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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:  disorder whose impact is only beginning to be felt around the world. The Internet has spurred, and indeed become the platform for the convergence of the instrumentalities and technologies of communication and computing namely, telecommunications, information technology and the traditional mass media (radio, television, film, newspapers, magazines and music). The stateless, global nature of the Internet makes this multi-communication platform, the medium of choice of the 21 st Century child pornographer who desires speed of digital transmission, and above all, anonymity. Indeed, thousands of sites promoting all kinds of pornography, including child pornography flourished on the Internet as soon as it became available for civilian use. 2 The United States and France are countries which given the protection of children from sexual exploitation and abuse a high priority as a matter state interest. Both countries profoundly modified their laws child pornography laws in the 1990s to keep abreast of technology and to address concerns that could be rectified legislatively. In the United States, telecommunications reform was spurred by consumer complaints and industry concerns. Emphasis was placed on market solutions to problems. 3 In France, the law was changed to address the challenges of technology, issues of health, violence and child protection, and to bring the country in line with international agreements on the rights of children. The aim of this paper is to compare and contrast the differential regulation of virtual child pornography in the United States and France. The questions that guided the study were: How do both countries, which have made child protection 2 See Ashcroft v. American Civil Liberties Union, 535 U.S.___(2002). 3 See JAN SAMORISKI, ISSUES INCYBERSPACE, 70 (2002).

Authors: Eko, Lyombe.
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disorder whose impact is only beginning to be felt around the world. The Internet
has spurred, and indeed become the platform for the convergence of the
instrumentalities and technologies of communication and computing namely,
telecommunications, information technology and the traditional mass media
(radio, television, film, newspapers, magazines and music). The stateless, global
nature of the Internet makes this multi-communication platform, the medium of
choice of the 21
st
Century child pornographer who desires speed of digital
transmission, and above all, anonymity. Indeed, thousands of sites promoting all
kinds of pornography, including child pornography flourished on the Internet as
soon as it became available for civilian use.
2
The United States and France are countries which given the protection of
children from sexual exploitation and abuse a high priority as a matter state
interest. Both countries profoundly modified their laws child pornography laws in
the 1990s to keep abreast of technology and to address concerns that could be
rectified legislatively. In the United States, telecommunications reform was
spurred by consumer complaints and industry concerns. Emphasis was placed
on market solutions to problems.
3
In France, the law was changed to address
the challenges of technology, issues of health, violence and child protection, and
to bring the country in line with international agreements on the rights of children.
The aim of this paper is to compare and contrast the differential regulation of
virtual child pornography in the United States and France. The questions that
guided the study were: How do both countries, which have made child protection
2
See Ashcroft v. American Civil Liberties Union, 535 U.S.___(2002).
3
See JAN SAMORISKI, ISSUES INCYBERSPACE, 70 (2002).


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