21-Year-Old Sentenced To 2 Months For YouTube JokeAdded: Friday, April 22nd, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
A week ago Evan Emory was sentenced to 2 months jail time, coupled with 2 years probation, 200 hours of community service, and even counselling and fines. He managed to get all this for merely recording a YouTube joke video, where the guy was singing a sex song to school kids. In reality, he didn't sing that to children, of course, but just edited the song in such way that it appeared so. This fact Evan Emory pointed out with 2 disclaimers in the video, which was deleted from the web. Despite the fact that he managed to avoid a "manufacturing kids pornography" charge via a plea deal (which means that he wouldn't have to register as a sex offender after his release), the guy pleaded no contest to "illegal publishing of an online message with aggravating circumstances".
Actually, Evan Emory just performed an innocent song to elementary school children, but after this he came back to the empty classroom and there recorded another, "dirty" song. Afterwards he edited the footage simply for comedic value. It is reported that the verses of the deleted video included lines like: "I want to stick my index finger in your anus."
Judge William C. Marietti, even after realizing the circumstances of the case, decided to punish the defendant, admitting that there seemed to be a generational divide. And he is right – while the youth is saying that it’s not a big deal, the older generation is outraged. According to the prosecutor, this poor judgement had left a wake of victims.
When defending Evan Emory, his attorney pointed out that the guy has written about 50 other songs, but none of them related to kids or sex in any way. However, the kids’ parents claimed that this video was lewd, disgusting, and perverted. They also pointed out that it was about taking innocence, which is exactly what parents are trying to keep. Parents are right, of course, but Evan Emory is not the right target for keeping innocence. For example, the most popular song on the iTunes charts right now contains the lines: “Tell me what's next/ Alien sex/ I'mma disrobe you/ then I'mma probe you”. As far as you understand, kids will more likely hear this song than anything recorded by the guy who just wanted to play a joke and is not on any charts at the moment.
April 22nd,2011Posted by:
Friday, April 22nd, 2011
|Man When would people understand..our generation...community service could have been justified..but jail..man the judges should go for some counselling|
|The world is really going to sh1t.|
|agreed.. this is BS... if he sang it to the kids.. sure. But c'mon. How are not all artists prosecuted like this? Freedom of speech? Tell that to Evan...|
|posted by (2011-04-22 16:56:16)|
|man i say way worse than this on xbox live lol there are sick people out there like oj who murder people and get to rome free but this guy just having fun gets arrested and 2 months jail time? bs and besides, dont most pop/rap artists say way worse than stuff like this|
|we seem to have all lost our sense of humor and are worried about appearances of political correctness. It was a joke that was clearly defined as a joke with disclaimers. Next thing you'll be going to jail for telling a mate a dirty joke that someone accidentally hears.|
|So, if an actor plays a child molester in a movie, he would be arrested and convicted to?|
|posted by (2011-04-22 17:33:32)|
|You can't cure Stupid, AND THEN he took that video and played it while performing at a local comedy club.|
If my kid where in that video I would Kick the crap out of him.
Imagine going to the Comedy Club and seeing your 1st grade daughter and friends in that Video
He wanted his 15 minutes of Fame, so he got it! Real Life is not a Movie set!
|posted by (2011-04-22 17:35:19)|
|well it sounds to me like they need to stick it to family guy and southpark even though i like both shows.I mean family guy has a full blowin pedo but they go after an average person for a joke.2 months in jail isn't that bad will give the guy a taste of the real life but he shouldn't have to deal with it for a joke if he didn't sing the song to the kids but made it look that way.he did not commet a crime, i mean look at all the comedian they should arrest for some of the same genre of jokes.|
|There was a skit on "Mr. Show with Bob and David" where a naked lady is reading a story to kids. You could see her boobs, but not her cooch. I wonder why these guys didn't get into trouble. And this was back in the late 90's.|
|I saw that video but i thought it was dave chappelle|
|He deserved what he got. This is not something to joke about. It's sick and disgusting to think anyone could find such subject matter funny.|
|This video may be funny to some people but not others. The best place to find clean jokes that are actually short and funny, go to this site: <a href="|
|This video may be funny to some people but not others. The best place to find clean jokes that are actually short and funny, go to this site: <ahref="|
|posted by (2011-04-22 20:56:57)|
|Anyone got link? lol|
|posted by (2011-04-23 00:49:07)|
|so... singing to the kids about sex is wrong, but playing the radio with songs about sex is ok?|
|Anyone (joking about) wanting to stick some finger up any kids arse deserves jailtime. This guy is just sick, put him away.|
|The fact that this said individual even thought about sex with kids(joke or not) is the main problem.|
|Excerpts from Evan Emory video, including lyrics and description of children:|
“See how long it takes to make your panties mine”
(wide shot of the children)
“I'll add some foreplay in just to make it fun”
(close up of girl laughing)
“I want you to suck on my testes until I spurt in your face”
(close up of girl covering her mouth)
“I'll lick on your chewie”
(close up of two girls covering their mouths)
“I want to stick my index finger in your anus”
(close up of boy making a shocked face)
“I'll be the bus riding your ass up and down my town”
(close up of boy with grossed-out look on his face)
“I'm gonna use my sausage to make fettucine, then for dessert have a Harry Houdini”
(close up of girl laughing and rocking)
|How is that not offensive? Especially to and involving children?|
|posted by (2011-04-23 03:49:41)|
|True the video is offensive. But ACTUAL paedophiles get less than this if they come before the courts at all. A lot of the time the legal system cannot prove the act so the B A S T A R D S get away with it! How is this justice for anybody?|
|keep it up bro.. next time see u in hell|
|posted by (2011-04-23 17:37:57)|
|in my eyes im glad he got jail time hope he gets bummed in the showers may teach him a lesson before doing this kind of thing..|
|posted by (2011-04-23 17:44:13)|
|xbmctv (so... singing to the kids about sex is wrong, but playing the radio with songs about sex is ok?) difference between singing to the kids about sex than directing a video aimed at kids in this kind of manner.|
|thats sad for him|
|posted by (2011-04-24 03:39:11)|
|What an idiot... I'm glad he got jail time. Anyone who thinks that crap involving kids is funny should be right there next to him - bunk buddies.|
|i have to say i understand if he got probation,jail time is wrong,i mean c'mon people do parody's all the time. i have 2 kids & i am not outraged. it was a joke & nobody was hurt. he did it in a EMPTY classroom. i mean i see more perverted things from stewie on the family guy and he is always trying to kill his mom, should we put the people who write that show in jail? don't get me wrong i love the show. it's funny.|
|Poor guy, he sings a song about sex and gets judicially violated for it. I could understand him getting a fine or something for putting(using) video footage of the children on the internet without consent, if he did not in fact get consent to use the footage. As far as the joke goes it is rather harmless. The real sick people are the ones who are saying that because of this joke he is a pedo or a pervert. How sick do you have to be to think that? There is mainstream media all over the internet, tv, and radio that is as bad and even worse than his lyrics that children are exposed to everyday, but because this guy isn't a millionaire he get to be a scapegoat. The same old people who complain about it love their Viagra commercials that plays at all hours of the days, even during kids shows. They don't complain about that though, they just place their order.|
|lil Wayne can do songs like puss* monster and kids can Google it on you tube but this guy cant pretend to sing sexy songs to children? COME ON if the day comes where i cant sing sexual songs to kids then i dont want to be alive any more. LOL|
|everything in America is weird !!!|
|The difference between this guy and some rap video with sexually explict lyrics is he was using kids pictures in his video. Is there worse things out there of course there is thats not the point. The point is it wasnt funny it was F'ed up and wrong so he got punished accordingly. If you think singing about molesting children is funny you need your head examined.|
|another difference was he was singing about putting a finger up a boys butt, thats just NOT RIGHT, joking or no joke, and all the songs you people are talking about having sex in them and video's with sex in them DON'T HAVE SEX WITH KIDS!! imo if you think what he did was right then your a closet child molester and just don't know it yet.|
|I think it is right he got jail time, its not the fact of what the video said or that it involved children, im sure the video itself was pretty funny, the reason i say he should do time is he took an innocent video (him singing to kids) and edited it so it went from innocent to rude without the permission of the parents, if he had said to the parents of those children, i want to film me singing to your kids, then edit the song so it looks like im singing sumthing perverted for a joke to post on youtube, then those parents still agree, fair enought to him, its just the fact that he took away the parents right to say, no, i dont want my child to be part of sum sick song.|
Thanks for the read sam, keep up the good work
|Yeah, they wanna keep their kids' innocense... so they hound someone making harmless jokes, while their kids are listening to some good old wholesome R. Kelly (the oh-so-classic "sex me" should do fine), then prosecute the funny guy with extreme prejudice which will lead to massive media coverage so every kid in kindergarten will get to hear the joke song at some point... but hey, it's all good because every Sunday they take the kids to church and that nice Mr. Priest makes all the ugly sex go away... haha...|
|posted by mikedoreilly (2011-04-23 01:49:58) - "The fact that this said individual even thought about sex with kids(joke or not) is the main problem."|
Now, you just typed about sex with kids, openly.
I'll see you in the showers with Bubba, buddy... lol...
|Darksniper48 - Everything is weird in America? Are you in Europe then?|
There are waaayyyy stranger places than America in Europe... Know what the French do? How about the Germans? NO?
What about the Japanese fixated on Little Girls; manga, movies and much more? They get their rocks off when women dress as school girls or hadn't you noticed.
THE WHOLE WORLD is a weird place because there are Humans in it...
Off topic BUT here's an article I read about you people NOT SECURING YOUR NETWORKS:
NY case underscores Wi-Fi privacy dangers
In this April 21, 2011 photo, Wi-Fi logos are shown on a computer screen search engine in Buffalo, N.Y. The poll conducted for the Wi-Fi Alliance, the industry group that promotes wireless technology standards, found that 32 percent of respondents acknowledged trying to access a Wi-Fi network that wasn’t theirs. An estimated 201 million households worldwide use Wi-Fi networks, according to the alliance. The same study, conducted by Wakefield Research, found that 40 percent said they would be more likely to trust someone with their house key than with their Wi-Fi network password. (AP Photo - David Duprey)
From Associated Press
April 24, 2011 5:57 PM EDT
BUFFALO, N.Y. (AP) — Lying on his family room floor with assault weapons trained on him, shouts of "pedophile!" and "pornographer!" stinging like his fresh cuts and bruises, the Buffalo homeowner didn't need long to figure out the reason for the early morning wake-up call from a swarm of federal agents.
That new wireless router. He'd gotten fed up trying to set a password. Someone must have used his Internet connection, he thought.
"We know who you are! You downloaded thousands of images at 11:30 last night," the man's lawyer, Barry Covert, recounted the agents saying. They referred to a screen name, "Doldrum."
"No, I didn't," he insisted. "Somebody else could have but I didn't do anything like that."
"You're a creep ... just admit it," they said.
Law enforcement officials say the case is a cautionary tale. Their advice: Password-protect your wireless router.
Plenty of others would agree. The Sarasota, Fla. man, for example, who got a similar visit from the FBI last year after someone on a boat docked in a marina outside his building used a potato chip can as an antenna to boost his wireless signal and download an astounding 10 million images of child porn, or the North Syracuse, N.Y., man who in December 2009 opened his door to police who'd been following an electronic trail of illegal videos and images. The man's neighbor pleaded guilty April 12.
For two hours that March morning in Buffalo, agents tapped away at the homeowner's desktop computer, eventually taking it with them, along with his and his wife's iPads and iPhones.
Within three days, investigators determined the homeowner had been telling the truth: If someone was downloading child pornography through his wireless signal, it wasn't him. About a week later, agents arrested a 25-year-old neighbor and charged him with distribution of child pornography. The case is pending in federal court.
It's unknown how often unsecured routers have brought legal trouble for subscribers. Besides the criminal investigations, the Internet is full of anecdotal accounts of people who've had to fight accusations of illegally downloading music or movies.
Whether you're guilty or not, "you look like the suspect," said Orin Kerr, a professor at George Washington University Law School, who said that's just one of many reasons to secure home routers.
Experts say the more savvy hackers can go beyond just connecting to the Internet on the host's dime and monitor Internet activity and steal passwords or other sensitive information.
A study released in February provides a sense of how often computer users rely on the generosity — or technological shortcomings — of their neighbors to gain Internet access.
The poll conducted for the Wi-Fi Alliance, the industry group that promotes wireless technology standards, found that among 1,054 Americans age 18 and older, 32 percent acknowledged trying to access a Wi-Fi network that wasn't theirs. An estimated 201 million households worldwide use Wi-Fi networks, according to the alliance.
The same study, conducted by Wakefield Research, found that 40 percent said they would be more likely to trust someone with their house key than with their Wi-Fi network password.
For some, though, leaving their wireless router open to outside use is a philosophical decision, a way of returning the favor for the times they've hopped on to someone else's network to check e-mail or download directions while away from home .
"I think it's convenient and polite to have an open Wi-Fi network," said Rebecca Jeschke, whose home signal is accessible to anyone within range.
"Public Wi-Fi is for the common good and I'm happy to participate in that — and lots of people are," said Jeschke, a spokeswoman for the Electronic Frontier Foundation, a San Francisco-based nonprofit that takes on cyberspace civil liberties issues.
Experts say wireless routers come with encryption software, but setting it up means a trip to the manual.
The government's Computer Emergency Readiness Team recommends home users make their networks invisible to others by disabling the identifier broadcasting function that allows wireless access points to announce their presence. It also advises users to replace any default network names or passwords, since those are widely known, and to keep an eye on the manufacturer's website for security patches or updates.
People who keep an open wireless router won't necessarily know when someone else is piggybacking on the signal, which usually reaches 300-400 feet, though a slower connection may be a clue.
For the Buffalo homeowner, who didn't want to be identified, the tip-off wasn't nearly as subtle.
It was 6:20 a.m. March 7 when he and his wife were awakened by the sound of someone breaking down their rear door. He threw a robe on and walked to the top of the stairs, looking down to see seven armed people with jackets bearing the initials I-C-E, which he didn't immediately know stood for Immigration and Customs Enforcement.
"They are screaming at him, 'Get down! Get down on the ground!' He's saying, 'Who are you? Who are you?'" Covert said.
"One of the agents runs up and basically throws him down the stairs, and he's got the cuts and bruises to show for it," said Covert, who said the homeowner plans no lawsuit. When he was allowed to get up, agents escorted him and watched as he used the bathroom and dressed.
The homeowner later got an apology from U.S. Attorney William Hochul and Immigration and Customs Enforcement Special Agent in Charge Lev Kubiak.
But this wasn't a case of officers rushing into the wrong house. Court filings show exactly what led them there and why.
On Feb. 11, an investigator with the Department of Homeland Security, which oversees cybersecurity enforcement, signed in to a peer-to-peer file sharing program from his office. After connecting with someone by the name of "Doldrum," the agent browsed through his shared files for videos and images and found images and videos depicting children engaged in sexual acts.
The agent identified the IP address, or unique identification number, of the router, then got the service provider to identify the subscriber.
Investigators could have taken an extra step before going inside the house and used a laptop or other device outside the home to see whether there was an unsecured signal. That alone wouldn't have exonerated the homeowner, but it would have raised the possibility that someone else was responsible for the downloads.
After a search of his devices proved the homeowner's innocence, investigators went back to the peer-to-peer software and looked at logs that showed what other IP addresses Doldrum had connected from. Two were associated with the State University of New York at Buffalo and accessed using a secure token that UB said was assigned to a student living in an apartment adjacent to the homeowner. Agents arrested John Luchetti March 17. He has pleaded not guilty to distribution of child pornography.
Luchetti is not charged with using his neighbor's Wi-Fi without permission. Whether it was illegal is up for debate.
"The question," said Kerr, "is whether it's unauthorized access and so you have to say, 'Is an open wireless point implicitly authorizing users or not?'
"We don't know," Kerr said. "The law prohibits unauthorized access and it's just not clear what's authorized with an open unsecured wireless."
In Germany, the country's top criminal court ruled last year that Internet users must secure their wireless connections to prevent others from illegally downloading data. The court said Internet users could be fined up to $126 if a third party takes advantage of their unprotected line, though it stopped short of holding the users responsible for illegal content downloaded by the third party.
The ruling came after a musician sued an Internet user whose wireless connection was used to download a song, which was then offered on an online file sharing network. The user was on vacation when the song was downloaded.
|posted by (2011-04-25 06:27:04)|
|GET THE FACTS RIGHT.CHILdREN have different means of getting ''not innocent'' even though they may appear innocent..This video is meant for joke.there are greater paedophile who exploit children everytime and this guy is not one of them,think what u may think,but he never deserve jail from the start..|
|posted by (2011-04-25 06:29:30)|
|and yeah mean..everything's weird in America..if theres heaven..no one will from America will go to heaven|
|People stating that this kind of behaviour doesn't matter since it didn't really happen probably wouldn't mind child pornography movies that are made using CGI either?|
|the joker got the wrong audiences thats all|
|gross? maybe. Inappropriate? sure. Crime? Hell no this country is about freedom and if you think this kid committed a crime i think you should go stick your finger up your anus|
|AND a very common job to find pedos in? school teacher. Dont talk about loss of innocence when pedophiles with records and pending sex offenses get hired as teachers (kevin ricks)|
|posted by (2011-04-25 17:02:34)|
|listen to the stones song Star Star- dirty from the wayback machine|
|posted by (2011-04-25 21:44:38)|
|this guy crossed a line the sick f!$^&r|
|posted by (2011-04-25 23:42:09)|
|Jail time is going way to far. I don't care what he did. They made a movie (can't remember the name) where a girl (under age) got raped which was pretty realistic no jail time for them?|
I havn't watched the video but if the kids faces (and from what others posted) arn't blacked out that's the only crime he committed. And doesn't that fall more under civil lawsuits then criminal.
He didn't actually sign this to the kids, and to me that changes everything. That takes this from a beating (and by beating I mean not being able to walk/talk for some time afterwards) to a lawsuit.
|f****k the polititions this vid was funny thars all dosent mean for making it the guy deserves jail time ive watch comedins and sketch shows on tv that are more perverse. the goverment need to concentrate on more important things rather then jailing someone for having a laugh|
|@ gazzaboy84, i'm sure anyone ever involved in a gangbang all did it for a laugh, does that make it right? of course not, this just goes to show how screwed up society has gotten that people even think that something like this is ok.|
|posted by (2011-04-26 22:22:11)|
|Should be hung by his ball sac and have is face beat in till his dead.|
|Wow if this could happen to that guy what the hell will they do to Trey Parker and Matt Stone?!?!|
|This article have alot of contradiction in it !!|
didn't like it much and nothung to say on the matter ..but I liked the post made by @ menahunie !!Good Stuff dude
Most Popular Stories