The Legality of Child Pornography Essays

Sally Mann’s child photography should not be censored due to other people’s views or distaste for her child photography. She has the right to express her love for her children and herself through the arts. As a mother, she experienced a significant amount of backlash which is a common narrative in current society. By censoring her form of expression of her kids, we are restricting the mother’s right over her children. As a matter of fact, a large negative criticism of Sally Mann’s photos is that many consider her child photography to be obscene when in fact it is not obscene. According to a court case called Miller vs. California, art is only considered obscene if it meets all of the following criteria: 1) the average person finds the art lustful with prurient interest, 2) the art is offensive and displays any sexual conduct that is defined by the state law, and 3) the art lacks artistic, literary, political, or scientific value. Sally Mann’s child photography does not meet the criteria since the average person does not find her work to be salacious, the art displays no sexual conduct or penetration in any form, and her work lacks no artistic value. In fact, her art displayed a significant amount of artistic value due to the controversy and her way of challenging the hegemonic ideals of society. Thus, her work should not be censored because it is not considered obscene in the state law.

There are a vast number of issues concerning child exploitation from the actions of the offender and the victim. Child exploitation is a complex issue that does not have one simple solution; this crime is nothing new, but technology is allowing it to evolve. Child exploitation is moving from sending child pornography through the postal service and targeting only children an offender has close proximity to. Technology and the Internet have widened the opportunities for offenders and have allowed for potentially ay juvenile to become victimized. The recommendations will focus on targeting key issues presented in the Routine Activities Theory; limiting a motivated offender, making targets unsuitable, and creating capable guardians online.

Government witness Howard Schmidt conceded under cross-examination that it is “highly unlikely” for anyone to come across sexually explicit information on the Internet by accident. Plaintiff witness Dr. Albert Vezza told the court about PICS (Platform for Internet Content Selection), a new rating system designed to allow parents to control children’s access to the Internet without censorship. Dan

Cleaver mentions that although parents could monitor and restrict adult websites, there are still ways around them; this scares parents. Children may have the access to other computers, like the library or a friend’s house. The government has regulations that manages most mediums like, television, radio, video, but not the internet; this provides an idea for parents to argue about. Cleaver points out that searching tools should stop advertising ads to pornographic websites and chat websites for children should be monitored in case of child molestors. All the statements Cleaver provides are obviously seeking a reaction from parents to protect their child.

    Ashcroft vs. ACLU, 00-1293, deals with a challenge to the Child Online Protection Act (COPA), which Congress passed in 1998. The law, which is the subject of this essay, attempts to protect minors from exposure to Internet pornography by requiring that commercial adult websites containing "indecent" material that is "harmful to minors" use age-verification mechanisms such as credit cards or adult identification numbers.(Child)

One of the best approaches to identify, prosecute, and arrest on-line sex offenders (i.e. pedophiles) is to be actively engage in the online-chat rooms (i.e. online enticement sting). In here, high-tech crime investigators must follow-up a protocol. First, he/she must create an identity to look like an underage individual. In the chat transcript provided for the case-study, the undercover officer chooses “bubblebeth2005” (ITT-Technical Institute , 2014). With this user name, the officer personifies a 12 years old girl. In order to accomplish rapport with the offender, the

The first part of the CDA states if you display "indecent" or "patently offensive" information on the Internet, "in a manner available to a person under eighteen years of age," you are a criminal and have broken the law. The second part of the CDA reads you have a defense against prosecution if you take "reasonable, effective, and appropriate action" by restricting access to minors by needing a credit card (verified), debit account, adult access code, or adult personal identification number. This act is to be thought of as a way to legally zone porn behind and electric gate that can only be accessed by those who have adult identification. To receive full access to pornographic materials, one can pay a one-time fee of $9.95 to an "Adult Check" service (Levy 54). Also the Child Pornography Protection Act has been passed. It is to combat the use of computer technology that enables a pornographer to alter a picture of a child to make it seem as though the child engaged in an explicit sex act (Quittner 74). Rulings about child pornography have existed for years and will always enacted whether it is in the cyber universe or in magazine and movies. State laws are also being made against smut found on the inter net. New York passed a law making information found on the Internet that would be illegal if published in a book or magazine, illegal. People who violate the law could receive up to four years in jail (Rosen

(Childs) What is “indecent” material or “potentially offensive” material? Is a website considered indecent if they use curse words and if it is indecent should they be fined $250,000 and serve up to 2 years in prison? This was answered on June 27, 1997 when the supreme court declared the CDA unconstitutional in the case Reno v. American Civil Liberties Union.(Greenhouse) Supreme Court Justice John Paul Stevens said that free speech on the internet is held to be a freedom protected by the highest of laws, the constitution, specifically the first amendment.(Greenhouse) Like many other Americans the Justices agreed that it is important to try and protect our children from indecent material on the internet however this is a matter which should be handled by the parents, not the government.(Greenhouse) District Judge Buckwalter says “my concerns are these: above all, I believe that the challenged provisions are so vague as to violate both the First and Fifth Amendments.” He also questions how the government could be arguing that “patently offensive” and “indecent” are one in the same.(ACUL v. Janet Reno)

The topic that we talked about in the class, Sex Crimes and the Law that really interested me was the topic of rape. After having the guest speaker that was a Temple student really bothered me and I thought about it for days. For starters, I think it is absolutely scary that she was rapped on Temple University’s campus, to be exact in Peabody hall and absolutely nothing was done to help her. This is bothering me the most because I am a Temple student, this happened in her own room, no one helped her, and her rapist is still out there. I feel horrible that no one even tried to help and most people even made it seem like it was her fault by saying things such as “you know you wanted it”. No one wants to be rapped and the victim should never be to blame. This poor girl tried to kill herself multiple times. I believe that no one should go through this trauma alone or even go through it at all. Since our guest speaker, I have gone on a binge of watching Law & Order: SVU and even through about becoming a special victim unit detective for my career. Another reason that the topic of rapped bothered me was because just recently one of my friends came out and said that she was raped by her boyfriend. No one even knew this happened until she made it public on Facebook. For the longest time she was drawn back and really did not hang out with the group and now I know why. The guest speaker really helped me to understand, just to be there for her. When she wants to talk she will and not

Due to the technology available today children of all ages have access to the internet. In the 1960’s the internet became a major source of marketing, sales, and distribution of both products and services. Unfortunately many of these services were used by children under the age of 13 years old (Children's Online Privacy Protection Act (COPPA), 2011).

“People are inclined to think that a sex offender is a sex offender – that they commit one type of crime (Okada.p.190).”

The Internet is a global network of vast information. With a few clicks, an individual can have access to up to 200 million web-sites filled with educational and recreational information. The Internet is not regulated in anyway (Carnegie Library 1). It is accessible throughout the entire world from the North to the South, to the early morning sunrise and dark sunsets. Different ethnicity and backgrounds come together linked upon this network resembling a connection of one body in unity. Sadly, issues arise creating concern for users, focusing particularly on minors. Pornography is one of the inappropriate materials on the Internet for minors. This material is harmful to young impressionable minds. Pornography is tearing and

Child pornography has been present in society for centuries, but has only recently become more accessible through the development of the printing press and subsequently, the technology of the Internet. Until the mid-1990s, "illegal child pornography [had only] involved depictions of actual children engaged in sexually explicit

It is obvious that for years, the government has been trying to regulate this type of content but has seen very limited success. Part of the reason for this is because certain regulatory actions intended to protect only a small group, such as children, should not require the prohibition of material that adults have access to in other arenas. It is for example, legal for people to rent pornographic movies or buy nude magazines, so distribution of this type of material on the Internet should not be completely limited. People shouting out for protection of their 1st Amendment rights have made a good point when arguing against complete censorship. What seems more feasible is a sort of multi-layered approach to regulate illegal and harmful content on the Net. This would make it possible to form some sort of insulation for children

Pornography has strong influences over its viewers. Recent research has been done in attempt to find the link between sexually explicit material and how exposure to it has caused changes in a person’s aggression level toward women, and one’s cognitive development of sexual and social standards and expectations. The findings are grounds for advising trying to regulate the accessibility of pornography to minors to avoid these potentially harmful influences. Although, during adolescence, usually centered between the ages of 13 and 19, sexual curiosity is expected, compulsive curiosity to sexual material that is not most realistic in nature can cause unrealistic views of women and sex roles. These impacts are happening in the plastic minds of 13 and 19-year-old web surfers who are unaware of the effects taking place. Child pornography is a form of child sexual abuse. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor less than 18 years old. Progressively, child pornography laws are being used to punish the utilization of computer technology and the Internet to get, share, and appropriate pornographic material including kids, including pictures and movies. Having a violation of federal child pornography laws is a serious crime and first time offenders found guilty of producing child