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Child Pornography: Child Pornography Prevention Act
built 344 days ago
[F]ar, the Supreme Court has gutted the Communications Decency Act and the Child Pornography Prevention Act, Congress' two previous attempts to extend criminal laws to Internet pornography. The lack of government controls on Internet pornography has permitted the adult industry to blossom on the Web.
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[T]he Supreme Court drew the line with so-called "virtual" depictions of child pornography. In 1996 Congress passed the Child Pornography Prevention Act (CPPA), which expanded the federal prohibition on child pornography to include not only pornographic images made using actual children, but ... "any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." 18 U.S.C. § 2256. Civil libertarians worried that the CPPA would be applied to ban a range of sexually explicit images that appeared to depict minors but were produced by means other than using real children, such as through the use of computer-imaging technology.
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The challenged provisions had been added in The Child Pornography Prevention Act of 1996 to address the growing problem of virtual child pornography. They specifically prohibited visual depictions of sexually explicit conduct where "such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct" and ... prohibited anyone from advertising, promoting, presenting, describing, or distributing visual depictions of minors engaging in sexually explicit conduct in a manner that "conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct."
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Child Pornography Prevention Act