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PaperclipPerfector  17hr ago (text post)   802 thread views

Friday Fun Thread for September 20, 2024

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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It's not clear whether it's illegal in the strict formalist sense.

It probably isn't, but as you observed, you can be denied a security clearance for behavior that is not illegal. For example, smoking weed in a state where it's legal (granted, that is still federally illegal), or having too many foreign contacts, or having financial problems or a gambling habit.

It used to be, of course, that homosexuality was grounds for denying a security clearance. The reasoning was that it "made you vulnerable to extortion," but even an out and proud homosexual would be judged unsuitable. Homosexuality is now a protected class, but being a furry hentai aficionado is not (yet).

So yeah, looking at underage hentai, even if they are 1000-year-old vampires, is probably legal but still likely gonna get you flagged as "deviant with lack of impulse control and judgement" by a background investigator. (I too have questions about "intent to continue doing so" - who actually tells the humorless polygrapher who's about to torpedo your career, "Yes, I totally intend to keep doing this"? But then I have watched a lot of police bodycam and predcatcher YouTube, and the things people will admit to on camera is amazing, so...)

I think some or all of the underage content would be covered and illegal under federal obscenity law, if in the same marijuana sense. There probably is a Stanley v. Georgia right to receive non-obscene furry porn, though I wouldn't want to wager that much on any one piece as passing that test and I wouldn't be absolutely confident in Stanley surviving modern review.

I too have questions about "intent to continue doing so" - who actually tells the humorless polygrapher who's about to torpedo your career, "Yes, I totally intend to keep doing this"?

I tracked down the full complaint and security background paperwork (attachment 2, relevant page 147) on the FOIA project. 'Intent to continue' seems attached only to the supercategory of 'these types of images', even by the government's telling. Especially if Bierly didn't realize how deep shit he was in, not completely disavowing future consumption of above-age furry porn and/or insufficiently distinguishing between it is... plausible. And it's kinda clearance investigator's jobs to not let people they're investigat_ing_ realize the shit is neck-high.

((Hell, there are some internal parts of how tags/blacklisting worked at e621 at the time where that might have augmented that confusion even had Bierly been very aggressive about blocking underage content, though I expect no one wants to hear about those details.))

But short of his account getting linked to his real name, and maybe not even then, we're probably never gonna know with more certainty than just what he wants us to think the story is.

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