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32 Val. U. L. Rev. 207 (1997-1998)
Porn by Any Other Name - A Constitutional Alternative to Regulating Victimless Computer-Generated Child Pornography

handle is hein.journals/valur32 and id is 215 raw text is: PORN BY ANY OTHER NAME? A CONSTITUTIONAL ALTERNATIVE TO REGULATING VICTIMLESS COMPUTER-GENERATED CHILD PORNOGRAPHY Every major technological innovation goes through several phases before it can be assimilated by a culture. At first it is externalized in an artificial setting such as a stage, a page, a screen, or any other display technology. Second it works its way into the psyche of the user even as its user interacts with it one way or another. When it finally penetrates the user during the course of the last stage of assimilation, it becomes a psychological reality, it becomes the normal way of being, of thinking, of feeling, of living.' I. INTRODUCTION Smith2 earns his living by creating child pornography, using as his subjects young children between the ages of five and fourteen. Although he has no sexual attraction to the children, he has found that he can make good money by selling pictures of himself engaging in various types of sexual intercourse with children; so he does not mind molesting children in order to make a profit. It is very easy for him to have access to children, by virtue of his job as a custodian at a grade school. Over the past five years, he has had sexual intercourse with over 200 children and his business has earned him over $500,000. As evidence of his many encounters with various children, Smith has his garage filled with videocassettes and still photographs that he has developed in his own darkroom. Jones is a pedophile who enjoys looking at pictures of children engaging in sexual intercourse. Although he has never molested a child himself, he has filled his basement with thousands of pictures of other people molesting young children. He has purchased these pictures from various contacts that he has made over the years. The pictures are mostly Polaroids and those obtained from low-quality magazines. Jones has also stored thousands of child pornography 1. Susan Wyshynski & Vincent J. Vincent, Full-Body Unencumbered Immersion in Virtual Worlds, in VIRTUAL REALITY: APPLICATIONS AND EXPLORATIONS 123, 144 (Alan Wexelblat ed., 1993) (quoting Derrick de Kerkhove, co-director of the Marshall McLuhan Program). 2. The three scenarios presented here are all hypothetical. 207

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