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Regulation of Computer-generated virtual Child Pornography under American and French Jurisprudence: One Country’s Protected “Speech” is another’s Harmful Smut.
Unformatted Document Text:  and psychological well-being of minors by eliminating the record of child abuse, and 2) suppression of the market for the exploitative use of children by penalizing those who possess and view the offending materials. 35 Following Ferber, Congress modified the Protection of Children Against Sexual Exploitation Act of 1977, 36 to eliminate the provision that child pornography had to be obscene before it could be controlled. The act further defines anyone younger than 18 as a child for purposes of child pornography litigation. 37 In 1986 Congress enacted the Child Sexual Abuse and Pornography Act which banned the production and use of advertisements for child pornography. 38 In 1988, Congress passed the Child Protection and Obscenity Enforcement Act that made it illegal to use a computer to transmit advertisements for or visual depictions of child pornography. The Act also made it unlawful to obtain temporary custody of children for purposes of producing child pornography. 39 Ferber and laws passed by Congress from time to time were the standard for child pornography until the arrival of the age of the Internet in the mid-1990s. The Internet is a vast, seamless, acentric, planetary network of computer networks connected by various telecommunications infrastructures and technologies. It is based on packet-switched technologies developed by ARPANET, a United States Department of Defense Project designed to counter perceived military threats from the Soviet Union. Packet-switching is a technology which splits messages into self-contained packets for transmission through 35 See Osborne v. Ohio, 495 U.S. 103 (1990). 36 18 U.S.C.A §2252 (1984). 37 See Child Protection Act of 1984, 18 U.S.C.A §§2251-2255 (1984). 38 18 U.S. C. §§2251-2256 (1986). 39 18 U.S. C. §§2251-2256 (1988).

Authors: Eko, Lyombe.
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and psychological well-being of minors by eliminating the record of child abuse,
and 2) suppression of the market for the exploitative use of children by penalizing
those who possess and view the offending materials.
35
Following Ferber,
Congress modified the Protection of Children Against Sexual Exploitation Act of
1977,
36
to eliminate the provision that child pornography had to be obscene
before it could be controlled. The act further defines anyone younger than 18 as
a child for purposes of child pornography litigation.
37
In 1986 Congress enacted
the Child Sexual Abuse and Pornography Act which banned the production and
use of advertisements for child pornography.
38
In 1988, Congress passed the
Child Protection and Obscenity Enforcement Act that made it illegal to use a
computer to transmit advertisements for or visual depictions of child
pornography. The Act also made it unlawful to obtain temporary custody of
children for purposes of producing child pornography.
39
Ferber and laws passed by Congress from time to time were the standard for
child pornography until the arrival of the age of the Internet in the mid-1990s. The
Internet is a vast, seamless, acentric, planetary network of computer networks
connected by various telecommunications infrastructures and technologies. It is
based on packet-switched technologies developed by ARPANET, a United
States Department of Defense Project designed to counter perceived military
threats from the Soviet Union. Packet-switching is a technology which splits
messages into self-contained packets for transmission through
35
See Osborne v. Ohio, 495 U.S. 103 (1990).
36
18 U.S.C.A §2252 (1984).
37
See Child Protection Act of 1984, 18 U.S.C.A §§2251-2255 (1984).
38
18 U.S. C. §§2251-2256 (1986).
39
18 U.S. C. §§2251-2256 (1988).


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