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Questions and Answers
What poses challenges for determining if material is protected by the First Amendment?
What poses challenges for determining if material is protected by the First Amendment?
How is obscenity generally defined according to traditional standards?
How is obscenity generally defined according to traditional standards?
Which of the following describes the difference between indecent and obscene speech?
Which of the following describes the difference between indecent and obscene speech?
What complicates the determination of obscenity on the Internet?
What complicates the determination of obscenity on the Internet?
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What is a challenge posed by technology-specific criminal legislation in relation to free speech?
What is a challenge posed by technology-specific criminal legislation in relation to free speech?
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Which statement is true regarding community standards and obscenity?
Which statement is true regarding community standards and obscenity?
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What is one of the main impacts of children's accessibility to indecent speech?
What is one of the main impacts of children's accessibility to indecent speech?
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Why might courts have differing opinions on material's First Amendment protection?
Why might courts have differing opinions on material's First Amendment protection?
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What was the primary focus of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)?
What was the primary focus of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)?
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What challenge does the First Amendment pose in relation to online gambling?
What challenge does the First Amendment pose in relation to online gambling?
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What issue remains unresolved regarding protections in online gambling?
What issue remains unresolved regarding protections in online gambling?
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What was one major criticism of the Old Wire Act of 1961 in the context of online gambling?
What was one major criticism of the Old Wire Act of 1961 in the context of online gambling?
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What is a significant barrier to effectively regulating online gambling on an international level?
What is a significant barrier to effectively regulating online gambling on an international level?
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What was the main purpose of the Telecommunications Reform Act of 1996?
What was the main purpose of the Telecommunications Reform Act of 1996?
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What significant issue did the Protection of Children Against Sexual Exploitation Act (1977) face in court?
What significant issue did the Protection of Children Against Sexual Exploitation Act (1977) face in court?
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What does the term 'scienter' refer to in the context of child pornography laws?
What does the term 'scienter' refer to in the context of child pornography laws?
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Why did the court strike down the legislation regarding virtual child pornography in Ashcroft v. Free Speech Coalition?
Why did the court strike down the legislation regarding virtual child pornography in Ashcroft v. Free Speech Coalition?
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What is a key characteristic of telephone communications and cable TV in terms of legal protection?
What is a key characteristic of telephone communications and cable TV in terms of legal protection?
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What type of speech does the court find objectionable when considering the protection of minors?
What type of speech does the court find objectionable when considering the protection of minors?
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What action did the Telecommunications Reform Act of 1996 criminalize specifically pertaining to minors?
What action did the Telecommunications Reform Act of 1996 criminalize specifically pertaining to minors?
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What reasoning did the court provide for the decision against broad censorship of categories of speech?
What reasoning did the court provide for the decision against broad censorship of categories of speech?
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The First Amendment protects against censorship of text and images available on a computer.
The First Amendment protects against censorship of text and images available on a computer.
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Community standards regarding what is considered obscene are universally consistent.
Community standards regarding what is considered obscene are universally consistent.
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Indecent speech can be broadcast during times when children are likely to be part of the audience.
Indecent speech can be broadcast during times when children are likely to be part of the audience.
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Technological advancements have created specific challenges for determining the scope of criminal legislation related to free speech.
Technological advancements have created specific challenges for determining the scope of criminal legislation related to free speech.
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Virtual images are always considered the same as actual images in terms of obscenity.
Virtual images are always considered the same as actual images in terms of obscenity.
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The statement 'I can’t define it, but I know it when I see it' is relevant to defining obscenity.
The statement 'I can’t define it, but I know it when I see it' is relevant to defining obscenity.
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The First Amendment provides unconditional protection for all types of speech.
The First Amendment provides unconditional protection for all types of speech.
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Access to indecent material by children increases the level of protection such material has under the law.
Access to indecent material by children increases the level of protection such material has under the law.
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Telephone communications and cable TV are less protected under the law than online content.
Telephone communications and cable TV are less protected under the law than online content.
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The Telecommunications Reform Act of 1996 aimed to regulate the challenges presented by cyberspace.
The Telecommunications Reform Act of 1996 aimed to regulate the challenges presented by cyberspace.
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The Protection of Children Against Sexual Exploitation Act (1977) required a specific level of knowledge regarding a child's age for convictions.
The Protection of Children Against Sexual Exploitation Act (1977) required a specific level of knowledge regarding a child's age for convictions.
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The court upheld the legality of virtual child pornography in Ashcroft v. Free Speech Coalition.
The court upheld the legality of virtual child pornography in Ashcroft v. Free Speech Coalition.
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There is a consensus among courts on the dangers posed by virtual child pornography to child molesters.
There is a consensus among courts on the dangers posed by virtual child pornography to child molesters.
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The Communications Decency Act criminalized obscene communication to adults.
The Communications Decency Act criminalized obscene communication to adults.
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Censorship of entire categories of speech is considered acceptable according to court rulings on free speech.
Censorship of entire categories of speech is considered acceptable according to court rulings on free speech.
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Technology-specific legislation related to communications is often simplistic and resolves many legal issues effectively.
Technology-specific legislation related to communications is often simplistic and resolves many legal issues effectively.
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The Old Wire Act of 1961 adequately addressed the increase in online sports betting.
The Old Wire Act of 1961 adequately addressed the increase in online sports betting.
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The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) focuses on regulating online gambling operations directly.
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) focuses on regulating online gambling operations directly.
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There is strong international cooperation regarding laws governing internet gambling.
There is strong international cooperation regarding laws governing internet gambling.
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The First Amendment ensures a free flow of information while also considering the protection of children.
The First Amendment ensures a free flow of information while also considering the protection of children.
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Technologically-generated or altered images are unaffected by questions of protection.
Technologically-generated or altered images are unaffected by questions of protection.
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Study Notes
Computer Forensics and Cyber Crime - Chapter 8
- The First Amendment protects censorship of text and images on computers.
- Courts differ on whether material is protected by the First Amendment.
- Technology-specific laws often use vague descriptions of forbidden content, encompassing content delivered through new technologies.
Obscenity in General
- Defining obscenity is difficult.
- "I can't define it, but I know it when I see it."
- Community standards vary on what is considered obscene.
- The existence of a global internet community further complicates obscenity determinations.
- Virtual images may differ from real images.
Traditional Notions of Decency
- Indecent speech, even if not obscene, cannot be broadcasted to children.
- Accessibility to children leads to reduced protection of indecent speech.
- Phone and cable TV communications receive heightened protection due to their less pervasive and accessible nature, compared to broadcast media.
- Courts must balance the interest in protecting children against censoring entire categories of speech; censorship is unacceptable.
Emerging Statutes and the Availability of Obscene Material to Children
- The Communications Decency Act (CDA) aimed to regulate cyberspace.
- The CDA criminalized harassment, stalking, annoyance or abuse of individuals in electronic media.
- The CDA criminalized any obscene communication to minors, as well as the transmission of prima facie offensive information.
Traditional Attempts to Criminalize Child Pornography
- The Protection of Children Against Sexual Exploitation Act of 1977 did not require knowledge of the victim's age to secure a conviction.
- The lack of a scienter requirement (specific knowledge) led to a ruling that it was unconstitutional.
Technology-Specific Legislation - Contention in the Courts
- Did simulated child pornography increase the dangerousness of child molesters?
- Courts ruled against this contention regarding the constitutionality of the Act.
Internet Gambling
- The Old Wire Act of 1961 was not sufficient to address the increase in online sports betting and bookmaking activities.
- The Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 aimed to regulate payment systems, the key element of online gambling.
Internet Gambling
- Lack of international cooperation and the role of the World Trade Organization (WTO) in this context.
Future Issues and Conclusions
- Balancing the First Amendment's protection of information flow with protecting children.
- Questions remain regarding protections of technologically-altered or generated images.
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Description
Dive into Chapter 8 of Computer Forensics and Cyber Crime, where we explore the complexities of censorship, obscenity, and traditional notions of decency. Understand how the First Amendment applies to modern technology and the challenges courts face in defining and regulating obscene content online.
