Law Commons^™

Protect The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technological World, Francis S. Monterosso

Francis S Monterosso

This Note untangles courts’ problems with the prosecution of child pornography defendants and aims to redirect attention to the social impact associated with these crimes. First, Part I provides an introduction to the Note and discusses the background of the Child Pornography Prevention Act. Secondly, Part II sets forth the evolution of the CPPA and its goals and shortcomings. Next, Part III further explains the development of child pornography prosecutions in the United States through two cases that illustrate the government’s desire to prosecute child pornography defendants.

Moreover, Part IV explains the difficulties courts have encountered in the prosecution of …

Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske

Washington and Lee Law Review

Advances in virtual world technology pose risks for the safety and welfare of children. Those advances also alter the interpretations of key terms in applicable Laws. For example, in the Miller test for obscenity, virtual worlds constitute places, rather than "works," and may even constitute local communities from which standards are drawn. Additionally, technological advances promise to make virtual worlds places of such significant social benefit that regulators must take care to protect them, even as they protect children who engage with them.

Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig

University of Miami International and Comparative Law Review

The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …

The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood

Michigan Telecommunications & Technology Law Review

The purpose of this Essay is to explore the various legal approaches to the sexting phenomenon through an analysis of a decision by the United States District Court for the Middle District of Pennsylvania, which granted a temporary restraining order enjoining the prosecution of sexting teens on constitutional grounds, and an examination of current and pending legislative attempts to deal with the sexting phenomenon. Section I describes the facts leading up to the district court decision and its subsequent holding. Section II examines the approaches to sexting prosecution and legislation taken by other states. Section III analyzes the legal issues …

Online Child Sexual Abuse: The French Response, Mohamed Chawki

Journal of Digital Forensics, Security and Law

Online child sexual abuse is an increasingly visible problem in society today. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace the Internet is an attractive environment to sex offenders. In addition to giving them greater access to minors, extending their reach from a limited geographical area to victims all around the world, it allows criminals to alter or conceal their identities. Sexual predators, stalkers, child pornographers and child traffickers can use various concealment techniques to make it more difficult for investigators to identify them …