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Kids, the Law & the Internet

The Internet is global. That means in order to control what is accessible on the Internet, we have to regulate it globally. That involves setting global standards & being able to enforce the laws on a worldwide basis.

But the biggest problem with worldwide efforts is the difference in worldwide standards & laws. US laws & constitutional standards don’t cut it everywhere else in the world. What’s acceptable & legal in the United States may be criminal elsewhere. We highlight certain legal decisions & developments on our front page at WiredPatrol.org. Check it out frequently.

Violations against children on the Internet have gained global attention. The United Nations, Interpol, the Council of Europe, the G8 & the OECD to name a few, have all proposed incentives to address the issue of child pornography on the Internet.

All governing bodies will agree that in addition to enforcing laws a major emphasis is needed on prevention.

When pornography is involved, most standards fluctuate widely around the world. Distribution & production of child pornography is illegal in most places in the world. The age of the children to qualify as child pornography differs worldwide & some countries outlaw possession, while others do not. In some countries attempts to solicit a child to an online meeting is illegal, while others require an actual attempted molestation. Some law enforcement agencies can go undercover & pose as a child, hoping that a predator will try to lure them instead of an actual child, which other countries consider that entrapment. It's difficult to keep track of the laws & developments. But by being a global network, we can get cooperation from many jurisdictions in different cases.

Recent decisions by the US Supreme Court have changed the reach of US laws in child pornography cases & in connection with children accessing graphic sexual images online. So-called morphed images, images which are created using a child's head & an adult's body, but which is changed to appear to be a child engaging in sexual activity is no longer considered child pornography under existing US federal laws. But images showing children engaged in sexual activity, or posed in a lewd or lascivious fashion or with a focus on the genitalia will still qualify as child pornography, & prosecuted as such.

The more recent decision has found that a law designed to protect children from being exposed to commercial sexually explicit images at pornography sites may be salvageable, but further findings must be made by another court.

In Canada legislation has been introduced to make it illegal to seek child pornography online. It is illegal to download, print or save any images in any country or jurisdiction where possession is illegal, but this takes this one step further. This would prevent help groups, such as our Child Exploitation Team, from searching for child pornography sites to report to law enforcement agencies. In the UK, legislation has been introduced making grooming of children an offense. "Grooming" is when someone attempts to seduce a child into meeting them online. This could be problematic, but is believed by many to be necessary to stem the increases in children being lured into off-line meetings with child molesters. Laws are important, but ever bit as important are prevention programs. We are happy to put child molesters behind bars, but better they can't molest because children are on to their tricks & refuse to meet them off-line. Got a question, Ask Parry! If you have legal information you'd like to share, let us know or if you are a member of the legal community anywhere in the world, join us & help.

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Parts of this web site were taken from Parry Aftab's book "The Parent's Guide to Protecting Your Children in Cyberspace"
Proceeds from the sales of Parry's book help support our work & it is available to purchase online by clicking here.