Police from the UK, US, Canada and Australia have set up a site posing as a child porn web site. Anyone who continues to use it after multiple warnings will get a visit from big brother.
I don’t even know what to say about this, its shocking. While by the letter of the law this isn’t entrapment as such since the person chooses to continue after warnings, I still think it’s a nasty thing to be doing. Protecting children is becoming a one-size-fits-all explanation for all sorts of liberties taken by law enforcement agencies, just like the fight-again-terrorism.
From the ‘Lectric Law Library‘s definition of Entrapment:
ENTRAPMENT – A person is ‘entrapped’ when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
