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To: TimF who wrote (11581)5/1/2002 7:22:14 PM
From: TimF  Respond to of 21057
 
Ashcroft Pushes for Legislation to
Ban Virtual Child Pornography
By DAVID STOUT

nytimes.com

WASHINGTON, May 1 —
Attacking a recent Supreme
Court decision as "a dangerous
window of opportunity for child
abusers," Attorney General John
Ashcroft pushed today for new
legislation that would ban
computer-simulated pornography
and withstand judicial scrutiny.

"Tragically, this decision of the
court to reverse Congress's
prohibition of virtual child pornography has left law
enforcement at an extreme disadvantage in the campaign
against all child pornography," Mr. Ashcroft said.

Representative Mark Foley, a Florida Republican,
appeared with Mr. Ashcroft and said he hoped the new
legislation would pass Supreme Court muster.
"Pedophiles do not have a First Amendment right to gawk
over exploited children, real or virtual," Mr. Foley said.

On April 16, the Supreme Court struck down part of the
1996 Child Pornography Prevention Act. The section that
was voided imposed heavy penalties on those who made
or possessed images that merely looked like child
pornography, including pictures of adults purporting to be
minors and computer-created images.

The court has previously held that laws creating stricter
legal categories for child pornography were
constitutional, on the grounds that such material was
"intrinsically related" to sexual abuse of children. But
"virtual pornography," by comparison, "records no crime
and creates no victims by its production," the court
declared on April 16.

Some lawyers said the ruling upheld First Amendment
principles while keeping in place prohibitions against the
actual use and abuse of children in making smut. But Mr.
Ashcroft and a number of lawmakers denounced the
decision, promising to come up with no legislative
wording and enforcement procedures to surmount the
obstacles they said the court erected.

"In a world in which virtual images are increasingly
indistinguishable from reality, prosecutors are now forced
to prove that sexually explicit images involving children
were, in fact, produced through the abuse of children, an
extremely difficult task in today's worldwide Internet
child pornography market," Mr. Ashcroft complained
today.

"In this thriving market for child pornography, the
Supreme Court's legalization of computer-generated child
pornography has created a dangerous window of
opportunity for child abusers to escape prosecution," he
said.

The new law, introduced in the House on Monday,
contains more detailed references to computers and the
Internet and is meant to be more precise than the version
that ran afoul of the justices. In one sense, the
back-and-forth between lawmakers and the courts reflects
the dizzying pace of technological change and the law's
difficulty in keeping up with it.

The text of the new bill, H.R. 4623, can be read on the
Internet at thomas.loc.gov. The Supreme Court
decision of April 16 in Ashcroft v. Free Speech Coalition
can be read on the court's web site:
www.supremecourtus.gov.

The lawmakers who embraced Mr. Ashcroft's position
seemed impatient with legal nuances. "The court's ruling
was a huge disappointment to everyone working to protect
children," Representative Tom DeLay, Republican of
Texas, said today. "The child advocates all over the
country know that the consequences of this activity caused
irreparable damage to children. Congress's clear intent
was to ban any depiction or image of children in sexual
situations."



To: TimF who wrote (11581)5/1/2002 7:23:11 PM
From: Poet  Respond to of 21057
 
Thanks, Tim. I'm about to serve dinner, will reply in the a.m.



To: TimF who wrote (11581)5/1/2002 9:57:25 PM
From: Dayuhan  Read Replies (1) | Respond to of 21057
 
The much-vaunted trade-and-cap approach has a serious flaw: the risk of air pollution is not only a factor of the total pollution released nationwide. Excessive emissions from a single point source of pollution or a cluster of sources can seriously endanger the health of people living nearby. I don't think people should be deprived of breathable air because they live near a pollution source that has accumulated a store of emissions "credit".

That's not to say the approach has no virtue, but absolute caps on point source emissions have to be part of the picture.