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Bill Would Ban Suggestive Child 'Modeling' Sites
Washtech.com Staff Writer Tuesday, May 7, 2002; 3:08 PM
A pair of U.S. lawmakers today will introduce legislation to ban Web
sites that feature photos of clothed, but suggestively posed children.
So-called "child modeling" sites like Allcutekids.com and
Jessithekid.com feature photographs of prepubescent girls wearing
bikinis and other attire. Virtually all of the sites have pay-per-view
sections and don't appear to sell anything other than photographs of the
girls.
"The only thing they are modeling are themselves," said Chris Paulitz, a
spokesman for Rep. Mark Foley (R-Fla.), who is cosponsoring the
legislation. "They are not modeling a product (and) they are not
modeling a service."
Foley said that child modeling is a term used by the Web site operators
to describe themselves. "We think its child erotica," he said.
Drafted by Foley and Rep. Nick Lampson (D-Texas), the legislation would
ban all Web sites that charge fees to view pictures of children younger
than 16. Web sites that sell clothing and other legitimate products
would be exempt from the ban.
The legislation also would amend labor law to make it a crime for Web
site operators to hire underage children to pose for those sorts of
modeling sites, Paulitz said.
The bill would create penalties of up to 10 years in prison for
violators.
Center for Democracy and Technology (CDT) Associate Director Alan
Davidson said he hadn't seen the legislation, but warned that it could
send up some constitutional red flags.
"One has to ask the question: Is this likely to pass Supreme Court
muster?" Davidson said. "The court has been pretty clear that the
standing child pornography (statutes are) the law of the land."
Paulitz said the Foley-Lampson bill was designed to be constitutionally
acceptable.
Several states, including New York and Colorado, already ban the child
modeling sites, but Paulitz said the nature of the Internet makes it
difficult to enforce state statutes.
Paulitz said Foley and Lampson hope to tack their bill onto a recently
introduced measure that would ban pornographic images that have been
digitally "morphed" to appear to depict children.
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