Answer each question thoroughly.
1. Summarize various technology specific legislations regarding child pornography in the United States.
The answer should include the following points:
- New York v. Ferber
- Child pornography a national problem
- Placing child pornography outside the umbrella of free speech guaranteed by the Constitution
- Osborne v. Ohio established a standard of scienter that had been lacking in Ferber
- Child Pornography Prevention Act
- Ashcroft v. Free Speech Coalition ruled that virtual or simulated pornography was not prohibited
- Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT)
2. Discuss the traditional notions of decency in the United States.
The answer should include the following points:
- Regina v. Hicklin
- Roth v. United States
- Obscenity and the protections of the First Amendment
- FCC v. Pacifica Foundationscrutinizing the new media
3. Summarize the traditional attempts to criminalize child pornography.
The answer should include the following points:
- Defining child pornography
- The Protection of Children Against Sexual Exploitation Act of 1977
- The Child Protection Act of 1984
- The Child Protection Restoration and Penalties Enhancement Act of 1990
4. Analyze the significance of the National Information Infrastructure Protection Act. Also include the subcategories of the act that prosecute Internet crimes.
The answer should include the following points:
Significance:
- Provides for any computer attached to the Internet
- Identifies broad areas of computer-related crime
- Liability for the theft of trade secrets
- Prosecution of hacker attacks, insiders
- Requires only intent to access for prosecution
