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Child Pornography and Computers
Pornography invo |
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Pornography involving children has been a problem since the advent of inexpensive photography. As with most mainstream pornography, those addicted to child pornography have always depended upon visual images to achieve gratification. Still photographs and motion pictures are the staples of this particular affectation. Consumers of child pornography trade images with each other and actively seek new images from a few sources. "Traditionally," pedophiles conducted transactions in adult bookstores and within small groups of like-minded individuals. The development of the personal computer and computer networks accessible by anyone with a modem, however, provided a new avenue for transactions. Law enforcement officials must now contend with a new medium in which individuals can easily hide their identities and even their presence. This paper will discuss the adequacy of laws criminalizing the distribution of child pornography through electronic means. The paper will particularly examine the distribution of pornography by electronic information services, or on-line computer networks. The first part of the paper will discuss feminist arguments against the First Amendment protection of pornography. The second part of the paper will examine child pornography laws in the United States. The third part of the paper will discuss the unique problems presented by the use of computers in child pornography and the ability of present laws to han
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emales between the ages of ten and seventeen dressed in bikini bathing suits, leotards, and other "abbreviated attire." None of the children depicted in the videotapes was nude, but they struck "provocative poses at the direction of someone off camera and the camera consistently zoomed in on their pubic regions, which were covered by panties or other abbreviated clothing. The federal trial court convicted Knox of the charges and the Third Circuit Court of Appeals affirmed the conviction, holding that the statute did not require a finding of nudity. The defendant appealed the conviction to the Supreme Court, which vacated the conviction and remanded the case to the Third Circuit after the Justice Department submitted a brief which stated that while nudity was not required under the statute, the Third Circuit had "utilized an impermissibly broad standard" for determining lascivious exhibition. The Justice Department said that lascivious exhibition "requires both that the depiction focus on body parts and that it render them visible in some fashion, as well as that the child be posing or acting lasciviously." Thus, the body parts must at least be discernible beneath or through the clothing. On remand, the Third Court r
Category: Science - C
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Supreme Court, Opposition Pornography, Title Act, Court Appeals, Laws United, Johnson Nixon, Computers Pornography, Katz Court, United Knox, Andrea Dworkin, child pornography, expectation privacy, reasonable expectation privacy, reasonable expectation, supreme court, law enforcement, electronic communications, court held, distribution child pornography, distribution child, law journal, warrant requirement, supreme court held, washington dc gpo, expectation privacy e-mail,
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