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One Illustrative Advantage |
One Illustrative Disadvantage |
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| Vigorous prosecution of existing obscenity laws |
Would clarify existing uncertainties about the feasibility of obscenity prosecutions |
Would requires personnel and resources that might be used for other law enforcement activity that may be of higher priority. |
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| Imposition of civil liability of dissemination of obscene materials |
Would enables private parties to take action through the court system when prosecutorial resources are limited. |
Would generally require some showing of individualized harm, which may be difficult to demonstrate. |
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| Required use of age verification systems by commercial suppliers of adultoriented sexually explicit material |
Currently under review by the Supreme Court; see more discussion in main body of text |
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| Required use of "text-only" front page to ensure that first page of Web site is the "warning" page about material inside being for adults only |
Would reduce inadvertent access to sexually explicit material from adult-oriented commercial Web sites. |
Would not reduce access for children willing to lie about their ages. |
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| Required labeling of material that is obscene for minors |
Would place a minimal burden on content providers. |
Would requires positive market response for success (e.g., browsers must be capable of recognizing labels, parents must configure browsers accordingly) |
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| Prohibitions on spam containing material that is obscene for minors |
Would reduce unsolicited emailed advertisements for adult-oriented material |
Content-based restriction would make regulation more problematic on First Amendment grounds |
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| Prohibitions on mousetrapping to Web sites containing material that is obscene for minors |
Would improve navigational experience for Internet users |
Regulatory target may be uncertain. |
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| Stricter enforcement of record-keeping requirements |
Would increase costs of compliance with such requirements may reduce number of commercial entities that are unwilling to behave responsibly |
Requires personnel and resources that might be used for other law enforcement activity that may be of higher priority |
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| Streamlined process for handling reports of violations |
Would facilitates citizen reporting of child pornography; would reduce interagency impediments to cooperation in such prosecutions |
May increase false alarms and screening effort required |
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| Self-regulation (e.g., vigorous enforcement of ISP terms of service) |
Would likely lead to faster "take down" of material posted in violation of terms of service (which generally includes material that is obscene or child pornography) |
Requires vigorous monitoring effort on part of ISP |