Which of the following laws enacted in United States makes it illegal for an Internet Service Provider
(ISP) to allow child pornography to exist on Web sites?
A.
Child Pornography Prevention Act (CPPA)
B.
USA PATRIOT Act
C.
Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act (PROTECT Act)
D.
Sexual Predators Act
Explanation:
Sexual Predators Act is enacted in United States in 1998, which prohibits and made illegal for an
Internet Service Provider (ISP) to knowingly allow child pornography to appear on Web sites. It is
necessary for an ISP to notify law enforcement that a Web site is hosted on its server,
which contains child pornography material. This Web site or the pornographic contents of the Web
site must be removed from the server immediately.
Answer option A is incorrect. The Child Pornography Prevention Act of 1996 (CPPA) was a United
States federal law to restrict child pornography on the internet, including virtual child pornography.
Before 1996, Congress defined child pornography with reference to the Ferber standard. In New
York v. Ferber, 458 U.S. 747 (1982), the Supreme Court held that the government could restrict the
distribution of child pornography to protect children from the harm inherent in making it. The Child
Pornography Prevention Act added two categories of speech to the definition of child pornography.
The first prohibited “any visual depiction, including any photograph, film, video, picture, or computer
or computer-generated image or picture” that “is, or appears to be, of a minor engaging in sexually
explicit conduct.” In Ashcroft case, the Court observed that this provision “captures a range of
depictions, sometimes called ‘virtual child pornography,’ which include computer-generated images,
as well as images produced by more traditional means.” The second prohibited “any sexually explicit
image that was advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression it depicts a minor engaging in sexually explicit conduct.”
Answer option B is incorrect. The USA PATRIOT Act, commonly known as the “Patriot Act”, is a
statute enacted by the United States Government that President George W. Bush signed into law on
October 26, 2001. The contrived acronym stands for Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The Act increases the
ability of law enforcement agencies to search telephone, e-mail communications, medical, financial,
and other records. It eases restrictions on foreign intelligence gathering within the United States and
enhances the discretion of law enforcement and immigration authorities in detaining and deporting
immigrants suspected of terrorism-related acts. The act also expands the definition of terrorism to
include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s
expanded law enforcement powers can be applied.
Answer option C is incorrect. The Prosecutorial Remedies and Tools Against the Exploitation of
Children Today Act (PROTECT Act) of 2003 is a United States law with the stated intent of preventing
child abuse. The PROTECT Act incorporates the Truth in Domain Names Act (TDNA) of 2003
(originally two separate Bills, submitted by Senator Orrin Hatch and Congressman Mike Pence). The
PROTECT Act is codified at 18 U.S.C. 2252(B)(b). This law provides mandatory life imprisonment of
sex offenses against a minor if the offender has had a prior conviction of abuse against a minor with
some exceptions.CHFI Course Manual, Contents. “Internet Laws”