Explained Child Pornography and Indian Government ban on adult sites

Explained Child Pornography and Indian Government ban on adult sites

Recently Government of India banned the most popular 857 adult sites
Now Government is saying that they want to ban the child pornography sites

From 857 adult sites I do not think there is a single child pornography site.
Child pornography sites one cannot access easily one has to know the tricks of internet

As you will read the article you will understand that child pornography websites do not operate openly.

You can call it dark internet Grey Internet about which simple users know nothing how to access such sites 

I am not going to tell you here how to access such sites.

As our [Destination Infinity] friend ask me question
Do I support child pornography?

I do not support child pornography


In India problem is   there is no clarity regarding Obscenity, pornography and child pornography
Everything depends on the investigative agencies

In India Obscenity, pornography and child pornography is illegal.Pornographic films in India are referred as blue films or xxx films or triple x films.


July 30 , 2015 –
BJP Government ordered the internet companies to ban most popular 857 websites
Government did not mention any particular site as child pornography site.

After government order all companies banned the 857 adult sites.

Now Government is saying that they will take back the ban

Now government of India has asked the ISP to allow websites that do not carry child pornography.

After this Internet Service Providers Association of India (ISPAI) told following to the media

"The ISPs do not have mechanism to check the content, as the same is dynamic in nature. Hence, we request government to advise us immediately on the future course of action in this regard. Till your further directive, the ISPs are keeping the said 857 URLs disabled,"

This means that still ban is effective and one is not able to access the adult websites from list of 857.

Now let us understand what is child pornography?

Child pornography is a form of child sexual exploitation.

US Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).
 
Images of child pornography are also referred to as child sexual abuse images.

US Federal law prohibits the production, distribution, importation, reception, or possession of any image of child pornography.  

A violation of federal child pornography laws is a serious crime, and convicted offenders face fines severe statutory penalties

Child pornography images are readily available through virtually every Internet technology including websites, email, instant messaging/ICQ, Internet Relay Chat (IRC), newsgroups, bulletin boards, peer-to-peer networks, and social networking sites. 

Child pornography offenders can connect on Internet forums and networks to share their interests, desires, and experiences abusing children in addition to selling, sharing, and trading images.

It is important to distinguish child pornography from the more conventional understanding of the term pornography. 

Child pornography is a form of child sexual exploitation, and each image graphically memorializes the sexual abuse of that child. 

Each child involved in the production of an image is a victim of sexual abuse.

List of US Federal Law regarding child Pornography

18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child pornography)

18 U.S.C. § 2251A- Selling and Buying of Children

18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child pornography)

18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography

18 U.S.C. § 2256- Definitions

18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

  Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law.

Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). 

Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.  Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.

Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce.  This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders.

Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not traveled across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD Rom used to store the image, originated or previously traveled in interstate or foreign commerce.

Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.

Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.

Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. 

For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. 

A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. 

Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation.  In these circumstances, a convicted offender may face up to life imprisonment.

Now ask the question is it possible that child pornography sites can operate openly on Internet?

Government needs to give the names of the child pornography sites and then ISP will ban them
This happens when new Bollywood movie is released government or courts ban the few piracy sites but still piracy happens.

Same way Government can give the names of such sites who do crimes against children.

857 sites are popular if they are popular then I am sure they do not have anything to do with child pornography.

18 U.S.C. § 2257 Statement - Adult websites mention it  -
Any actual human beings depicted in images appearing on this website were over the age of 18 at the time those images were recorded.
They give the name of the record keeping authority also record about name age of the actors etc
About warning or statement means or declares that
The site is not involved in child pornography.


Reality views by sm –

Thursday, August 6, 2015

Tags – Government Ban Adult Sites Child Pornography