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Akdeniz, Yaman "Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach," in Edwards, L and Waelde, C eds, Law and the Internet: Regulating Cyberspace, Hart Publishing, 1997, pp 223-241. Introduction The availability of pornographic content on the Internet The governance of the Internet Overview of UK pornography laws Obscene Publications Act 19 Child pornography UK child pornography laws Protection of Children Act 1978 Section 160 of the Criminal Justice Act 1988 Operation Starburst Possession offences Distribution offences Fellows and Arnold: The Birmingham University Case US attempts to regulate the Internet - the Communications Decency Act 1996 (CDA) Legal challenges to the CDA Developments within the European Union Responsibility of Internet Service Providers (ISPs) Self- regulation by ISPs - the Internet Watch Foundation UK police censorship of Internet newsgroups Technical solutions and rating systems Parental control software Conclusion Copyright 1997, 1998 Yaman Akdeniz.
Following the amendments made by CJPOA 1994, this would even apply when A simply makes the data available to be transferred or downloaded electronically, by providing a password to B, so that B can access the materials and copy them.(16) The main concern of legislators and parents in relation to Internet content is child pornography, rather than other forms of pornographic content.
This has been the case ever since paedophiles started to use the Internet for circulating pornographic materials related to children.(17) Paedophilia can be seen as a minority sexual group, with its own form of expression explicitly involving fantasies and imaginings about sex with children.
The following headings will try to address the issues arising from the multi-layered approach to the governance of pornographic-content on the Internet.
This section concentrates mainly on those aspects of UK law relating to obscenity which have particular reference to the Internet.
According to Walker, social regulation within modern society has developed within physical bounds of time and space, but the development of cyberspace distanciates its inhabitants from local controls and the physical confines of nationality, sovereignty and governmentality leading to new possibilities in relationships and interaction.(8) The idea of governance without government may be the best approach for the development of the Internet.