November 30, 2006 4:00 AM PST
Federal case may redefine child porn
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Pierson's Web site boasted he has the "most wonderful wife in the world and two fantastic daughters." And until recently, he ran a business called Beautiful Super Models that charged $175 for portraits of aspiring models under 18.
In a federal indictment announced this week, the U.S. Department of Justice accused Pierson, 43, of being a child pornographer--even though even prosecutors acknowledge there's no evidence he has ever taken a single photograph of an unclothed minor.
Rather, they argue, his models struck poses that were illegally provocative. "The images charged are not legitimate child modeling, but rather lascivious poses one would expect to see in an adult magazine," Alice Martin, U.S. attorney for the northern district of Alabama, said in a statement.
Pierson's child pornography indictment arises out of an FBI and U.S. Postal Inspection Service investigation of so-called child modeling sites, which have been the subject of a series of critical congressional hearings and news reports in the last few years. An August article in The New York Times, for instance, called the modeling Web sites "the latest trend in child exploitation."
photographer
In addition to Pierson, the U.S. attorney also announced indictments against Marc Greenberg, 42, Jeffrey Libman, 39, partners in a Fort Lauderdale, Fla., business called Webe Web, which in turn ran the now-defunct ChildSuperModels.com site. It was one of the larger sites that featured photographs of child models, allegedly from Pierson, and became the target of a report on Florida's NBC6 affiliate suggesting that it was a magnet for pedophiles.
First Amendment scholars interviewed Wednesday raised questions about the Justice Department's attack on Internet child modeling. They warned that any legal precedent might endanger the mainstream use of child models in advertising and suggested that prosecutors' budgets might be better spent investigating actual cases of child molestation.
NYU law professor
"I don't know what the DOJ's trying," said Lee Tien, an attorney at the Electronic Frontier Foundation, a civil liberties group. "The best I can say is that it's puzzling that they would devote investigative and law enforcement resources to something (like this). This is a far cry from what folks normally think of as child pornography."
The Web sites that prompted the indictments are now offline. But copies saved in Google's cache and through Archive.org show the photographs in question depicted girls wearing everything from sweaters to, more frequently, swimsuits and midriff-baring attire. Parents appear to have given their consent.
Richard Jaffe, Pierson's attorney, said he could not immediately comment because he was in court on Wednesday. Jill Ellis, a spokeswoman for the U.S. Attorney's Office in the northern district of Alabama, confirmed to CNET News.com that no nudity was involved. An arraignment for Pierson has been scheduled for December 14 before U.S. Magistrate Judge Robert Armstrong.
No sex, no nudity
Because no sex or nudity is involved, the prosecutions raise unusual First Amendment concerns that stretch beyond mere modeling-related Web sites: children and teens in various degrees of undress appear in everything from newspaper underwear advertisements to the covers of Seventeen and Vogue.
U.S. Attorney
When actress and model Brooke Shields was 15 years old, for instance, she appeared in a racy Calvin Klein jean advertisement featuring the memorable line, "Nothing comes between me and my Calvins." Shields also appeared nude at 12 years old in an Oscar-nominated movie called Pretty Baby that was set in a New Orleans brothel. Similarly, 14-year-old Jodie Foster, wearing revealing clothing, played a pre-teen prostitute in Martin Scorsese's Taxi Driver.
Sally Mann, named Time magazine's "photographer of the year" in 2001, was attacked by critics for featuring nude images of her own children in a book called Immediate Family. Famed photographer Jock Sturges' photos often feature nude boys and girls on the beaches of California and France--images that are far more revealing than those of swimsuit-clad youths.
See more CNET content tagged:
indictment, nudity, attorney, First Amendment, Alabama
114 comments
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here are desperate people trying to make money dancing on that line
0-<|
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what can i get away with and still make millions of dollars from the pervs out there?
Every federal bureaucracy should have their budgets slashed in half, because right now my tax dollars are just being wasted.
_
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^
http://www.veoh.com/videos/v942166fF6X9NqW
http://www.veoh.com/videos/v942166fF6X9NqW
I want you to understand that I DO NOT TAKE THE BIBLE 100% LITTERALY like most people do. I think most of the stories are metaphors to reach a point & explain what once was unexplainable. But Hard-core Christians do believe every word, and this is what they believe: That, there was no death in the world until Adam and Eve ate the Forbidden Fruit of Knowledge. Once They ate it, death plagued all God's creatures. To counter this, God said "Thou shale be fruitful and multiply."
THIS IS WHY CHRISTIANS HATE THEIR OWN HETEROSEXUALITY, AND THE NAKED HUMAN BODY. To them, it is a constant reminder of paradise lost when Adam and Eve ate The Forbidden Fruit. For a Christian to believe that THIS is how the world was when it was created, you would have to believe that THE FIRST MAN AND WOMAN HAD NO GENITAILIA. Since they were designed to live forever, they had no reason to reproduce, and if they ate fruit from The Tree Of Life, they would have had no need of a complicated digestive system to pump out human waste.
In short, once The Forbidden Fruit was eaten, death plagued the Earth, then God gave all creatures genitals to reproduce so that even though we die, life would always flourish. Now, most reasonable people have accepted that this is all metaphoric nonsense, and the theory of evolution is how life REALLY beggan, but as I said this country is run by hard-core Christians who think the naked human body and sexual reproduction is an evil mutation to counter death, brought on by a lie from the devil who tricked the first man and woman into disobeying God and eatiing the Forbidden Fruit. Christians will never accept hetorosexuality as normal, so they will never accept ANY form of sexuality. It even says in the bible: "For a man to lay down with another man is an abomination to God" I think it says the same thing about lesbians too.
I don't agree with everything Christians say and do, but when it comes to fighting pedophiles, and childporn, looks like I have and entire planet full of sex-hating religious kooks on MY SIDE.
First of all, this case will not cause any parent to loose personal photos of their own children. No one is interetsed in your ugly kids.
Secondly, these so-called "child modeling" sites are not making photos and videos of children for advertising a particular product. In this case, the child IS the product. More specificaly, the child's underdeveloped sexuality is the product.
Thridly, the only people who buy this garbage are pedophiles. It's pretty obvious. I mean, we aren't talking about Hanna Montanna or the the straight-to-video Olsen Twin films that were made for children. Videos like that were made for kids and are widely well known. Normal people don't know that these sexy preteen sites exist until someone makes a federal case over them. They don't know they exist because only pedphiles, like you people, know, because the site caters to your need to see children in a sexual way.
Now, getting back to normal pictures of children in the media, and the videos. Toy commercials, movies, diapaer ads, plays, underage beauty pagents, cheerleading. Things like that will always exist, but they weren't made for pedophiles to "get off" on. commercials for diapers and underoos are made to sell a particular product. Sure, a pedophile will see it as being sexual, but that can't be helped. Pedophiles have a problem. So is it a smart idea to cater to their sick sexual fantasy? Pedopillia is a crime. Making a product for them to buy and make a profit from their sickness is about as smart as selling weapons to well known killers.
People have been using children model in all types of media for longer than anyone can remember. What next? Can parents no longer take pictures of their children? If the head is facing this direction, and the arm held just so... *poof* pornography! Has any of the people in the Bush administration actually see what kids where these day. Maybe we need to bring in all the clothes manufacturers on pornography charges as well.
Its not pornography if the kid is not naked or involved in sex. Unless the child feels exploited or the parents were not involved; these kids are just making a living.
Once you allow obscure laws to be passed, you lose control on how they are interpreted. Honestly, any photos like this could be your innocent family photos. How many people put those on the web?
Its not pornography because someone gets off on it. If that is the case then no one should leave their houses in the morning. I guess I should start suing every women in a short skirt for public displays of pornography...
I didn't know kids had to make a living. I thought that was the parents job.
We prefer to outlaw seductive non-nude pictures not because they inspire evil behavior by perverts, but they remind us that our kids are growing up and we refuse to deal with it......
and just maybe we have a few guilty urges of our own as we watch that 8 year old board tranform into a 14 year old rack and butt.
It is much better to throw harmless men who have dealt with these issues into jail than to have to deal with them ourselves.
How dare they make us confront ourselves!!!
Children don't necessarily know if they are being exploited, or at least they don't know how to voice concern if they are. That's why they have government protection.
These children were put into poses that resemble models in Maxim magazine, not Seventeen.
That's why this dude is in trouble.
WOW
they bear no responsibiity for allowing their children to so
photographed?
I'm sorry, but really, someone needs to let folks know that
parenting is a FULL TIME JOB. If you don't / won't / can't assume
responsibility for you child's welfare, then perhaps you shouldn't
have children.
Seriously, you are out here casting stones at innocents.
http://www.veoh.com/videos/v942166fF6X9NqW
to mention sincerity) when they choose to spend time and
resources to investigate and prosecute a case as absurd as this and
yet show virtually no interest in prosecuting former congressman
Tom Foley
http://www.veoh.com/videos/v942166fF6X9NqW
is the only decision jurors make.
That reminds me old anecdote.
A person with problem comes to a doctor: he can't stop thinking about sex. After few questions, doctor decided to conduct simple test. He shows a picture with black circle on white background. "Oh! I see!! That's pond, there is couple in it and they are doing it!!!" replies promptly visitor. Intrigued doctor shows next picture with black square on it. The visitor reacts quickly: "That's bedroom window and the couple in there are doing it!!". Completely confused doctor shows him last picture with black triangle on it. Visitor doesn't think twice: "That's camping tent and couple inside are doing it!!!". Now totally lost doctor stops for a moment to think what to do next. Suddenly, his visitor's face becomes suspicious: "Doctor, where did you got such dirty pictures???". Lopata.
IOW, I think the prosecutors - not the photographer - needs to be checked.
people who take pictures of fully clothed kids in poses their
parents ordered.
It's not like there's anything else to work on. Except maybe
terrorism. Or illegal business pratcies. Or any one of a zillion other
things that are far more injurious to the public.
Seriously though... ***? So if I was a 15 yr old girl, in a bikini, laying on the beach with my legs spread open and some one happened to glance my way... could they be arrested for the same BS crap as this?
This is way to far... next thing you know, Sears will be indicted for taking pics of girls in their underwear for their catalogs.
This administration has just spiraled out of control...
"This administration has just spiraled out of control..."
Nope, this administration had spiraled out of control years ago. But
it's nice to see that some people are finally recognizing this
obvious fact ...
;-)
"This administration has just spiraled out of control..."
Nope, this administration had spiraled out of control years ago. But
it's nice to see that some people are finally recognizing this
obvious fact ...
;-)
I was looking at our photo scrapbook of our kids growing up and I saw my wife had some photo's in their of our kids nude, as babies.
That struck me as odd, because I would have never have taken such a photo. She thought that was ridiculous.
I have to agree, it is absurd. I've lived with it my whole life, so I don't know how absurd it is...
What if a perv does get off at looking at pictures of fully clothed children. I feel sorry for that guy... as for going after people who take photographs of fully clothed children...thats absurd.
We must, as a country, stop going after people for the thoughts that occur in other people's head.
If some weirdo gets off on looking at an old Buick, that doesn't mean I have to park my car in the garage!
As far as kids go, if they are clothed, and the parents have agreed, and the kids aren't forced or harmed... well, I say, this is a waste. At the very least, don't try to take vaguely worded legislation and make it apply. Write laws that are specific, and then if someone violates them, you'll have my support in going after the lawbreaker.
"At the very least, don't try to take vaguely worded legislation and make it apply."
Correct.
"Write laws that are specific, and then if someone violates them, you'll have my support in going after the lawbreaker."
THAT'S the sticky part. These laws MUST conform to the Constitution or we will be giving up yet MORE Constitutionally given rights!...destroying the USA as a whole, chipping at it bit by bit until it's too late!
That's a very dangerous precendent.
I'm certain many people have had thoughts of killing someone or committing some other illegal act. So we'd probably end up with maybe 99% of the population in prison.
Minority Report is one example of what can happen. The famous novel "1984" is another example.
I personally don't ever feel the intent to commit an act, devoid of any specific concrete preparations to commit the act in the near future (i.e. terrorists who stockpile weapons) should ever be considered a crime.
Next you'll get busted by photographing your newborn baby (unless only its head can be seen). Oh, wait, there were already such cases.
Nude beaches next.
Non-nude beaches after that. How dare you to walk with bare midriff in plain view!
Then a pious Catholic checkout girl in your drugstore will refuse to ring the condoms you want to buy (and she will get away with that, because it's her CONSCIOUSNESS).
Then a pious Muslim checkout boy will refuse to ring a bottle of wine or beer you're buying.
Just let them...
Remember back to those news images of the late Jonbenet Ramsey, all dolled up with loads of makeup, lipstick, and vamping it up in those child beauty contests? Those images shocked a lot of people, to see a little kid dressed uo and trained to act like an adult, but nobody stooped so low as to call it pornographic.
Maybe this whle thing is just a cynical strategy to establish some courtroom precedent for convictions under the new "2257" law before the new Congress has a chance to throw the entire law out.
Or perhaps there's a team of federally-employed kiddie-porn surfers somewhere who have a quota to meet; but they haven't been finding any truly offensive material in a while so they are now resorting to going after young professionals.
If beauty and conversely ugliness is primarily in the eye of the beholder, then apparently we have some highly depraved individuals now working at the Department of Justice, that need to get a life.
Oh and don't get caught with a Sear childrens underware catalog
or sale circular.
will be banned from public display in the States as it might be
construed as child pornography.
It says in her biography that the prosecutor was appointed by John Ashcroft. Wasn't he the guy that wanted to cover the statues in the Capitol?
Alexlonebear
BTW, have YOU ever seen a Muslim woman?
I have certainly seen any number of very attractive Arab and Persian women (not to mention all the other ethnicities with Muslim adherents) and my fair share of hideously unattractive evangelical Christians.
Also, as a brief historical note, the burka is hardly unique to Muslim culture. For instance, contrary to silly mass media portrayals, women in ancient Roman society NEVER wore togas. Togas were male-only couture (and then only for certain specific occasions, like attending the Senate.) On the few times a woman past puberty was permitted outside the home, she was required by both custom and law to wear a garment that covered her body from head to toe, with a small cut out for vision, i.e. a burka. A woman outside wearing a toga would have been stoned on the spot.
Likewise in many early Christian cultures, similar customs prevailed. In some they still do.
In medieval Europe in many areas women were required to stay indoors after puberty and prior to marriage. After her marriage a great deal of significance was put into her transfer from the home of her father to the home of her new husband (with etymological roots as in the words "animal husbandry.") She was again not permitted outside of either residence without a garment that rendered it impossible to discern her body shape and which covered her face and hair. Again, a burka.
NKJ Romans 14:23 But he who doubts is condemned if he eats, because he does not eat from faith; FOR WHATEVER IS NOT FROM FAITH IS SIN.
Except for the right to defend ourselves and our families from physical harm, God does not give any human or organization the right to force their beliefs and behavior on another human or organization.
NKJ Romans 14:4 WHO ARE YOU TO JUDGE ANOTHER'S SERVANT? To HIS OWN MASTER he stands or falls. Indeed, he will be made to stand, for God is able to make him stand.
Sexual Predator Hysteria
Its NOT only kids who need education on the dangers in this world ALL of them! Yes, they do need education about proper behaviors on the net, also. However, PARENTS/Educators need more accurate comprehension of the TRUE nature of sexual predators.
Test your Sexual Offender Intelligence Quotient here:
<a class="jive-link-external" href="http://www.soab.state.pa.us/soab/cwp/browse.asp?a=3&bc=0&c=39615&soabNav=" target="_newWindow">http://www.soab.state.pa.us/soab/cwp/browse.asp?a=3&bc=0&c=39615&soabNav=</a>
As an educator and/or parent Start YOUR education here:
<a class="jive-link-external" href="http://www.geocities.com/eadvocate/issues/?20064" target="_newWindow">http://www.geocities.com/eadvocate/issues/?20064</a>
Move along to these quotes from:
<a class="jive-link-external" href="http://portlandme.wpadmin.about.com/?comments_popup=257612:" target="_newWindow">http://portlandme.wpadmin.about.com/?comments_popup=257612:</a>
>According to data compiled by the U.S. Justice Department (<a class="jive-link-external" href="http://www.ojp.usdoj.gov/bjs/crimoff.htm#sex" target="_newWindow">http://www.ojp.usdoj.gov/bjs/crimoff.htm#sex</a> ), the high recidivism rate of sex offenders is a myth. Sex offenders have an overall recidivism rate of less than 6 percent over three years, and 40 percent of those who do re-offend do so in the first year after their release. More detailed analysis confirms that a sex offenders likelihood of committing a new crime decreases the longer he or she remains free; in other words, if theyre going to commit another crime, it will probably happen in the first few years after their release.
Of course, this sort of data doesnt make for good sound bytes for politicians seeking to foster a get tough image to bolster their chances for election or re-election; but its the truth, as much as they may deny it.
Nonetheless, the supposedly high sex offender recidivism rates that politicians seem to pull out of thin air (when was the last time you heard one cite an actual study to validate the numbers they quote?) have created an environment where the mere presence of an individual who committed a sex crime five, ten, or twenty years ago is enough to cast a community into a state of panic. Given the misinformation and lies of the politicians (and the medias dutiful reporting of same), its no wonder that some, at least, feel that vigilante justice is an appropriate response.
In the end, it all comes down to a simple question: Should our government be in the business of facilitating vigilantism? Certainly the legislators who wrote these laws will argue that that was not their intention, but the effect is the same.
These laws remind me of the attractive nuisance concept in liability law. People who work with potentially dangerous equipment (circular saws, pesticides, chemicals, and so forth) are required to safeguard those items to prevent curious children (and others) from hurting themselves. If a carpenter leaves his circular saw unattended and a child picks it up and cuts himself, the carpenter is liable for costs and damages related to the childs injuries. The argument that it wasnt the carpenters intent that a child pick up and play with his circular saw is irrelevant. By leaving it unattended, he created an attractive nuisance; and he is therefore liable.
Creating a public hysteria about sex offenders, and then publishing their names and addresses on the Web, where anyone can access that information without so much as providing identification, is akin to leaving a power saw unattended. Anyone stable or unstable, honorable or malicious can access that information and use it in any way they like. This opens the door not only to vigilantism, but also to innocent people being killed because of mistaken identity.
If this information is to be made public at all (personally, I think it should only be available to law enforcement professionals), then the only safe balance between the publics right to know and the concept of the rule of law is to release the information only to adults who physically walk into a police station, present identification, and make an inquiry about a particular individual. This creates accountability and helps safeguard against random vigilantism.
In other words, if the neighbor down the street seems to be a bit too friendly towards your children and you want to check him out, that seems to me a legitimate use of sex offender registration information. But to simply publish all of this data on the Web, with no safeguards to prevent it from being used irresponsibly or criminally, is unconscionable in a society whose conduct supposedly is based upon the rule of law.
Comment by Bugsy May 4, 2006 @ 10:01 am
Anyone who values their liberties and who has studied history should be afraid - very afraid of these laws.
Long before Hitler killed the first Jew in Nazi Germany, he paved the way for the wholesale disenfranchisement of human beings by you guessed it attacking the rights of sex offenders. From 1933 through 1936, a series of amendments were passed to Paragraphs 173 through 188 of the German Penal Law specifically targeting homosexuals and others determined to be sexual deviants.
The sex offender laws created under the Nazi Third Reich may as well have been the model for Megans Law. They established the first sex offender registry, required sex offenders to register their whereabouts and to wear pink triangles, and established draconian punishments for sex crimes that included long prison terms, loss of voting rights, confinement in concentration camps, and (sometimes) the death penalty. All of these laws were justified by the Nazis in the same way that our present-day politicians justify Megans Law: to protect the children from sexual predators.
Of course, Hitler had other things in mind, as history shows us; and targeting sex offenders was just a way to establish the precedent of wholesale deprivation of human rights in preparation for his later attacks against the people he truly hated.
Its doubtful that the German people would have acquiesced to Hitlers rounding up Jews, Gypsies, Communists, Socialists, trade unionists, and so forth, and sending them off to death camps in 1933 when he first ascended to power. Hitler had to first establish a precedent that some people were subhuman and unworthy of human rights and he started with the most universally despised group he could find.
Anyone who thinks that this couldnt happen again is delusional. The simple fact is that history shows that you cant single out one group for deprivation of civil rights without weakening those rights for everyone else.
Comment by Liberty Lover May 7, 2006 @ 8:54 am<
And while you're at it take a long hard look at these and THINK about the consequences of the afore mentioned Hysteria created by online 'S-exual O-ffender L-ists':
<a class="jive-link-external" href="http://abcnews.go.com/US/story?id=1855771&page=1" target="_newWindow">http://abcnews.go.com/US/story?id=1855771&page=1</a>
After you have read that one just think; If some vigilante found their next victim and instead found someone else at home, what would happen then???
And THINK about this one while you're at it:
<a class="jive-link-external" href="http://saltlakecity.about.com/b/a/257300.htm" target="_newWindow">http://saltlakecity.about.com/b/a/257300.htm</a>
Take this Poll on SOLs:
<a class="jive-link-external" href="http://saltlakecity.about.com/library/blsub/blpoll/blpollsexoffender2.htm" target="_newWindow">http://saltlakecity.about.com/library/blsub/blpoll/blpollsexoffender2.htm</a>
Or just view the Results:
<a class="jive-link-external" href="http://saltlakecity.about.com/gi/pages/poll.htm?linkback=http%3A%2F%2Fsaltlakecity.about.com%2Flibrary%2Fblsub%2Fblpoll%2Fblpollsexoffender2.htm&poll_id=5911059616&poll=3&submit1=Submit+Vote" target="_newWindow">http://saltlakecity.about.com/gi/pages/poll.htm?linkback=http%3A%2F%2Fsaltlakecity.about.com%2Flibrary%2Fblsub%2Fblpoll%2Fblpollsexoffender2.htm&poll_id=5911059616&poll=3&submit1=Submit+Vote</a>
At the time I took this poll a whopping 60% of us felt these lists did more harm than good!!!
Now for FBI info:
<a class="jive-link-external" href="http://www.fbi.gov/hq/cid/cac/registry.htm" target="_newWindow">http://www.fbi.gov/hq/cid/cac/registry.htm</a>
First it was Deadbeat Dads, Then Sexual Offenders Now this list making is on the increase:
<a class="jive-link-external" href="http://government.zdnet.com/?p=2532" target="_newWindow">http://government.zdnet.com/?p=2532</a>
<a class="jive-link-external" href="http://government.zdnet.com/?p=2723" target="_newWindow">http://government.zdnet.com/?p=2723</a>
AND its going to get to be an even BIGGER PROBLEM! I watched a Council Meeting in Washington, D.C. on CNBC yesterday about ISPs tracking in REAL time every single move you make on-line and keeping those records for an indefinite period of time. They were discussing existing laws and possible future laws pertaining to this subject.
All of this flies directly in the face of our Founding Fathers and the Constitution/Bill of Rights they forged for our country to begin with.
<a class="jive-link-external" href="http://findlaw.com/casecode/constitution/" target="_newWindow">http://findlaw.com/casecode/constitution/</a>
<a class="jive-link-external" href="http://www.law.cornell.edu/constitution/constitution.billofrights.html" target="_newWindow">http://www.law.cornell.edu/constitution/constitution.billofrights.html</a>
Giving up your rights that millions have fought for just so you can 'feel safe' is the very definition of cowardice.
If the gov continues to make lists of people, we ALL will find ourselves on at least ONE of them!!! Which list will YOU be on???
BTW: A No Brainer: Predators Prefer Dimwitted Prey
<a class="jive-link-external" href="http://www.livescience.com/animalworld/060802_brain_prey.html" target="_newWindow">http://www.livescience.com/animalworld/060802_brain_prey.html</a>
they are more "explicit" than a lot of the web modeling sites
from the little I have seen, webe web seems to always have stayed between the boundaries of the law, and never went even remotly close to way sites are in Europe or the way it is in trueteenbabes
prosecuting them is basically like someone prosecuting a hardware store, because they sell manure, Bottles, wires, Rubbing alcohol and pieces of cloths, all of which, if bought can potentially be used to make a simple bomb
if convicted, it would mean that all runway models would have to be at least 18, and no more Miss teen(14 to 18 years old)contest unless they don't do swimsuit portion of the contest
it would mean that a lot of the Teen girl groups would have to be prosecuted(like TLC when they started)as they were wearing "sexy clothes"
Our perceptions are way overblown or even baseless when you
look at any of the objective data on all three.
It shows an extreme failure to educate our people to find,
evaluate, understand, and reason from evidence.
Or perhaps we can understand data, but we'd rather live in
hysteria.
Got me.
Either way, it's sad; it's like we don't have time to think anymore.