Lawmakers Try Once Again to Ban
Virtual Child Pornography
In the wake of the Supreme Court’s April 16 decision striking down two provisions of a federal law that banned “virtual” child pornography, Attorney General John Ashcroft and House members unveiled new legislation designed to withstand judicial scrutiny.
The Child Obscenity and Pornography Prevention Act of 2002 (H.R. 4623), introduced in the House April 30, contains a narrowed prohibition on virtual child pornography, comprehensive prohibitions on offers to buy or sell child pornography and on showing pornography to children, and a prohibition of all child pornography involving prepubescent children (a narrower focus intended to avoid the unconstitutionality of the previous law). It also creates an FBI database of images already known to be of real children to facilitate prosecution of others found to possess those images.
“The legislation we introduced today is carefully crafted to address the Supreme Court’s concerns, while strengthening our ability to eliminate child pornography,” said Ashcroft, according to a May 1 Associated Press report.
“I hope this legislation meets the standard set by the Supreme Court,” said Rep. Mark Foley (R-Fla.). “Pedophiles do not have a First Amendment right to gawk over exploited children, real or virtual.”
Posted May 6, 2002.
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