao Wang was detained by police station.

According to the Public security organs, December 11, 2008 to 17th, the criminal suspect Xiao Wang will "human photography online pornographic pictures" link to his creation of "Kunming Harbor human Body Art channel" for netizens to browse. The 1240 photos involved were sent to the relevant departments to identify pornographic images, only a week, the site's browsing times reached more than 116,000 times. The public prosecution organ subsequently sued Xiao Wang for spreading obscene articles to the court.

Trial

Defendant: "Breach of link" rather than "yellow-related"

In yesterday's trial, Xiao Wang never considered himself "involved in yellow", not to admit his crime. "I love art, the links on the website are for my own browsing, not to increase the click rate." Xiao Wang said that the indictment is only a virtual click-through rate, the actual click rate below 500 times.

Its defenders also believe that Xiao Wang is a legitimate way to create a website, in the Internet Information Center also has ICP record. Its links to the site is legal, "the site has not been identified as obscene sites and shut down, how can Xiao Wang's behavior be identified as a ' suspected spread of obscene materials '?" "The agent believes that Xiao Wang's behavior is only a violation of the link."

At the same time, the defenders of the pictures involved in the identification of the conclusions raised questions. According to the relevant provisions, the identification of pornographic materials, should be the provincial press and publication management department responsible for appraisal. In this case, the identification of the pictures involved is not identified by the Press and publication unit, and the identification of the relevant appraiser qualification attachment is not attached to the certificate, the identification procedure is not legal.

Plaintiff: Identification of effective picture "involved in yellow"

For the click Rate, prosecutors believe that, according to the Supreme People's Procuratorate of the Ministry of Public Security on criminal cases filing standards, suspected spread of obscene articles to 200 pictures of more than twice times can be convicted. The case involved thousands of pictures, using internet terminals to spread, although not for the purpose of profit, but the society caused a bad impact. For such cases of criminal responsibility, not by the amount of clicks to calculate, but the number of pictures involved to determine.

And for the defender to put forward the opinion that the appraisal conclusion is invalid, the public prosecutor said, the obscene material security organ has the power to investigate, to these involved special goods public security organ has the authority to entrust the related Department to appraise The defender has no basis for the suspicion of the conclusion of the appraisal.

In yesterday's trial, when the public prosecutor to testify to the security organs of the full video information, due to equipment restrictions, the prosecution organs did not play in court. In this regard, the defence defender believes that, according to the law, "the final evidence must be presented in court". On this issue, the two sides have a big disagreement. After the collegiate collegial panel, the judge decided to adjourn the case and choose the day to retrial.

After this case, "Kunming Harbor human Body Art channel" has been closed. Yesterday, the reporter on the website search "Days Feather Human Photography" site, but still can find.