Pornography involving children has been a problem since the advent of inexpensive photography. As with most mainstream pornography, those addicted to child pornography have always depended upon visual images to achieve gratification. Still photographs and motion pictures are the staples of this particular affectation. Consumers of child pornography trade images with each other and actively seek new images from a few sources. "Traditionally," pedophiles conducted transactions in adult bookstores and within small groups of like-minded individuals. The development of the personal computer and computer networks accessible by anyone with a modem, however, provided a new avenue for transactions. Law enforcement officials must now contend with a new medium in which individuals can easily hide their identities and even their presence.
This paper will discuss the adequacy of laws criminalizing the distribution of child pornography through electronic means. The paper will particularly examine the distribution of pornography by electronic information services, or on-line computer networks. The first part of the paper will discuss feminist arguments against the First Amendment protection of pornography. The second part of the paper will examine child pornography laws in the United States. The third part of the paper will discuss the unique problems presented by the use of computers in child pornography and the ability of present laws to handle these problems. The fourth part of the paper will examine the possibility of relaxing search warrant requirements in the context of child pornography.
Although this paper concerns child pornography, the feminist arguments against pornography in general can be somewhat helpful in determining the harms inherent in child pornography. Feminist arguments against pornography have generally focused upon the perpetuation of male dominance through traditional heterosexual pornography. The basi...