Another Appeals Court OKs Internet Ban for CP Defendant

WASHINGTON — Another federal appeals court has decided that an Internet ban is appropriate for defendants who possess or distribute child porn.

Last week’s ruling in U.S. vs. Love at the U.S. Circuit Court of Appeals in Washington, D.C., joins an emerging consensus among the circuits that a complete ban is necessary. The 2nd, 3rd, 5th and 8th Circuits previously have issued the same conditions for perpetrators.

Allen G. Love pled guilty to transporting or shipping material involving child pornography in violation of 18 U.S.C. §§ 2252A(a)(1) and 2256 (2006). On appeal, he challenges the district court's application of a sentencing enhancement, as well as some of the conditions of his supervised release.

But Love argued that the condition was overbroad in light of the widespread use, presence and need for the Internet in everyday life. His attorney, federal public defender Beverly Dyer, urged a more tailored condition that would ban only electronic communication involving prohibited sexual material, or, alternatively, would require the Probation Office to monitor his Internet use remotely.

But the court, in an opinion written by Judge Thomas Griffith, said the condition in this case was “eminently reasonable” and that the Internet ban was properly tailored to Love’s offense and background. Love not only distributed child pornography, said the court, but he also solicited sex with an undercover officer’s fictitious daughter.

“Consensus is emerging among our sister circuits that Internet bans, while perhaps unreasonably broad for defendants who possess or distribute child pornography, may be appropriate for those who use the Internet to ‘initiate or facilitate the victimization of children,’” Griffith wrote. “The distinction is grounded in the simple proposition that when a defendant has used the Internet to solicit sex with minors, `the hazard presented by recidivism’ is greater than when the defendant has traded child pornography.”

The panel noted the federal Probation Office will have discretion to tailor the prohibition to the technology in use when Love gets out of prison. Love received a sentence of sentence of 188 months’ imprisonment, followed by supervised release for life.

Joan Irvine, ASACP’s CEO, told XBIZ that children "need to be educated and monitored to insure they understand the dangers of predators online and know how to deal with the situation if they are approached."

She also said that long before the Internet, child predators continued to find ways to victimize children and that many companies have systems in place to guard against child porn distribution.

“Perhaps the Internet has made that easier, but MySpace and other social networks already have procedures in place to ban child predators,” she said. “The key to online child protection is making sure parents take an active role in their children’s Internet experiences.”

The case is U.S. vs. Love, No. 07-3140.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More