About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 Cardozo L. Rev. 1993 (2001-2002)
Virtual Child Pornography: Criminal Conduct or Protected Speech

handle is hein.journals/cdozo23 and id is 2015 raw text is: VIRTUAL CHILD PORNOGRAPHY: CRIMINAL CONDUCT OR PROTECTED SPEECH? Daniel S. Armagh* INTRODUCTION The Child Pornography Prevention Act of 1996 (CPPA) was enacted in part to address the challenges resulting from the recent dramatic technological advances in the creation, production, and transmission of visual images through the computer.1 Increasingly, graphic software packages and computer * Daniel S. Armagh is Director of Legal Education at the National Center for Missing and Exploited Children (NCMEC). The NCMEC is a not-for-profit corporation congressionally mandated under the Missing Children's Assistance Act of 1984. See generally 42 U.S.C. §§ 5771-5780 (2000). NCMEC provides services to law enforcement, prosecutors, direct-service providers, courts, legislators, educators, researchers, families, and victims. In June 1987, Congress gave NCMEC the responsibility for operating the National Child Pornography Tipline, a toll-free telephone number through which individuals can report leads regarding allegations of child sexual exploitation. To date, NCMEC has received and processed more than 59,000 such leads. On January 31, 1997, in response to the increasing prevalence of child sexual victimization, NCMEC officially opened the Exploited Child Unit (ECU). ECU is responsible for receipt, processing, initial analysis and referral to law enforcement of all such information. On March 9, 1998 NCMEC launched the CyberTipline initiative, www.cybertipline.com, to serve as the national online clearinghouse for investigative leads and tips concerning child pornography, child sexual molestation, child sex tourism, child prostitution, and enticement of children for sexual acts. See 42 U.S.C. § 5771(11). To date, NCMEC and the ECU have received and processed over 80,000 leads through the CyberTipline. Enacted as part of the Protection of Children from Sexual Predators Act of 1998 (PCSPA), Title 42, § 13032 of the United States Code requires providers of electronic communication services or remote computing services to file a report to the CyberTipline when they obtain knowledge from which a violation of certain child pornography offenses is apparent. To facilitate this new role, NCMEC opened CyberTipline II in February 2001. This initiative provides a mechanism separate from the public reporting mechanism through which electronic communication service providers are required to file their reports under the Act. In response to this latest mandate from Congress, NCMEC anticipates 7,000 to 10,000 reports per week. 1 Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, § 121, 110 Stat. 3009 (1996). The portions of the law at issue here are amendments to the definition of child pornography under 18 U.S.C. § 2256. Other sections of the Act deal with penalties for sexual exploitation of children, changes to the Privacy Protection Act, severability and crossing state lines to engage in sexual acts with children. 1993

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most