NCJ Number
99992
Date Published
1985
Length
12 pages
Annotation
This testimony endorses S. 1305, the Computer Pornography and Child Exploitation Act; examines the legal parameters of Federal legislation in this area and recommends amendments to some of the act's provisions.
Abstract
The act prohibits the use of computers for interstate or foreign dissemination of obscene materials, child pornography and advertisements for it, and information about minors that could be used for child abuse. This latter provision banning transmission of information about juveniles poses constitutional problems in that speech which merely advocates, in general terms, violation of the law has been held to be protected by the courts. Moreover, the language is not precise in specifying the unlawful activity underlying the transmitted information. Suggestions to improve the act cover (1) typing the conduct to violations of specific statutes to enable the statute to survive court challenges, (2) amending the specific language to include that the offense be knowingly committed, and (3) broadening the scope to cover unlawful transmission by any means, including computer. 1 footnote.