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Posted: February 26th, 2022
Answer each question thoroughly.
1. Summarize various technology specific legislations regarding child pornography in the United States.
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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 Foundation—scrutinizing the new media
3. Summarize the traditional attempts to criminalize child pornography.
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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.
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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
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