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The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.
Jenkins looks at the first amendment and how it should be applied to child pornography on the internet.
Lyombe Eko carries out an historical and cultural survey of the regulation of visual depictions of explicit human sexual conduct from their earliest appearance on the clay tablets of the valley of the Tigris and Euphrates rivers in ancient Mesopotamia, to the tablet computers of Silicon Valley. The Regulation of Sex-Themed Visual Imagery analyzes the contemporary problem of the applicability of the human right of freedom of expression to explicit imagery in the face of societal interests in the regulation of representations of human sexuality. This book will be of interest to scholars, students, and broad audiences interested in comparative studies in pornography regulation, the history of pornography, the law of pornography and obscenity, and visual culture and history alike.
The Internet has changed the way we access the world. This is especially true for kids, who soak up new technologies like eager little sponges. They have access to an enormous array of material, including educational links, sports info, chat roomsâ€"and, unfortunately, pornography. But we must approach our need to protect children with care to avoid placing unnecessary restrictions on the many positive features of the Internet. Youth, Pornography, and the Internet examines approaches to protecting children and teens from Internet pornography, threats from sexual predators operating on-line, and other inappropriate material on the Internet. The National Research Council's Computer Science and Telecommunications Board explores a number of fundamental questions: Who defines what is inappropriate material? Do we control Internet access by a 17-year-old in the same manner as for a 7-year-old? What is the role of technology and policy in solving such a problem in the context of family, community, and society? The book discusses social and educational strategies, technological tools, and policy options for how to teach children to make safe and appropriate decisions about what they see and experience on the Internet. It includes lessons learned from case studies of community efforts to intervene in kids' exposure to Internet porn. Providing a foundation for informed debate, this very timely and relevant book will be a must-read for a variety of audiences.

Code

Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig

Published: 2016-08-31

Total Pages: 378


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There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
The nexus between the digital revolution and adolescent sexual behavior has posed significant challenges to mental health practitioners, attorneys, and educators. These digital technologies may facilitate dangerous behaviors and serious consequences for some youth. Adolescent Sexual Development in the Digital Age considers adolescent sexual behavior in both clinical and legal contexts and provides a basis for clinicians, legal professionals, educators, policy makers, parents and the general public to understand the impact that technology has on human growth and development. The book's contributing authors are leading authorities in adolescent development, law, and ethics, fostering an interdisciplinary dialogue within the text. New technology poses many opportunities for both normal and risky sexual behavior in youth; including "sexting," social networking, cyber-sexual harassment, commercial exploitation of children, and child pornography. Beyond just cataloging the various technologies impacting sexual behavior, this volume offers guidance and strategies for addressing the issues created by the digital age.
Discusses the First Amendment and censorship on the Internet
A first-person account of the fight to preserve First Amendment rights in the digital age. Lawyer and writer Mike Godwin has been at the forefront of the struggle to preserve freedom of speech on the Internet. In Cyber Rights he recounts the major cases and issues in which he was involved and offers his views on free speech and other constitutional rights in the digital age. Godwin shows how the law and the Constitution apply, or should apply, in cyberspace and defends the Net against those who would damage it for their own purposes. Godwin details events and phenomena that have shaped our understanding of rights in cyberspace—including early antihacker fears that colored law enforcement activities in the early 1990s, the struggle between the Church of Scientology and its critics on the Net, disputes about protecting copyrighted works on the Net, and what he calls "the great cyberporn panic." That panic, he shows, laid bare the plans of those hoping to use our children in an effort to impose a new censorship regime on what otherwise could be the most liberating communications medium the world has seen. Most important, Godwin shows how anyone—not just lawyers, journalists, policy makers, and the rich and well connected—can use the Net to hold media and political institutions accountable and to ensure that the truth is known.
By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography’s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds. In maintaining that inegalitarian pornography generates discursive effects, the book contends that law cannot simply adopt a libertarian approach to free speech. While inegalitarian pornography may not be determinative of gender inequality, it does contribute, reinforce, reflect and help maintain such unfairness. As a result, we can place reasonable gender-based regulations on inegalitarian pornography while upholding our most treasured commitments to dissident speech just as other liberal democracies with strong free speech traditions have done.