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April 18, 2002 Posted: 1:13 PM EDT (1713 GMT)

WASHINGTON (CNN) -- The U.S. Supreme Court Tuesday struck down a 6-year-old law that prohibits the distribution and possession of virtual child pornography that appears to -- but does not -- depict real children.


The law had banned a range of techniques -- including computer-generated images and the use of youthful-looking adults -- which were designed to convey the impression of minors engaging in sexually explicit conduct.


The 6-3 ruling says the law violates the First Amendment guarantee of freedom of speech. The decision hands a major setback to the Justice Department and the majority of Congress in their legislative efforts to fight child pornography.


Writing for the majority, Justice Anthony Kennedy said key provisions of the Child Pornography Prevention Act of 1996 were "overbroad" and infringed on established protections of material with artistic value that does not violate community standards.


"Pictures of what appear to be a 17-year-old engaging in sexually explicit activity do not in every case contravene community standards," the court said.


"The (Act) also prohibits speech having serious redeeming value, proscribing the visual depiction of an idea -- that of teenagers engaging in sexual activity -- that is a fact of modern society and has been a theme in art and literature for centuries."


The opinion cited several artistically significant instances in which teenage sex was portrayed, including William Shakespeare's play "Romeo & Juliet," and the recent movies "Traffic" and "American Beauty."


Kennedy was joined by justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Clarence Thomas wrote a separate opinion agreeing with their conclusion.


Justices Sandra Day O'Connor, in a dissent, disagreed with much of the majority opinion, and was joined by Chief Justice William Rehnquist and Antonin Scalia.


In a separate dissent Rehnquist, backed by Scalia, strongly disagreed with the majority, saying "the computer-generated images are virtually indistinguishable from real children."


The ruling came in a case named Ashcroft v. The Free Speech Coalition. U.S. Attorney General John Ashcroft and President George W. Bush's Justice Department inherited defense of the law from former Attorney General Janet Reno and the President Clinton Justice Department, which had defended the law in the lower courts.


The Free Speech Coalition is comprised primarily of a trade association of publishers of pornographic materials.


Ashcroft said he was disappointed by the court's decision.


"This morning the United States Supreme Court made our ability to prosecute those who produce and possess child pornography immeasurably more difficult," Ashcroft said.


Ashcroft said the Justice Department would use every resource to prosecute child pornography cases and said child pornographers "will find little refuge in today's decision."


He said he would work with Congress to pass new laws that would survive the court's scrutiny.


"I believe today's opinion and the Constitution leave open legislative avenues to protect our children from harm and we will seek to develop the means to do so with legislative endeavor," Ashcroft said.


Still to be decided by the Supreme Court this spring is another case involving a separate law, which specifically restricts the access of minors to sexually explicit material on the Internet.


FindLaw opinion database: Supreme Court opinions from 1893-2002


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The U.S. Supreme Court voted 6-3 to strike down the ban on virtual child pornography, saying the law violated the First Amendment right of free speech. CNN's Kelli Arena reports (April 17)



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From Wikipedia, the free encyclopedia

Tor
.onion domain
Tor2web
*Maintains additional presence on the surface web

Playpen was a notorious darknet child pornography website that operated from August 2014 to March 2015. [1] [2] The website operated through a hidden service through the Tor network which allowed users to use the website anonymously. After running the website for 6 months, the website owner Steven W. Chase was captured by the FBI . After his capture, the FBI continued to run the website for another 13 days as part of Operation Pacifier .

When it was shut down in March 2015, the site had over 215,000 users and hosted 23,000 sexually explicit images and videos of children as young as toddlers.

The shutdown operation, called Operation Pacifier, involved the FBI hijacking the site and continuing to serve content for two weeks (from February 19, 2015 until March 4, 2015). During this time the FBI used a malware -based " Network Investigative Technique " to hack into the web browsers of users accessing the site, thereby revealing their identities. The operation led to the arrest of 956 site users and five prison sentences.

While the FBI claimed to have knowledge about the existence of the website right from its beginning, it was unable to track down the servers locations or the site owner. The reason for their struggle was the fact that Playpen was hosted as a hidden service via Tor . Only a mishap of the site owner revealing his IP address finally allowed the law enforcement to track down both page and personnel. [1]

The investigation led to the sentencing of Steven W. Chase, a 58-year-old from Florida who created the website, to 30 years in prison in May 2017. His two co-defendants pleaded guilty and were sentenced to 20 years each earlier in 2017 for their involvement in Playpen. [1]

All people that used this site had their Google and Microsoft accounts deleted.

In 2017, charges were dropped against one member of the site, after the court demanded that details of the hacking tool be released. The FBI preferred to keep the NIT ( network investigative technique ) malware a secret for future investigations. [3] [4] [5]

The investigation was criticized by the Electronic Frontier Foundation because, after having taken control of the website, the FBI continued for nearly two weeks to operate the website and thus distribute child pornography, i.e. exactly the same crime the bureau sought to stop. [6] The lawyer of a defendant in the case stated that the FBI not only operated the website, but improved it so its number of visitors rose sharply while it was under their control. [7]

Challenges were raised about the FBI's possibly severe misuse of the initial search warrant, leading to the likely dismissal of much of the gathered evidence against one defendant. [8] [9] On August 28, 2019, the Eleventh Circuit Court of Appeals ruled that the warrant was invalid but that the evidence obtained was not required to be excluded due to the good-faith exception doctrine. [10]




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