[Congressional Record (Bound Edition), Volume 148 (2002), Part 9]
[Extensions of Remarks]
[Page 12229]
[From the U.S. Government Publishing Office, www.gpo.gov]




       H.R. 4623--CHILD OBSCENITY AND PORNOGRAPHY PREVENTION ACT

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                               speech of

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                         Tuesday, June 25, 2002

  Mr. POMEROY. Mr. Speaker, I rise today in support of the bill I 
cosponsored, H.R. 4623, the Child Obscenity and Pornography Prevention 
Act. This bill marks a truly important step forward in protecting our 
Nation's kids from the scourge of pedophiles and child exploitation.
  Troubling headlines involving kids around the country are showing 
that there is a dark side to the Internet. The very technology that has 
wired the world, allowing information to flow like never before, also 
presents new dangers for our children, even in our small, safe 
hometowns. Parents used to worry about their kids talking to strangers. 
Now it seems commonplace for them to do so everyday online. I know the 
Internet helps our children with everything from schoolwork to applying 
to college to keeping in touch with their friends, but I also recognize 
that this more frequent contact with strangers exposes children to the 
dangers of pornographers and other exploitation. Worse yet, the 
prevalence of virtual child pornography--computer generated images that 
are indistinguishable from real children and only serve to whet the 
appetites of pedophiles and would-be molesters--has become more 
difficult to prevent as a result of a recent court decision.
  In April, the Supreme Court, in Ashcroft v. The Free Speech 
Coalition, struck down as unconstitutional portions of the Child 
Pornography Prevention Act (Pub. L. 104-208) that made it illegal to 
create, distribute or possess ``virtual'' child pornography. In its 
opinion striking down the provisions of the law, however, the court 
ruled that extending the reach of child pornography laws to computer-
generated and other images involving no real children was ``overbroad 
and unconstitutional'' and that the law would prohibit visual 
depictions, such as movies, art or medical manuals, that have redeeming 
social value.
  The Court's decision left our children vulnerable, so I am pleased to 
support this legislation to strengthen the laws to go after those who 
would bring harm to our children. By carefully crafting this bill to 
narrowly define the terms and scope of the law, we have addressed the 
concerns raised by the Court and will provide lasting protection for 
our children against would-be pedophiles and exploiters. Because of the 
many important freedoms our constitution guarantees, it is a delicate 
exercise to prohibit even the most vile forms of expression. I believe 
we have achieved a balance in this bill of clearly defining that which 
we seek to ban, while protecting the freedom of speech that the 
constitution intends, and I am confident that this legislation will 
stand up to challenge.
  It is imperative that Congress act swiftly to restore the 
prohibitions in law that recognize this horrible use of technology for 
what it is: yet another way for pedophiles and molesters to exploit 
children. I urge my colleagues to join me in supporting this important 
legislation.

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