[FYI] (Fwd) FC: "Child modeling" bill would instead censor commercial photography

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Thu, 9 May 2002 10:25:11 -0400
From:           	Declan McCullagh <declan@well.com>
To:             	politech@politechbot.com
Subject:        	FC: "Child modeling" bill would instead censor commercial photography
Send reply to:  	declan@well.com

Text of the Foley-Lampson "child modeling" bill:
http://www.politechbot.com/docs/foley.child.exploitation.bill.050902.p
df

Rep. Foley's press release:
http://www.gop.gov/item-news.asp?N=20020507140831

---

http://www.wired.com/news/politics/0,1283,52379,00.html

   Too Broad a Ban on Child Models?
   By Declan McCullagh

   2:00 a.m. May 9, 2002 PDT
   WASHINGTON -- A new bill in Congress designed to outlaw child-sex
   websites would instead ban nearly all commercial photography of
   minors.

   Rep. Mark Foley (R-Florida) announced the proposal would ban
   websites featuring controversial images of nude preteen children.
   "These websites are nothing more than a fix for pedophiles," Foley
   said.

   He said there has been a disturbing increase of websites with names
   like "Sunny Lolitas," that show off prepubescent girls playing with
   stuffed animals or stretched out pin-up style against hot red
   backgrounds. His press release says pedophiles pay to see photos
   and video clips of the children in sexually suggestive poses.

   But -- whoops! -- that's not what his bill (PDF) actually covers.

   Five legal scholars contacted by Wired News said that Foley's
   proposal, cosponsored by Rep. Nick Lampson (D-Texas) and touted at
   a press conference on Monday, is so broadly written that it would
   imperil perfectly innocent photography and videography of children
   and teenagers.

   In addition to prohibiting commercial photography of anyone under
   17 years old, their bill would make it a federal felony for stock
   photo houses like Corbis or Getty Images to license images of
   minors from their catalogs -- a billion-dollar industry -- or for
   news photographers to sell images of minors.

   James Mitchell, associate general counsel for Corbis, said the
   Child Modeling Exploitation Prevention Act, or CMEPA, would
   "negatively impact the industry" and likely violates the First
   Amendment's guarantees of freedom of speech.

   [...]



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