Child pornography used to be very difficult to find for the average person; in recent years due to the ease of posting any information on Internet websites, a large amount of child pornography has become easily and quickly available. The ease and speed with which this material can be now be found and accessed has caused a proliferation in the creation of and viewing of child pornography.

Many police forces and non-governmental campaigs have attempted to stamp this phenomenon out, and some have had some high profile successes. These efforts have made online child porn less available, but have not wiped it out completely.

Some experts see the hysteria about child pornography and internet pornography as overinflated. They warn that by going after child pornography one risks tightening restrictions on free speech in general.

Table of contents
1 Legislation
2 Sources
3 References
4 Things to add
5 See also
6 External link

Legislation

There are different laws regarding child pornography in countries all over the world, which makes the issue of Internet child pornography particularly complex, as the Internet crosses national boundaries. Several examples of such differences are given below:

  • In Japan child erotica was legal all the way until 1999 when it became illegal following the passing of Protecting Children Online law. It was not exported, but scanners again made it available online.
  • Under Canadian child pornography laws, written discussions of "sexual activity with a person under the age of eighteen years" are considered child pornography (Criminal Code section 163.1).
  • In the United States vs. Knox case an American court held that there is no nudity requirement in the child pornography statute and considered music videos of dancing 10-17 years old girls wearing bikinis and leotards to be child pornography, because the photographer zoomed on the girl's pubic areas for extended periods of time (United States vs. Knox).
  • Many US states also prohibit images of minors displaying their bodies "for the purpose of sexual stimulation of the viewer." Some legal specialists [1] are concerned that legal images can be considered child pornography simply by being presented in the context of the porn website.
  • UK laws consider artificially created images (which only appear to be photographs) to be considered child porn, regardless of their origins.
  • In April 2002, the US Supreme Court struck down the Child Pornography Prevention Act of 1996. This legislation was intended to ban fictional representations of child pornography, such as computer-generated drawings and artistic renditions of children in sexual settings.

[expand the legislation section]:
  • American laws (CDA, CIPA, CPPA, COPA, etc.)
  • foreign laws — main issues
  • the pressure from the USA on other countries to ban child porn (examples of 1970s and Japan, 1999)
  • some countries with relatively lax laws act as porn heavens (the diversity in the legal climate is seen as threatening by some), not only for child porn, but for other porn as well, including vanilla porn in the USA and muslim countries
  • the legality/illegality of various sub-activities
    • producing (sometimes explicitly illegal, sometimes other crimes are prosecuted, such as coersion, exploitation, abuse, rape, kidnapping)
    • selling (usually illegal)
    • distributing for free
    • searching (sometimes illegal, but usually legal. Searching for child porn is usually legal. How else could people find legitimate information about child porn?)
    • downloading (not illegal per se, just like with MP3s)
    • posessing (illegal in the US, the UK and Netherlands (?), legal in many other countries)
    • viewing (it seems it would be legal, AFAIK there are no laws against it)
  • legality of various sub-types of porn (softcore porn, hardcore porn, literary porn, hand-drawn porn, photophopped porn, computer-generated porn, nude pictures).

Sources

Child porn was de facto and de jure allowed in most American and European countries before the 1980s. During this time porn magazines were published featuring photos of naked children and of children having sex with other children and with adults. These magazines operated somewhat openly and even solicited photos from their readers' families. In late 1970s a number of journalists and researchers raised the public awareness of child pornography. In 1977 in the United States the Kildee-Murphy proposal prohibiting child pornography was made law based on unsubstantiated evidence, probably exaggerating the number of children involved in child pornography by as much as 3 orders of magnitude [1]. Several other countries followed with similar legislation.

Shortly after these laws were passed the magazines were closed voluntarily, as several publishers claimed that child pornography constituted only a few percent of their business. Many images from these magazines were scanned and are now distributed (somewhat secretly) on the BBSes and on the Internet.

Many (non-sexual) images of nude children are still available from personal photoalbums, professional child photographers, personal pages, personal photography archives, and Corbis.com

Another source of photographs of naked children and teenagers is the nudism subculture. Nudists have no qualms about child nudity and hundreds of thousands of photos and videos featuring nude teenagers and kids are freely available. This differs from child pornography in that these images are not intended to provoke sexual arousal and do not depict sexual activity.

The definitions of child pornography in 18 U.S.C section 2256 (2) (A) through (D) do not prohibit depictions of non-sexually explicit nudity, allowing the possibility of legal softcore child pornography sites. As several such sites claim, "The validity of this is confirmed by the numerous artistic photography books of nude minors openly available for sale throughout the United States" (for example, [1]). These sites are open to any person with a valid credit card, but are unreliable because of problems doing business with ISPs and credit card processing systems, and being targeted by anti-child porn protesters.

Finally there are many assorted images and videos from a variety of sources, including some very questionable ones. These are usually made by professional child porn producers and probably distributed among their paying clients and various child-porn rings, gradually leaking onto the Net in digitised form. A lot of such porn is made in nations of the former Soviet Union, South-East Asia and Central America, where law enforcement is often lax. In such countries producers of child porn do not have to engage in kidnapping or child abuse, since poor economic conditions there often cause children to voluntarily turn to porn as a means of earning some money for themselves, their addictions or their families.

In addition to real pornography with real children, there are several flavours of artificially created pornography. There is literary child pornography, even including erotic fan fiction and slash about Harry Potter and his friends. There are paintings and drawings, which include some really disgusting Japanese hentai about raped and dismembered 5-year olds. The porn industry is reluctant to utilise computer-generated imagery, the technology that already gave us Aki Ross, Yuki Terai and Gollum, for making photo-realistic child porn, even though it was explicitly allowed by decisions Californian courts in early 2000s and U.S. Supreme Court in 2002.

The most abundant sources for softcore child porn today are the Web and Usenet. Those ready to pay can find the content somewhat easily. Child pornography paysites often cost around $40 per month, and provide the subscriber with lots of softcore child porn.

Another source is BBSes. The amount of material is usually much smaller then on pay sites.

On Usenet, there are still many newsgroups dedicated to child erotica, some of which are alt.binaries sites and contain pictures. Most ISPs nowdays do not carry any child pornography groups, but some dedicated Usenet providers still carry them.

Hardcore child pornography is essentially non-existent on the world wide web. However, child porn flourishes relatively undisturbed on a new media: peer-to-peer networks such as eDonkey or KaZaA. The relative anonymity and the changing nature of the networks make it possible to share questionable materials with others, including hardcore child pornography.

The FreeNet system, designed for maximum anonymity in both reading and publishing, is also used by some child pornographers, alongside dissidents, corporate whistle-blowers, and cypherpunks, and others. Some people find a way to get hardcore child pornography by paying for it. These payments lead to increases in sexual exploitation of children.

References

[Please wikipedia:cite your sources]

Things to add

Law-enforcement:

See also

Operation Falcon, Operation Pin, honeypot

External link