New Law on Internet Porn

Pure

Fiel a Verdad
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http://www.washingtonpost.com/wp-dyn/articles/A4830-2003Apr10.html
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Congress OKs Internet Porn Restrictions
[excerpts for discussion]

By David McGuire
washingtonpost.com Staff Writer
Thursday, April 10, 2003; 7:40 PM

Congress passed legislation today that would give jail time to online pornographers who deliberately mask their sites behind innocuous domain names.

The House and Senate overwhelmingly approved the Child Abduction Prevention Act, which strengthens penalties for pedophiles, provides funding for a national child-abduction alert system and bolsters prohibitions against child pornography. The proposal is frequently referred to as the "Amber Alert" bill.

"America's children will be safer when this bill becomes law," House Majority Leader Tom DeLay (R-Texas) said today.

The bill also bans the distribution of "virtual" child pornography -- legal pornographic images of adults that have been digitally altered to look like children having sex.

[...]

"You can't have a fraudulent storefront on the Internet and have kids walk in and find themselves in the adult section -- triple X -- when they came in looking for Hardy Boys," Pence said. "We're not telling you to tear down your store. What we're saying is that you can't have a storefront saying that you're for kids and be for adults."

The bill says that online pornographers who include terms like "sex" and "porn" in their domain names would not be prosecuted.

Civil libertarians nevertheless have expressed concerns about the bill.

"There was no debate on it in the Senate, there was essentially no debate in the House," said Center for Democracy and Technology Policy Analyst Robert Courtney.

Depending on how prosecutors interpret the legislation, Web site operators who feature sexually oriented art or graphic safe-sex demonstrations could face criminal prosecution if their Internet addresses are deigned misleading, noted Sen. Patrick Leahy (D-Vt.).

Pence said he attempted to sidestep these concerns by restricting false advertising, rather than banning types of speech. "This is not [Internet] regulation. This is a fraud bill," he said.

The attempt to ban virtual -- or "morphed" child pornography -- also has encountered opposition from free speech advocates.

Last April, the Supreme Court in a 6-3 decision struck down [similar] portions of the Children's Internet Protection Act, [....]

The White House said that President Bush would sign the legislation.
 
Without reading it completely, I fully expect that the Federal Courts will deal with this proposed law the same way they did COPA and CODA.

Expect an injuction on the section of the act dealing with the pornography issue not long after President Bush signs it into law. This one is destined to fall quicker than COPA, IMO.


Pookie :rose:
 
Well, as Bush revises composition of the Supreme Court, one can't rule out some changes. The papers, recently, made a big deal out of the supreme courts 'tough' decision to allow laws against crossburning on Black peoples front lawns! They managed, hearing C. Thomas's unusually full contribution, to realize such acts may not just be 'free speech.'

I agree that 'morphed' child porn or imaginary images may well be protected as 'artistic' free speech. There is no way to justify a law against a drawing of a nude child (done from imagination, not from a model.) Such a case arose in Ontario, and the drawings included sexual acts. The artist won.

The new law about misleading labels [url's] may stand depending on how carefully they word the law. But it's quite hard, apart from the internet, to keep 'look alikes' away from one's product-- unless you've got the resources of Disney studios, teams of lawyers and lobbyists.

After all, why can't I start a site called "The White Houze" [www.thewhitehouze.com] with all kinds of kinky acts with Texas steers--- all in the name of parody.
 
Problems

Once again the US Legislature is trying to change the whole world. How on earth are they going to handle sites with names in non-English languages? Even in English they will have problems. For example there is/was a "top shelf" magazine published in the UK called "Whitehouse". It contained adult (and how!) material. It was nothing to do with your Presidential Palace in Washington D.C.; it was a deliberate attempt to annoy the late Mrs. Mary Whitehouse, a well known UK campaigner for what she described as "TV Decency".
 
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