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 STOUTnytimes.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."