Child Pornography Prevention Act of 1996: Difference between revisions

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The Child Pornography Prevention Act of 1996 (CPPA) was passed a [[United States]] federal law to restrict [[child pornography]] on the [[internet]], including virtual child pornography. It was struck down in 2002 in [[Ashcroft v. Free Speech Coalition]] for being overly broad.
The Child Pornography Prevention Act of 1996 (CPPA) was passed a [[United States]] federal law to restrict [[child pornography]] on the [[internet]], including virtual child pornography. It was struck down in 2002 in [[Ashcroft v. Free Speech Coalition]] for being overly broad.

Before 1996, Congress defined child pornography with reference to the ''Ferber'' standard.

The Child Pornography Prevention Act added two categories of speech to the definition of child pornography. The first prohibited "any visual depiction, including any [[photograph]], [[film]], [[video]], [[picture]], or computer or [[computer-generated image]] or picture" that "is, or appears to be, of a [[minor (law)|minor]] engaging in sexually explicit conduct." In Ashcroft case, the Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means."

The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."

* [http://www.politechbot.com/docs/cppa.text.html Text of CPPA]
* [http://www.politechbot.com/docs/cppa.text.html Text of CPPA]



Revision as of 07:28, 20 June 2009

The Child Pornography Prevention Act of 1996 (CPPA) was passed a United States federal law to restrict child pornography on the internet, including virtual child pornography. It was struck down in 2002 in Ashcroft v. Free Speech Coalition for being overly broad.

Before 1996, Congress defined child pornography with reference to the Ferber standard.

The Child Pornography Prevention Act added two categories of speech to the definition of child pornography. The first prohibited "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." In Ashcroft case, the Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means."

The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."