The Child Pornography Prevention Act of 1996 (CPPA) was a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
federal law to restrict
child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
on the
internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
, including
virtual child pornography
Simulated child pornography is child pornography depicting what appear to be minors but which is produced without the direct involvement of children.
Types
Types of simulated child pornography include: modified photographs of real children, non- ...
.
Before 1996, Congress defined child pornography with reference to the ''Ferber'' standard. In ''
New York v. Ferber
''New York v. Ferber'', 458 U.S. 747 (1982), was a landmark decision of the U.S Supreme Court, unanimously ruling that the First Amendment to the United States Constitution did not forbid states from banning the sale of material depicting childre ...
'', , the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
held that the government could restrict the distribution of child pornography to protect children from the
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
harm inherent in making it. In ''
Osborne v. Ohio
''Osborne v. Ohio'', 495 U.S. 103 (1990), is a U.S. Supreme Court case in which the Court held that the First Amendment to the United States Constitution allows states to outlaw the possession, as distinct from the distribution, of child pornograph ...
'', , the ''Ferber'' proscription was extended by the Court to the mere possession of child pornography.
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
A photograph (also known as a photo, image, or picture) is an image created by light falling on a photosensitive surface, usually photographic film or an electronic image sensor, such as a CCD or a CMOS chip. Most photographs are now create ...
,
film
A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmospher ...
,
video
Video is an electronic medium for the recording, copying, playback, broadcasting, and display of moving visual media. Video was first developed for mechanical television systems, which were quickly replaced by cathode-ray tube (CRT) sy ...
, 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."
The Supreme Court struck down CPPA in 2002 in ''
Ashcroft v. Free Speech Coalition'' as a violation of the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and reco ...
for being too broad.
See also
*
PROTECT Act of 2003
The PROTECT Act of 2003 (, 117 Stat. 650, S. 151, enacted April 30, 2003) is a United States law with the stated intent of preventing child abuse as well as investigating and prosecuting violent crimes against children. "PROTECT" is a contrived a ...
External links
Text of CPPA
United States federal criminal legislation
Computer law organizations
United States pornography law
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