The Child Pornography Prevention
Act of 1996 amends the definition of child pornography to include
that which actually depicts the sexual conduct of real minor
children and that which appears to be a depiction of a minor
engaging in sexual conduct. Computer, photographic, and photocopy
technology is amazingly competent at creating and altering images
that have been "morphed" to look like children even though those
photographed may have actually been adults. People who alter
pornographic images to look like children can now be prosecuted
under this law.
Although the Federal
Communications Decency Act of 1994 was declared unconstitutional by
the U.S. Supreme Court, the Act would have criminalized the "display"
of "patently offensive" speech "in the manner available to a person
[younger than] 18-years-of age." The effect of the Communications
Decency Act would be to prohibit, on the Internet, a range of
material that is appropriate for adults but not for children.
The federal Children's Privacy
Protection and Parental Empowerment Act, also known as "The Polly
Klaas Bill," ensures that personal information about a child can no
longer be bought or sold without a parent's consent. List brokers
must release all information that they have to parents if they
request it and they must release names of all those to whom the
broker has distributed the list.
The overwhelming majority of
states have established laws pertaining to child pornography.
Unfortunately, there are seven remaining states that have not yet
enacted laws prohibiting the possession of child pornography. This,
of course, stands in the way of those states developing legislation
dealing with Internet related child pornography.