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Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the "use" of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context.
Internet Child Pornography and the Law by Yaman Akdeniz Pdf
This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.
Handbook of Research on Trends and Issues in Crime Prevention, Rehabilitation, and Victim Support by Balloni, Augusto,Sette, Raffaella Pdf
A complex and vulnerable contemporary society continually poses new challenges in terms of social conflict, and as crime advances, so must strategies for prevention and rehabilitation. Many facets of crime prevention and rehabilitation of offenders are public activities closely linked to other aspects of the political and social life of a region. The Handbook of Research on Trends and Issues in Crime Prevention, Rehabilitation, and Victim Support is a scholarly publication that examines existing knowledge on crime dynamics and the implementation of crime victims’ rights. Highlighting a wide array of topics such as cyberbullying, predatory crimes, and psychological violence, this book is ideal for criminologists, forensic psychologists, psychiatrists, victim advocates, law enforcement, criminal profilers, crime analysts, therapists, rehabilitation specialists, psychologists, correctional facilities, wardens, government officials, policymakers, academicians, researchers, and students.
The problem of child sex abuse and its cover-up is real. A generation of American children are being destroyed. If you think this happens to someone else’s children and your children are safe, you are mistaken. Your children might be enduring sexual abuse right now while you remain dangerously ignorant. America’s appetite for child pornography puts all our children at risk. Your children and mine. Whether you acknowledge it or not. This book is a wake-up call about a subject too few people want to discuss. That is, while no one was watching, America has become a child pornography nation.
Governmental Principles and Statutes on Child Pornography by Walker T. Holliday Pdf
The First Amendment provides that 'Congress shall make no law... Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography in interstate or foreign commerce, prohibit, among other things, the use of a minor in producing pornography, and provide for criminal and civil forfeiture of real and personal property used in making child pornography, and of the profits of child pornography. In addition, child pornography crimes are included among the predicate offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.
Pornography and Public Health by Emily F. Rothman Pdf
Pornography, also known as sexually explicit material intended to cause sexual arousal, has been hailed by many as a growing public health crisis. Multiple states have now passed resolutions declaring pornography a harm to individual and collective health for inciting epidemics of sexual assault, human trafficking, and compulsive use. But research on the impact of pornography reveals a complicated story behind the straightforward narrative of abuse, including the repression of sex positive materials in the pursuit of pornographic containment. Pornography and Public Health uses a rigorous evidence-based approach to explore the positive and negative effects of pornography on public health, revealing how pornography came to be considered a public health crisis despite the lack of US governmental support. While pornographic content varies widely, this book provides a holistic overview of the people who view pornography, what they are most likely to see, how content has changed over time, and how these changes appear to influence some users. Each chapter explores controversies related to important subtopics in pornography scholarship including aggression, body image, and problematic use, as well as acknowledging the benefits that porn and porn literacy can provide in some contexts. Drawing on meticulous research and close readings of the available data, Emily F. Rothman explores the implications of existing evidence for practice and policy and offers meaningful guidance for public health scholars interested in understanding, and resolving, one of the most complicated issues in health and human behavior of our time. With unique academic insights, Pornography and Public Health avoids moralizing to argue that we can take steps to minimize possible harms from pornography while simultaneously protecting sexual liberty and promoting respect for pornography performers.
Egalitarian Digital Privacy by Tsachi Keren-Paz Pdf
This book considers the social, legal and technological features of unauthorised dissemination of intimate images. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers.
Child Pornography Law by Gareth Griffith,Kathryn Simon Pdf
"The focus of this paper is specifically defined to relate to child pornography law. The relevant statutory provisions are set out, with reference to NSW and other Australian jurisdictions, and their operation and application analysed by reference to the available statistical data and case law."--Executive summary.
The Regulation of Internet Pornography by Abhilash Nair Pdf
The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
The History of the Child Pornography Guidelines by United States Sentencing Commission Pdf
The United States Sentencing Commission ("Commission") was created by Congress to "establish sentencing policies and practices for the Federal criminal justice system" that implement the Sentencing Reform Act of 1984 ("SRA"),1 including the purposes of sentencing enumerated at 18 U.S.C. 3553(a)(2).2 In establishing such policies and practices, principally through the promulgation of federal sentencing guidelines and policy statements, the Commission's efforts are guided by the substantive and procedural requirements of the SRA and other congressional sentencing legislation. The SRA directs that the Commission "periodically shall review and revise, in consideration of comments and data coming to its attention, the guidelines."3 To this end, the Commission has established a review of the child pornography guidelines as a policy priority for the guidelines amendment cycle ending May 1, 2010.4 This report is the first step in the Commission's work on this priority. Congress has been particularly active over the last decade creating new offenses, increasing penalties, and issuing directives to the Commission regarding child pornography offenses. Indeed, in 2008, the 110th Congress passed three new laws amending child pornography statutes and creating a new offense for creating child pornography throughadapting or modifying a depiction of a child.5 Prompted by congressional action, and on its own initiative, the Commission has reviewed and substantively revised the child pornography guidelines nine times. This report describes the nine revisions made to the possession and trafficking in child pornography guidelines and the guidelines' relation to the requirements imposed on the Commission by related legislation and the SRA
In January 2001, the Supreme Court of Canada handed down its ruling on the Charter challenge brought to the "kiddie porn law" by Robin Sharpe’s case. Political and legal commentator Stan Persky and former senior justice department policy advisor John Dixon follow the course of Sharpe’s case through the courts from his arrest in 1995 to the verdict. While favouring sanctions for the possession of material whose production requires crimes to be committed, Persky and Dixon remain equally concerned that child pornography law not violate constitutionally guaranteed freedoms such as thought, belief and expression – values central to democratic life. Does the law as it now stands, with the Supreme Court’s modifications, measure up? On Kiddie Porn’s clearly thought–out analysis let the reader decide.
Adolescent Sexual Behavior in the Digital Age by Fabian M. Saleh,Albert Grudzinskas (Jr.),Abigail Judge Pdf
The nexus between the digital revolution and adolescent sexual behavior has posed significant challenges to mental health practitioners, attorneys, and educators. These digital technologies may facilitate dangerous behaviors and serious consequences for some youth. Adolescent Sexual Development in the Digital Age considers adolescent sexual behavior in both clinical and legal contexts and provides a basis for clinicians, legal professionals, educators, policy makers, parents and the general public to understand the impact that technology has on human growth and development. The book's contributing authors are leading authorities in adolescent development, law, and ethics, fostering an interdisciplinary dialogue within the text. New technology poses many opportunities for both normal and risky sexual behavior in youth; including "sexting," social networking, cyber-sexual harassment, commercial exploitation of children, and child pornography. Beyond just cataloging the various technologies impacting sexual behavior, this volume offers guidance and strategies for addressing the issues created by the digital age.