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    Thus, if a local community determines a pornographic work to meet its standard for obscenity then it is more likely to be banned.

    This means that a pornographic magazine that might be legal in California could be illegal in Alabama. This standard on pornographic legality is extremely difficult to uphold for the internet given that the internet contains copious amounts of pornography.

    It has been argued that if the Miller test were applied to the Internet then, in effect, the community standards for the most conservative community would become the standard for all U.

    The courts are currently examining this issue. The first attempt to regulate pornography on the Internet was the federal Communications Decency Act of , which prohibited the "knowing" transmission of "indecent" messages to minors and the publication of materials which depict, in a manner " patently offensive as measured by contemporary community standards, sexual or excretory activities or organs", unless those materials were protected from access by minors, for example by the use of credit card systems.

    Immediately challenged by a group of organizations spearheaded by the ACLU , both of these provisions were struck down by the U.

    Supreme Court in Reno v. American Civil Liberties Union A second attempt was made with the narrower Child Online Protection Act COPA of , which forced all commercial distributors of "material harmful to minors" to protect their sites from access by minors.

    Several states have since passed similar laws. An injunction blocking the federal government from enforcing COPA was obtained in In , the 3rd Circuit Court of Appeals upheld the injunction and struck down the law, ruling that it was too broad in using "community standards" as part of the definition of harmful materials.

    In May , the Supreme Court reviewed this ruling, found the lower court's given reason insufficient and returned the case to the circuit court.

    In March , the 3rd Circuit Court again struck down the law as unconstitutional, this time arguing that it would hinder protected speech among adults.

    The administration appealed; in June the Supreme Court upheld the injunction against the law, ruling that it was most likely unconstitutional but that a lower court should determine whether newer technical developments could affect this question.

    On March 22, , COPA was found to violate the First and Fifth Amendments of the United States Constitution and was struck down. Another act intended to protect children from access to Internet pornography is the Children's Internet Protection Act CIPA of It requires that public libraries, as a condition of receiving federal subsidies for Internet connectivity, employ filtering software to prevent patrons from using Internet terminals to view images of obscenity and child pornography , and to prevent children from viewing images "harmful to minors", a phrase encompassing pornography that has been held by the Supreme Court to be protected by the First Amendment for adults.

    The act allows librarians to disable the filtering software for adult patrons with "bona-fide research or other lawful purposes". The act was challenged by the American Library Association on First Amendment grounds, and enforcement of the act was blocked by a lower court.

    In June , the Supreme Court reversed and ruled that the act was constitutional and could go into effect. The production of sexually explicit materials is regulated under 18 U.

    The 18 U. Although the law had been on the books for over 10 years, the Justice Department never actually inspected anyone. It was not until pressure from Congress, and conservative religious groups spurred the administration of George W.

    Bush and Attorney General Gonzales to begin inspections of larger commercial pornography companies primarily in the Los Angeles area.

    Despite fears of mass inspections, harassment, and prosecution, the Justice Department inspected less than two dozen companies out of several thousand operating , and no prosecutions resulted from any of the inspections.

    Retired FBI agents conducted the inspections, and generally arrived with a list of videos whose records they wanted to examine most likely, to avoid potential Fourth Amendment conflicts on issues of probable cause.

    According to pornography executives, the agents were always courteous and professional, suggesting changes or modifications to the companies' record-keeping processes.

    Once Attorney General Alberto Gonzales left the Justice Department, the inspections ended. In , the Department of Justice issued regulations that expand the definition of a "secondary producer" of sexually explicit material.

    As of June 23, , federal regulations apply the record-keeping requirement to secondary producers, and defines them as including anyone who "inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct.

    On October 24, , the Sixth Circuit Court of Appeals in Ohio issued a judgment against the law, ruling it as unconstitutional according to the First Amendment.

    However, the Sixth Circuit subsequently reheard the case en banc and issued an opinion on February 20, , upholding the constitutionality of the record-keeping requirements, albeit with some dissents.

    See the one line denial on page nine of the Supreme Court order list for October 5, In February , Buffnet, a New York Internet Service Provider , pleaded guilty in state court to a misdemeanor count of knowingly providing access to child pornography, after being notified by police of the content and not taking action.

    The sale or distribution of hardcore pornography through any channel was prohibited until the rules were relaxed in However, pornographic videos sold or distributed legally within the UK must receive a certificate from the British Board of Film Classification BBFC and the rules are still quite strict.

    In , internet service providers started the Internet Watch Foundation to watch for pornographic content that is in violation of British law and report it to the police.

    The web filter Cleanfeed is used by the largest ISP, BT Group , to block sites on the Internet Watch Foundation's list, which include sites that are "criminally obscene " as well as child pornography.

    The possession of pornographic images for private use has traditionally not been an offence in the UK.

    This means that British citizens have been able to access content on sites overseas without breaking any laws, except for child pornography.

    This was proposed by the Government after the murder of Jane Longhurst , claiming that such material was viewed by murderer Graham Coutts.

    In , Prime Minister David Cameron introduced plans to filter internet pornography by default in the UK. By the end of , access to internet pornography was blocked unless subscribers specifically chose to 'opt out' by contacting their ISP.

    This was done in an effort to reduce the number of children having access to pornography on the Internet. The plans were criticised as likely to sweep up non-pornographic content, disclose intimate information to the government, and as unwarranted censorship.

    This brought a renewed controversy over the banning of depiction of certain sex acts including depictions "physical or verbal abuse", "roleplay as non-adults", urolagnia , and female ejaculation , among others.

    The Digital Economy Act includes powers to require age-verification for pornographic Internet sites and the government accepted an amendment to allow the regulator to require ISPs to block access to non-compliant sites.

    Internet pornography in Australia is subject to a multifaceted regulatory framework. Criminal legislation is in force at the Commonwealth, state and territory levels targeting those involved in the production, dissemination and consumption of illegal internet pornography including online child abuse pornography and online pornography featuring adults portrayed as children.

    Under an internet filter, proposed by Senator Stephen Conroy , internet pornography hosted outside Australia classified by the ACMA under the Classification Board legislation will be blocked if such internet pornography is deemed by the AMCA to be refused classification RC , or 'potentially' refused classification.

    Refused classification RC does include real child abuse internet pornography and bestiality internet pornography, however it may also include content discussing or illustrating examples of internet pornography including both, illegal internet pornography and internet pornography featuring adults portrayed as children which may limit discussion and debate to authorised statutory persons only, rather than open and free public debate.

    Criminal legislation is complemented by a further tier of regulation which provides a range of administrative remedies designed to deal with the availability of inappropriate content by removing it from the internet or by blocking access to it.

    Since January , internet pornography considered offensive or illegal has been subject to a statutory scheme administered by ACMA as Australia's media regulator.

    Established under Schedule 5 to the Broadcasting Services Act , the online content scheme evolved from a tradition of Australian content regulation in broadcasting and other entertainment media.

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