Tuesday, July 17, 2018
It's well to review the CPPA and its replacement, the Protect Act of 2003
I generally try to keep up with news that happens in my own court, even small incidents that stay relatively private. That remains so even when the media is so filled with sensational international affairs.
This is a good time to review the CPPA of 1996 (presented here Aug/ 17, 2015), which would have made it a crime to put simulated c.p. online even when there is no actual minor. It was struck down as unconstitutional in 2002 (after considerable outcry in the artistic community on First Amendment grounds), but replaced by a “Protect Act” of 2003 under the first Bush administration. It can be illegal when there is explicit sex shown, and/or when the item is legally obscene or lacks legitimate value. Here is the Wikipedia reference (look for paragraph 1466A).
In many countries overseas, simulated or hand-drawn c.p. is illegal. People who have posted images or video that is legal in the U.S. should bear this in mind if they travel overseas and if their content is available in the country they visit. .
Ironically, possession of c.p. is legal in Russia (CNN story ). That’s even more surprising given the tone of the 2013 “anti-gay propaganda law” and the Russian idea (even espoused by Putin) that homosexuality is connected to pedophilia.
Wikipedia link for DOJ Protect our Children banner, was used against Backpage which was seized before FOSTA became law.