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In This Issue
 
  • Incriminating Text
      by Mary Ann Ll. Reyes
  • Editorial
      by Michael Vernon M. Guerrero
  • The Legal Profession in the Digital Age
      by Justice Jose C. Vitug
  • Computerization of Courts
  • Modernization of the Courts
  • SC E-Library: Delivering Vital Legal Information Online
      by Ma. Cristina A. Ramos
  • Computer Forensics
      by Jhonelle S. Estrada
  • Legal Minutiae on E-Mails
      by Jaime N. Soriano
  • P2P: Pirate to Pirate Towards Actual Peer-To-Peer
      by Michael Vernon M. Guerrero
  • VoIP: To regulate or not to regulate
      by Mary Ann Ll. Reyes
  • Gambling Through SMS
      by Mary Ann Ll. Reyes
  • Jurisprudence in Cyberlaw: Globe Telecom vs. NTC
      by Mary Ann Ll. Reyes
  • Lexicon of Cyberlaw Terminologies
  • Jurisprudence in Cyberlaw: Metro-Goldwyn-Mayer Studios, Inc., et. al. vs. Grokster Ltr. and Sherman Networks Ltd.
      by Jhonelle S. Estrada
  • A descriptive study on Cybersex, Audio-Visual Sex Scandals, and Child Pronography: Prosecution under existing Philippine Laws, and Other proposals as a framework for future legislation
      by Ailyn L. Cortez, Carlyn Marie Bernadette C. Ocampo-Guerrero, Michael Vernon M. Guerrero, and Reynaldo M. Pijo
  • LegalWeb: www.sec.gov.ph: Making the public more secure
      by Ma. Cristina A. Ramos
  • IT Law Society-sponsored Lager Night Held
      by Peter Joseph L. Fauni
  • On IT Law Society Officers and Members
  • IT Law Journal Welcomes new Editor-in-Chief
 


Archives
 
  • Issue 2
  • Issue 1
 


Editorial Board
 
  • Atty. Jaime N. Soriano, CPA, MNSA; Chairman
 
  • Mary Ann Ll. Reyes; Editor-in-Chief
 
  • Ailyn L. Cortez
  • Jhonelle S. Estrada
  • Peter Joseph L. Fauni
  • Carlyn Marie Bernadette C. Ocampo-Guerrero
  • Michael Vernon M. Guerrero
  • Reynaldo M. Pijo
  • Ma. Cristina A. Ramos
  Contributors
 


IT Law Society Officers
 
  • Michael Vernon M. Guerrero, President
  • Jhonelle S. Estrada, Vice-President
  • Carlyn Marie Bernadette C. Ocampo-Guerrero, Secretary
  • Ailyn L. Cortez, Treasurer
  • Ma. Cristina A. Ramos, Head, Research and Seminar
  • Peter Joseph L. Fauni, Head, Publication
  • Aileen T. Forteza, Head, Advocacy
 

The Philippine IT Law Journal


A descriptive study on Cybersex, Audio-Visual Sex Scandals, and Child Pornography: Prosecution under existing Philippine Laws, and Other proposals as a framework for future legislation
by Ailyn L. Cortez, Carlyn Marie Bernadette C. Ocampo-Guerrero, Michael Vernon M. Guerrero, and Reynaldo M. Pijo


I. Understanding Pornography and an Overview of the Technology Available Today

I. Pornography vis-à-vis Obscenity

A. Pornography

Pornography is the depiction of erotic behavior intended to cause sexual excitement. [ 1 ] It is “the sexually explicit depiction of persons, in words or images, created with the primary, proximate aim, and reasonable hope, of eliciting significant sexual arousal on the part of the consumer of such materials.” [ 2 ] In legal parlance, pornography “refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.”[ 3 ] The 1986 Attorney General Commission on Pornography of the United States defined it as material that “is predominantly sexually explicit and intended primarily for the purpose of sexual arousal.” [ 4 ]

Soft-core pornography features naked or scantily clothed persons, focusing mainly on their breasts and genitalia but shows no sexual intercourse. Hard-core pornography includes various forms of sexual penetration, forced and unforced, between two or more people. [ 5 ] Hard core pornography is said to be “sexually explicit in the extreme, and devoid of any other apparent content or purpose.” [ 6 ]

B. Obscenity

Obscenity, on the other hand, is “such indecency as is calculated to promote the violation of the law and the general corruption of morals.” [ 7 ] The current legal definition of obscenity is found in the 1973 US Supreme Court case of Miller v. California, [ 8 ] cited in the Philippine Supreme Court case of Pita vs. Court of Appeals. [ 9 ] According to the Miller case, material is obscene if all three of the following conditions are met:

  1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interests.
     
  2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state (or federal) law, and
     
  3. The work taken as a whole, lacks serious, artistic, political or scientific value [ 10 ] .

The US Supreme Court ruled in the Miller case, which was adopted by the Philippine Supreme Court in the Pita case, that a legal definition of obscenity must meet the three-part test. It must be determined, “(1) whether the predominant theme or purpose of the material, when viewed as a whole and not part by part, and when considered in relation to the intended and probable recipients, is an appeal to the prurient interest of the average person of the community as a whole, or the prurient interest of members of a deviant sexual group, as the case may be”; (2) whether the given material “depicts or describes, in a patently offensive way, sexual conduct – e.g. ultimate sexual acts, normal or perverted, actual or simulated; masturbation; excretory functions; or lewd exhibition of the genitals – measured against contemporary community standards; i.e whether it so exceeds the generally accepted limits of candor as to be clearly offensive”; and (3) “whether the material, taken as a whole, lacks serious literary, artistic, political or scientific value.” [ 11 ] If it appeals, thus, to the prurient interest, is patently offensive, and lacks serious value (artistically, etc.) then the material is considered obscene and is illegal.

II. Pornography vis-à-vis Prostitution; History of Pornography

Prostitution – that is, “the practice of engaging in sexual activity, usually with individuals other than a spouse or friend, in exchange for immediate payment in money or other valuables” [ 12 ] , or in legal parlance, “any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration”[ 13 ] – has existed since time immemorial. Prostitution and pornography are intertwined inasmuch as pornography originally signified any artwork or literature depicting the life of prostitutes. Today, pornography includes erotic and sexually explicit imagery of ordinary persons, who may even be unaware that they are presented to the public in such a manner. Pornography has grown increasingly as a necessary offshoot of prostitution, in light of the increasing supply of cheap image capturing devices.

Pornography has existed for centuries, although imagery and literature of such nature were not seen to be worthy of preservation or transmission. Rare images surviving to the present are hand-drawn graphics originating from India and Japan. [ 14 ] Some literature which survived – although such are being argued to be artistic and not pornographic, depending on the community standard being applied – includes the Indian “Kama-Sutra” and the Greek treatise “The Art of Love” by Ovid, among others. With the advent of printing in 1452, pornography, existing in the fringes of legitimate publishing, proliferated to entertain as well as to arouse. The development of photography in 1827, through the individual efforts of Joseph Nicéphore Niépce and Louis Jacques Mandé Daguerre,[ 15 ] and the development of moving pictures in 1867, through the individual efforts of William Lincoln, Louis Lumière, and the Edison Brothers, [ 16 ] although not intended, contributed to the proliferation of pornography, as did the Internet, which grew out of the U.S. Defense Department program called ARPANET (Advanced Research Projects Agency Network) established in 1969.

III. Technology aiding the storage and transmission of pornography

Pornography exists in different media. Explicit images and image sequence may be stored in tangible and electronic forms.

A. Traditional media

Pornography in tangible or traditional media may be subcategorized as those printed in paper or other surface materials, and those captured in film. Those printed in paper includes photographs – either studio processed or polaroids [ 17 ] – besides usual pornographic publications. Those stored in film includes those stored in television and theatrical/cinema-grade films, such as the Super 16 (16mm) and the 35mm, respectively; film positives or slides; outmoded media such as Super 8 (8mm), [ 18 ] Betamax,[ 19 ] VHS, [ 20 ] and Compact VHS, [ 21 ] among others. Storage in these media, i.e. printed or in film, may be bulky, and the cost of production and distribution is average to high. The potency of distribution is also limited.

B. Modern Media

Pornography in electronic or modern media, on the other hand, may be subcategorized – although said media are identically binary [ 22 ] – according (1) to the class of storage device used, (2) to the class of consumer electronics used, or (3) to the multimedia format used.

1. Storage devices used [ 23 ]

Electronic documents, especially multimedia files, may be stored in disk storage,[ 24 ] magnetic bubble memory, [ 25 ] and flash memory [ 26 ] /memory card [ 27 ] or the solid-state semiconductor memory type. Disk storage may be classified further as optical disc [ 28 ] – which comes in various formats: CD-ROM, (through CD-R and CD-RW media, i.e. writeable and rewriteable, respectively),[ 29 ] DVD (through DVD-R, DVD-RW, DVD+R, DVD+RW, DVD-RAM media),[ 30 ] Blu-ray, [ 31 ] and Minidisc [ 32 ] – magnetic (or hard discs), [ 33 ] removable magnetic such as floppy [ 34 ] and zip discs,[ 35 ] and holographic. [ 36 ] Flash memory or memory cards are available through different manufacturers as CompactFlash I and II,[ 37 ] SONY Memory stick (Standard/Duo/Pro/MagicGate versions),[ 38 ] Secure Digital,[ 39 ] MMC,[ 40 ] SmartMedia,[ 41 ] xD,[ 42 ] or USB Keydrive [ 43 ] a.k.a. Thumb drive. Most multimedia files are stored in hard discs, optical discs, removable magnetic discs, and flash memory or memory cards. Physical distribution and transport of digital multimedia files are usually made using optical discs and flash memory or memory cards.

2. Consumer devices used

Storage of multimedia files is not isolated to computers, where data storage devices are widely used, whether desktop or portable (laptop or palmtop [ 44 ] ). Multimedia files are also presently stored in Multimedia Messaging System (MMS) [ 45 ] -enabled mobile telephones, [ 46 ] digital audio players [ 47 ] (DAP, sometimes also recorder), digital cameras and camcorders, digital recorders, [ 48 ] among other digital devices available in the market. Transmission of such multimedia files is a function no longer in the exclusive realm of computers. The ways to transfer multimedia files increase exponentially as new classes of digital devices are introduced in the market.

3. Non-physical transfer methods used

Multimedia files may be transferred from one computer to another, directly, through cables, radio, infrared, and other analogous means. Such files may be transferred through intermediary storage devices, such as optical discs, memory cards, and removable magnetic discs.

a. Electronic

Multimedia files may be transferred electronically through wires and cables. Earlier methods of connecting computers include parallel-to-parallel port cabling (for one-to-one connection) and Bayonet Neill-Concelman (BNC) [ 49 ] cabling (for Local Area Network [LAN]) [ 50 ] which are now passé, due to availability of cheaper computers and computer network peripherals such as hubs [ 51 ] and routers.[ 52 ] Current connections between computers are normally done through USB-to-USB [ 53 ] port link, and LAN connections using RJ45 (Registered Jack 45) jacks and cables. One LAN can be connected to other LANs, or one remote computer can be connected to one LAN, or one remote computer can be connected to another remote computer, over any distance via telephone lines and radio waves.[ 54 ] Multimedia files are transferred in an Intranet [ 55 ] through the use of shared folders in individual computers or allocated user folders in the file server. Similar files have been transferred from one remote computer to another, prior to and simultaneous to the widespread use of the Internet, through Bulletin Board Service (BBS).[ 56 ]

When a computer, or the LAN, is connected to the Internet, various methods may be utilized to transfer and retrieved multimedia files on the Internet or another peer’s computer. Different protocols may be used, such as HyperText Transfer Protocol (HTTP) [ 57 ] where the World Wide Web [ 58 ] is seen; Post Office Protocol version 3 (POP3) [ 59 ] or Internet Message Access Protocol (IMAP), [ 60 ] and Simple Mail Transfer Protocol (SMTP) [ 61 ] where email is received and sent, and File Transfer Protocol (FTP) [ 62 ] where large files may be sent to an online repository or an allocated user folder in a destination server, Discussion boards or Usenet,[ 63 ] among others. Multimedia files may be transferred from one computer user to another through Internet Relay Chat (IRC),[ 64 ] or through Instant Messaging.[ 65 ] Said files may be transferred by simultaneously connected computer users using peer-to-peer [ 66 ] software, such as Kazaa, eDonkey, GNUtella, and the like.

b. Radio waves

Wireless LAN (WLAN) uses radio waves as its carrier, although the network backbone remains to be supported by wires and cables. Apple Macintosh computers use the pioneering WLAN product called AirPort. [ 67 ] Apple and most Wi-Fi (Wireless Fidelity) device manufacturers follow IEEE 802.11 [ 68 ] WLAN standard, while a few follow the HomeRF [ 69 ] standard (2 Mbit/s, intended for home use). “Wired” LAN is preferred with desktop computers, while WLAN/Wi-Fi is preferred with mobile computers whether laptop or personal digital assistant (PDA). WLAN is more vulnerable to security breaches because it enables any person with a wireless-enabled computer or PDA to connect to the network, else the Internet, when in proximity of an access point called a hotspot, if not properly configured.

On the other hand, Bluetooth [ 70 ] provides a way to connect and exchange information between devices like personal digital assistants (PDAs), mobile phones, laptops, personal computers, printers and digital cameras via a secure, low-cost, globally available short range radio frequency, as long as they are within 10 metres or 32 feet of each other.[ 71 ] Bluetooth may be considered as wireless USB, contradistinguished with Wi-Fi, which may be considered as wireless Ethernet. [ 72 ] Bluetooth does not use any telecommunication network resources when files are transferred from one computer or any other device to a mobile phone, or vice versa, or from one mobile phone to another. Only when the mobile phone user/subscriber utilizes the phone company’s MMS service does he use telecommunication network resources for the transfer of the multimedia material to another mobile phone subscriber.

c. Infrared Radiation (IR) data transmission [ 73 ]

The use of infrared for data transfer was common between portable computers (laptops) and mobile phones, among others, prior to the popularity and affordability of Bluetooth and subsequent to the use of serial connections between the two (2) devices. Normally, the portable computer recognizes the mobile phone device as another computer connected to it. Integrity of connection, however, was a drawback to this kind of technology.

4. File formats used

Multimedia files come in different file formats, and may be subcategorized as pictures, video, and audio. Pictures are usually in JPEG,[ 74 ] GIF,[ 75 ] and BMP [ 76 ] formats, but may also be in PNG [ 77 ] and any other format. Videos are usually in AVI, [ 78 ] MPEG,[ 79 ] WMV,[ 80 ] and RM[ 81 ] formats. On the other hand, audio or sound clips are usually in MP3,[ 82 ] WAV,[ 83 ] WMA,[ 84 ] and RA [ 85 ] formats.

IV. Digital Pornography

A. Pornography in the Internet

The Internet has been called the network of networks. Over 9,400,000 host computers are linked worldwide of which 60% are estimated to be in the United States. It is further estimated that over 40 million people access the Internet around the world and that figure grew to 200 million in 1999. All Internet users have the ability to communicate with one another through various forums such as email, news groups, and information posted on the World Wide Web. Once material has been placed on the Internet, it is available to all other Internet users worldwide and cannot be prevented from entering any community [ 86 ].

1. Cyberporn / Non-Streaming Internet Pornography

With sex being indulged in more freely these days, it is not surprising that pornography, in a similar trend, becomes highly available in various media, especially Internet-connected personal computers. This trend is imminent inasmuch as the Internet has become a vast myriad of interconnected channels that provides man with a gateway to the world. In a relatively short time, the Internet’s impact and influence on people’s daily lives is immeasurable. There are elements or enclaves within it that have grown to become sources of consternation within the society. Among them is the pervasive availability of pornography or more commonly known Cyberporn. Cyberporn has been the most controversial topic arising from the use of the Internet in recent years and for years to come.

Cyberporn includes hardcore pictures and movies made available online. Sexually explicit images can be found on web pages (World Wide Web [WWW]) and in news groups (Usenet), and are far too easy for anyone of any age to view. Even live sex acts can be viewed by virtually anyone through the Internet, through web-cameras on online chat (Internet Relay Chat [IRC]). Explicit contents may also be transmitted through online messengers – such as Windows Messenger, Yahoo Messenger, and ICQ, among others – or through peer-to-peer (P2P) programs – such as Kazaa, among others. What was only available to a small number of people willing to drive to the bad side of town can now be viewed at any time in the privacy of one’s home. [ 88 ]

In a case conducted by Carnegie Mellon, entitled Marketing Pornography on the Information Superhighway,88 the researchers therein pulled together elaborate computer records of online activity, and found out that “during their 18- month study, Carnegie Mellon researchers found 917,410 sexually explicit pictures, descriptions, stories, and clips. On the Usenet newsgroups where these digitized images are stored, they found that 83.5% of the pictures were pornographic.” [ 89 ] They found individual consumers in at least 2000 cities, in all 50 states, and in 40 countries around the world; and found out that 98.9% of the consumers of porn are men, although women do participate in “chat” rooms and other bulletin boards. [ 90 ]

a. Through Bulletin Board Systems (BBS)

Nearly three fourths (71%) of the sexually explicit images surveyed originate from adult BBS attempting to lure customers to additional collections of cyberporn. There they can charge monthly fees and take credit card numbers for individual images. The five largest adult BBS systems have annual revenues in excess of $1 million. [ 91 ]

b. Through World Wide Web (WWW)

Cyberporn is largely available through the World Wide Web (WWW) pages. These range from pictures, short animated movies, short and full actual movies, to sound files and stories. Most premium adult WWW sites require proof of age and payment by credit card to access their materials. [ 92 ] Marketing webmasters for premium adult websites, however, provide samplings of adult materials in unsecured webpages – i.e. without age verification through credit card check – in their individual Thumbnail Gallery Posts (TGPs).

c. Through Usenet

There are more than 14,000 Usenet discussion groups all around the world but only around 200 groups are sex related, and some of these relate to serious and legitimate discussions, such as about homosexuality or sexual abuse. Still, sexually explicit forums are the most popular areas on computer online services. At one university, 13 of the 40 most frequently visited news groups had names like alt.sex.stories, rec.arts.erotica, and alt.sex.bondage. [ 93 ]

d. Through Internet Relay Chat (IRC)

The Internet, through Internet Relay Chat (IRC) and online messaging, makes it possible to discuss sex, see live sex acts, and arrange sexual activities from computer screens. Users therein may exchange messages and files in small groups or in private channels Like the Usenet discussion groups a small fraction of the IRC channels are dedicated to sex.

e. Peer-to-Peer (P2P)

This method of file sharing allows every individual running a peer-to-peer client or program to acquire sought multimedia files simultaneously and in fragments from different users, and share his own media without having the technical knowledge that would have been required in the older client-server model. Although copyrighted and adult materials are not allowed to be transmitted in peer-to-peer networks, according to the End-User License Agreements that comes with the software used as peer-to-peer clients, most users do not abide by the stipulation that prohibit such transmission.

2. Cybersex / Streaming Internet Pornography

Cyber sex, in its shortest and most explicit definition is, a combination of communication and masturbation. It is a selfish gratification of one’s sexual desires while sharing one’s most intimate thoughts and fantasies with someone else. It is nearly identical to phone sex, the only difference being the method of communication. As computer networks become ever more sophisticated and voice chat more common, even this distinction fades. The newest problem comes in the form of video conferencing, which adds visual images making the activity even more addictive [ 94 ].

Cyber sexual activity takes many forms. One might download explicit pictures, or explicit stories. One might partake in the exchange of racy, sexually suggestive e-mails. One might view sexually arousing videos which open up and play on one’s computer screen, which may be either pre-recorded or live. Webcams, cameras interfaced with a computer so that one might broadcasts live streaming images of oneself, are increasingly common in the use of cybersexual activity. Chat rooms, whether general or private, are as popular as ever and might often lead to masturbation, cybersex, phone sex, or actual meetings in the flesh [ 95 ].

Indeed, cybersex is a phenomenon that is neither receding nor going away by any stretch of the imagination. Cybersex is a growing phenomenon, with an all too rich and vibrant future.

B. Pornography in Optical Devices / VCD-DVD

The popularity and the adaptation of compact discs (CD-ROM) and digital versatile discs (DVD), as media for films and data storage, marked the demise of tape videos – such as those stored in Betamax and VHS – as media suitable for such content. The marked decrease in the price of CDs and DVDs allow the proliferation of contraband films, whether pirated Hollywood and Filipino movies or sexually-explicit X-rated movies whether foreign or Filipino. With pornography in VCDs fetching a price of mere twenty (PhP 20) pesos to fifty (PhP 50) pesos, it is not uncommon that porn purchasers would gravitate towards genre fixation or towards pursuing novel themes, some actively pursuing extreme perversions while others passively pursuing voyeurism or psuedo-voyeurism, a genre that would include the various sex scandal videos peddled nowadays.

C. Pornography in Mobile Phones / MMS Clips

As mobile phones are slowly being transformed into converged communication devices with capabilities similar to computers, contents normally prevalent in the Internet and in personal computers shift venue to mobile phones. The ease of converting ordinary pictures and movies in their original formats as MMS content likewise aid to the immediate shift of computer content to mobile phones. Further, the capability of mobile phones to access the Internet directly allows download of Internet content into the phone itself. Other services such as messaging and chatting, which may altogether swerve towards adult context, or if not towards solicitation, as practiced in the Internet can find a sizeable niche in the mobile phone market.

The problem does not stop with the conversion of Internet/computer content into MMS content but aggravates with instances of production of new content, using the built-in camera of more advanced mobile phones. It is thus easier to capture a sexual pose or act, with or without the subject(s)’ consent, by a click of a button. The mobile phone may also be used to capture images of prank sensual images known as upskirting and/or downblousing of anonymous persons in public places. Inasmuch as mobile phones are considered as indispensable accessory to most users, such phones can be easily taken in places where various stages of undressing is permitted, such as in disco-bars, pool areas, beaches, and spas; where images of a sinister context may be easily taken, if the management of such venues do not implement strict measures or parameters as to the use of such devices in said premises.

D. Child Pornography in any medium

The Optional Protocol on the Sale of Children, Child prostitution and Child pornography defines “child pornography” as any representation of a child engaged in real or simulated explicit sexual activities or of the sexual parts of a child for primarily sexual purposes. Child pornography is a visual recording of a crime being committed and the children who appear in such pictures are, at the time the picture is being taken, subjected to degrading, abusive and humiliating acts of a criminal nature. [ 96 ]

Although it is clear that sexually explicit poses or acts of children, below the usually accepted 18-year minimum age threshold, are considered largely as child porn, what altogether constitutes child pornography remains under debate. It is unclear whether photographs of naked children would ipso facto be considered as child pornography. It is unclear whether the child’s genitals require to be exposed before images may be considered as such. It is likewise unclear whether only images and movies may be only form of child pornography, or whether it includes sounds and texts as well. Further, it is unclear whether child nudity, which is imbued with artistic merit, would not be exempted from such class of pornography. Furthermore, it is unclear whether simulated child pornography – whether due to the convincing appearance of non-underage females to appear as if under 18, or whether the image is completely computer-generated without visual input taken from an actual child – is included also. The issue as to child pornography becomes further muddled on the definition of a child, in light of the varying age of consent in countries, such as the United Kingdom (16) and Japan (13). Unless a national law makes clear definitions and delineations, what constitutes child pornography would be varied according to various perceptions, different standards of morality, and unclear application in light of territoriality issues in International law.

In fact, various countries have different interpretation as to what constitutes child pornography. In the United States, child pornography is defined as visual depiction of minors engaged in a sex act – such as intercourse, oral sex, or masturbation as well as the lascivious depictions of the genitals, which do not require the genitals to be uncovered. [ 97 ] Federal and state laws differ whether mere nudity involving minors comes under the definition of child porn, or if it would necessarily qualifies as obscene. Prohibitions against simulated child pornography have been found to be unconstitutional in the United States – unlike in the United Kingdom, Germany and the Netherlands – for being overbroad. [ 98 ] In Canada, material that shows someone who is or is “depicted as being” under 18, and is engaged or “depicted as engaged” in explicit sexual activity, is classified as “child pornography”. Materials judged to have “artistic merit,” however, are excluded. On the other hand, a written text that advocates or counsels sex with a child is also included. In Germany, the definition does not differ from that of conventional pornography. Sound and text can also be considered pornography. In the United Kingdom, a “child pornography” image is an “indecent photograph of a child”; there is no specific requirement of sexual content, as nudity is sufficient for an image to be indecent. In Japan, child erotica [ 99 ] only became illegal in 1999 following the country’s passing of its Protecting Children Online law [ 100 ]

The degree of gravity, or hardness, of child pornography ranges from

“0. Clothed or portrait.

“1. Naked, but not posed. Many of these were nudist-type photographs. The children in these photographs gave no sign of being aware of the camera and were usually depicted engaged in other activities such as swimming or playing ping pong, etc.

“2. Naked and posing. The children here were looking at the camera or had adopted a self conscious pose.

“3. Naked with genital contact or contact with another body. These included photographs where a hand was in contact with the genitals, and photographs showing naked children hugging or kissing each other.

“4. Oral contact with sex organs.

“5. Penetration, either anal or vaginal.

“6. Bizarre. This last category contained material with a sadomasochistic character, urine sex, and photographs on which objects were introduced into the body orifices.” [ 101 ]

For obvious underage girls, levels 2 to 6 are manifest instances where child pornography exists. Level 1 provides the gray area on the debate whether such nudist-type photographs would constitute child porn. The inclusion of Level 0 as a degree of gravity of child pornography in itself is debatable, as some proponents distinguish between child pornography and prêt art. Pret Art (Pre-teen Art) or Lolita Art is an erotic form of art, in which clothed adolescent or pre-pubescent girls pose for photos or videos. [ 102 ] The fact that models in Pret Art are not nude and the poses are not overtly sexual or otherwise harmful provides a fertile ground for debate whether Pret Art itself encourages pedophilia or whether it only depicts attractive minors similar to mainstream entertainment.

Experts cite several reasons why individuals collect child pornography. These are:

“1. Arousal and gratification: Individuals use pornography to stimulate their sexual drive and to aid in sexual stimulation. Some may only fantasise and others may use it as a prelude to actual sexual activity with minors.

“2. Validation and justification of paedophile behaviour: The paedophile uses pornography to convince him/her self that their behaviour or obsession is not abnormal, but is shared by thousand of other sensitive, intelligent and caring people.

“3. To lower a child’s inhibitions: Child abusers use pictures of other children having sex to assist in the seduction of a child and encourage reluctant children to freely participate. Images are often used as a way to show a child what the offender wants the child victim to do. Pornography may be used under the guise of “sex education” to create sexual arousal in the child.

“4. Preservation of the child’s youth: Child pornography ensures that there will always be an image of the child at the age of sexual preference.

“5. Blackmail: Sexually explicit images are used to ensure the lifelong silence of the victimised child by threatening to show the pictures to parents, peers or others. Child victims will not always report pictorial records—even if they report sexual abuse—because they may be ashamed of what happened to them as well as of their participation in the pornography.

“6. A medium of exchange: Child pornography is used as a means of establishing trust and camaraderie with other paedophiles and molesters and as proof of their good intentions when establishing contact with other exploiters. It is a medium of communication with fellow exploiters in public and private sex markets.

“7. Access: Some exploiters exchange pornography to gain access to other markets and to other children.

“8. Profit: Although most do not sell child pornography, there are some paedophiles and child molesters who sell home-made videos and photos on a one-to-one basis. Some child exploiters sell their self-produced materials to finance trips overseas to popular sex tourist destinations. [ 103 ]

V. National attitude on pornography

The attitudes of various nationalities vary on the issue of pornography. Western countries have relaxed restrictions on pornography. The sanctity of the freedoms of speech and information in the United States, for one, appear to be paramount, and thus the Courts therein finds censorship a greater threat than pornography. [ 104 ] Other countries, such as the Philippines, largely relate pornography with obscenity, and thus continue to strictly regulate, if not totally prohibit, such practice. [ 105 ] Still, child pornography – or kiddie porn – is almost universally prohibited, and faces the disapproval of most members of society.

Child pornography exists due to production, distribution, and possession of materials relevant thereto. Laws in different countries differ on these matters. Production and sale of child pornography is generally illegal in most countries. Mere possession, however, is illegal in the United States, United Kingdom, and Netherlands. In contrast, downloading and possession of child pornography is not specifically prohibited in Russia. [ 106 ]

VI. Offenses instrumental and incidental to pornography

1. Sex Tourism

Sex tourism is “tourism, partially or fully for the purpose of having sex, often with prostitutes.” Legally, Sex Tourism “refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.”[ 107 ] Certain individuals seek sex in another country or region, possibly, due to (1) more relaxed morality laws, (2) less rigorous enforcement of laws, (3) cheaper rates, (4) more anonymity / privacy, (5) finding certain ethnic groups more attractive, (6) preferring the “work ethics” of foreign prostitutes to those of one’s own country, or (7) finding sex in tropical surroundings and a hot climate more arousing, among others. While most sex tourists only engage in this activity with other adults, a small percentage actively looks for adolescent or even younger prostitutes. [ 108 ]

2. Sexual Exploitation and Child Sexual Abuse

Sexual Exploitation “refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.”[ 109 ] Child sexual abuse denotes sexual abuse of or sexual activity with children. In addition to activities that would be considered sexual abuse between adults, it includes (1) sex between adults older than a predefined age of majority and children below a predefined age of consent (generally between 12 and 18 years), (2) acting as a pimp for child prostitution, (3) inducing a child to behave sexually in a performance, or to appear in child pornography, and (4) lewd action towards children, including disseminating pornography to a minor. [ 110 ]

Pedophilia, Ephebophilia, and Infantophilia involve Chronophilia, i.e. a paraphilia in which the paraphile’s sexuoerotic age is discordant with his or her actual chronological age and is concordant with the age of the partner. (1) Pedophilia, or pedosexuality, is the condition of people whose primary sexual attraction is toward prepubescent children; and it is often used informally to describe people attracted to adolescents, or to describe child sex offenders. (2) Ephebophilia, or hebephilia, is the condition of adults who are attracted to postpubescent adolescents; pederasty if toward male adolescents or lolita syndrome if toward female adolescents. [ 111 ] (3) Infantophilia, or nepiophilia, is the sexual attraction of adults to small children (0-5 years old), inasmuch as interest in a 10-year old and a 2-year old seem rather to be different preferences. [ 112 ]


[ NEXT: The Philippine Experience ]
[ NEXT: Prosecuting the Offenses ]
[ NEXT: Proposals ]


Endnotes

1. Prostitution. Britannica Concise Encyclopedia. Retrieved January 27, 2005 from Encyclopædia Britannica Premium Service. <http://www.britannica.com/ebc/article?tocId=9376014>.

2. Hogg, Charles. What is Pornography? Pornography and the Internet in the United States. Citing the definition of VanDeBeer, Donald. 1992. “Pornography.” Encyclopedia of Ethics. New York: Garland Publishing. <http://www.slais.ubc.ca/courses/libr500/fall1999/www_presentations/c_hogg/define.htm>

3. Section 3(k), Republic Act 9208. RA 9208 is entitled “An Act to Institute Policies to Eliminate Trafficking in Persons especially Women and Children, establishing the necessary institutional mechanism for the protection and support of trafficked persons, providing penalties for its violations, and for other purposes.” See the Philippine Laws and Jurisprudence Databank - The Lawphil Project. <http://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html>.

4. Anderson, Kerby. The Pornographic Plague. Probe Ministries. Citing the Final Report of the Attorney General’s Commission on Pornography, ed. Michael McManus (Nashville, Tenn.: Rutledge Hill Press, 1986), 8. <http://www.leaderu.com/orgs/probe/docs/pornplag.html>

5. Olson, Jeff. When A Man’s Eye Wanders. What is pornography? Retrieved 10 February 2005 from RBC Ministries. <http://www.gospelcom.net/rbc/ds/cb991/page1.html>

6. Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4.

7. Legal Definition of Obscene, Obscenity. Retrieved 10 February 2005 from The Lectric Law Library’s Lexicon <http://www.lectlaw.com/def2/o002.htm>

8. See the case of Miller vs. California, decided by the Supreme Court of the United States (413 U.S. 15). See FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code. <http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=413&invol=15>

9. See the case of Pita vs. Court of Appeals, decided by the Philippine Supreme Court (GR 80806, 5 October 1989.) See the Philippine Laws and Jurisprudence Databank - The Lawphil Project <http://www.lawphil.net/judjuris/juri1989/oct1989/gr_80806_1989.html>

10. Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4.

11. Legal Definition of Obscene, Obscenity. Supra, see note 7.

12. Pornography. Britannica Concise Encyclopedia. Retrieved January 27, 2005 from Encyclopædia Britannica Premium Service. <http://www.britannica.com/ebc/article?tocId=9375674>.

13. Section 3(c), RA 9208. Supra, see note 3.

14. Samples of Japanese and Indian erotic art may be found in the following websites: Kama Sutra. Rotten dot com: An archive of disturbing illustration. <http://www.rotten.com/library/sex/kama-sutra/>, Semans, Anne. Your Guide to Sexuality. Sexuality: The Kama Sutra; A Peek Inside the Classic Pillow Book. About Inc. <http://sexuality.about.com/cs/sexualtechnique/a/kamasutra.htm>, Strom, Leslie. Sex Manuals in Relationship Hell. Get Lost Magazine .Com <http://www.getlostmagazine.com/reviews/1999/9904relbooks/eroticbooks.html>, and The Art of Loving. Shunga - Japanese Erotic Art. <http://www.theartofloving.ca/art.asp>

15. Bellis, Mary. “History of Photography and the Camera - Pinhole Camera to Daguerreotype.” Retrieved January 27, 2005 from About, Inc. <http://inventors.about.com/library/inventors/blphotography.htm>

16. Bellis, Mary. “The History of the Motion Picture.” Retrieved January 27, 2005 from About, Inc. <http://inventors.about.com/library/inventors/blmotionpictures.htm>

17. Polaroid® (a trademark of the Polaroid Corporation) is “the name of a type of synthetic plastic sheet which is used to polarise light,” while a Polaroid camera is “a type of camera with self-developing film usually called an ‘instant camera’. The invention of modern instant cameras is generally credited to American scientist Edwin Land, who unveiled the first commercial instant camera, the Land Camera, in 1947, 10 years after founding the Polaroid Corporation.” (Polaroid, and Polaroid Camera. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Polaroid> and <http://en.wikipedia.org/wiki/Polaroid_camera>,respectively)

18. Super 8mm film is “a motion picture film format that was developed in the 1960s and released on the market in 1965 by Eastman Kodak as an improvement of the older 8mm home movie format.” (Super 8mm film. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/Super_8mm_film>) Super 8 quickly became the accepted amateur and home movie standard and would remain so until the advent of the home video camera.” (Retrieved 10 February 2005 from Joey Brunton’s website. Super 8 – History. < http://members.tripod.com/~bruntonj/history.html>)

19. Sony’s “Betamax” is the 12.7 mm (0.5 inch) home videocassette tape recording format derived from the earlier, professional 19.1 mm (0.75 inch) U-matic video cassette format. (Betamax. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Betamax>)

20. The Video Home System, better known by its acronym VHS, is a recording and playing standard for video cassette recorders (VCRs), developed by JVC and launched in 1976. VHS officially stands for Video Home System, but it initially stood for Vertical Helical Scan, after the relative head/tape scan technique. Several improved versions of VHS exist, most notably S-VHS, an improved analog standard, and D-VHS, which records digital video onto a VHS form factor tape. (VHS. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/VHS>)

21. VHS-C (C for compact) is used in some camcorders. Since VHS-C tapes are based on the same magnetic tape as full size tapes, they can be played back in standard VHS players using an adapter. (VHS. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/VHS>)

22. Binary, in mathematics, is “Base two; i.e. a number representation consisting of zeros and ones used by practically all computers because of its ease of implementation using digital electronics and Boolean algebra.” (Binary -definition by Dict.die.net <http://dict.die.net/binary/>, citing the definition by the Free On-line Dictionary of Computing (10 October 2003). <http://wombat.doc.ic.ac.uk/foldoc/>)

23. Sample images of Memory Cards may be found at the following websites/webpages: (1) Secure Digital Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Secure_Digital_Card>; (2) Memory stick, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Memory_stick>; Multi Media Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Multi_Media_Card>; Flash Memory Card - CompactFlash. Retrived 10 February 2005 from Lexar Media Inc. http://www.lexar.com/digfilm/compact_flash.html>; Keydrive, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/ http://en.wikipedia.org/wiki/Keydrive>; XD-Picture Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/XD-Picture_Card>; SmartMedia, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/SmartMedia>. A note of memory cards, as a subset of data storage devices, was necessary as memory sticks were used in the physical transport of child pornography in the Datan case in November 2004; an overview of what transpired is available in the next chapter “Philippine Experience” under the heading “Child Pornography.”

24. Disk storage is “a group of data storage mechanisms for computers; data is transferred to planar surfaces or disks for temporary or permanent storage.” (Disk storage. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Disk_storage>)

25. Bubble memory is “a type of computer memory that uses a thin film of a magnetic material to hold small magnetized areas, known as bubbles, which each store one bit of data. Bubble memory was a very promising technology in the 1970s, but flopped commercially when hard disks came to proliferate in the 80s.” (Magnetic Bubble Memory. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Magnetic_bubble_memory>)

26. An EEPROM (E²PROM or Electrically-Erasable Programmable Read-Only Memory), is “a non-volatile storage chip used in computers and other devices. Unlike an EPROM, an EEPROM can be programmed and erased multiple times electrically. It may be erased and reprogrammed only a certain number of times, ranging from 100,000 to 1,000,000, but it can be read an unlimited number of times. Flash memory is a later form of EEPROM.” (EEPROM. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/EEPROM>)

27. Memory cards are “solid-state electronic flash memory data storage devices used with digital cameras, handheld and laptop computers, phones, music players, video game consoles and other electronics. They offer re-recordability, power-free storage, small form factor and rugged environmental specifications.” (Memory Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Memory_card>)

28. An optical disc, in computing, sound reproduction, and video, “is a flat, circular, usually polycarbonate disc whereon data is stored. This data is generally accessed when a special material on the disc (often aluminum) is illuminated with a laser diode. The information on an optical disc is stored sequentially on a continuous spiral track from the innermost track and outwardmost track.” (Optical Disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Optical_disc>)

29. The CD-ROM (“Compact Disc Read-Only Memory” (ROM)) is “a non-volatile optical data storage medium using the same physical format as audio compact discs, readable by a computer with a CD-ROM drive. A CD-ROM is a flat, plastic disc with digital information encoded on it in a spiral from the center to the limit, the outside edge.” A CD-R (Compact Disc-Recordable) is “a thin (1.2 mm) disc made of polycarbonate with a 120 mm or 80 mm diameter that is mainly used to store music or data. Unlike conventional CD media, a CD-R has a core of dye instead of metal.” Compact Disc Rewritable, or CD-RW, is “a rewritable version of CD-ROM. Whereas standard prerecorded compact discs have their information permanently stamped into an aluminium reflecting layer, CD-RW discs have a phase-change recording layer and an additional aluminium reflecting layer.” (CD-ROM, CD-R, and CD-RW. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/CD-ROM, http://en.wikipedia.org/wiki/CD-R, and http://en.wikipedia.org/wiki/CD-RW, respectively.)

30. DVD is “an optical disc storage media format that is used for playback of movies with high video and sound quality and for storing data. DVDs are similar in appearance to compact discs. The DVD format was a result of the unity of two high density optical storage standards in development; one was the Multimedia Compact Disc (MMCD), backed by Philips and Sony, and the other was the Super Disc (SD), supported by Toshiba, Time-Warner, Matsushita Electric, Hitachi, Mitsubishi Electric, Pioneer, Thomson and JVC. The official DVD specification was initially released in September 1996 and is maintained by the DVD Forum, formerly the DVD Consortium. ‘DVD’ was originally an initialism for ‘digital video disc’; some members of the DVD Forum believe that it should stand for ‘digital versatile disc’, to indicate its potential for non-video applications.” A DVD-R (properly pronounced as DVD R or DVD Dash R, not DVD Minus R) is “an optical disc with a larger storage capacity than a CD-R, typically 4.7 GB (4.4 GiB) instead of 700 MB, although the original capacity of the standard was 3.95 GB. A DVD-R can be written to only once, whereas a DVD-RW is rewritable.” The DVD-R and the DVD-RW formats wer developed by Pioneer in autumn of 1997 and November 1999, respectively . DVD-R and DVD-RW are supported by over 90% and 75% of today’s DVD players, respectively, and both are approved by the DVD Forum. A competing format is DVD+R (also DVD+RW for the rewritables). The DVD+R and the DVD+RW formats were developed by a coalition of corporations, known as the DVD+RW Alliance (which include Philips), in mid 2002 and late 1997, respectively. Although both DVD+R and DVD+RW have not yet been approved by the DVD Forum, DVD+R and DVD+RW discs are playable in 87%-95%, and 3/4 of today’s DVD players, respectively. Hybrid drives that can handle both formats, often labeled DVD±R are very popular since there is no universal standard yet for recordable DVDs. All DVD discs are composed of two 0.6 mm thick polycarbonate discs, bonded with an adhesive to each other. One contains the guiding groove and is coated with the recording dye and aluminum reflector. The other one (for single-sided discs) is an ungrooved, uncoated “dummy” disc to assure mechanical stability of the sandwich structure, and compatibility with the compact disc standard geometry which requires a total disc thickness of about 1.2 mm. Double-sided discs have two grooved, recordable disc sides, and require the user to flip the disc to access the other side (unless a dual-pickup drive is used). (DVD, DVD-R, DVD-RW, DVD+R, DVD+RW. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/DVD, http://en.wikipedia.org/wiki/DVD-R, http://en.wikipedia.org/wiki/DVD-RW, http://en.wikipedia.org/wiki/DVD_plus_R, and http://en.wikipedia.org/wiki/DVD_plus_RW, respectively.)

DVD-RAM (Digital Versatile Disc –- Random Access Memory) is “a disc specification presented in 1996 by the DVD Forum, which specifies rewritable DVD-RAM media and the appropriate DVD writers. DVD-RAM media are used in computers as well as camcorders and personal video recorders since 1998. Compared with other DVDs, DVD-RAM is much more similar to a harddisk, as it has concentric tracks instead of one long spiral track. Unlike the competing formats DVD+R, DVD-R, DVD+RW and DVD-RW, you do not need special DVD burning software to write or read DVD-RAMs on a computer. DVD-RAMs can be accessed like a usual floppy disk or hard drive.” (DVD-RAM. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/DVD-RAM>)

31. Blu-ray Disc is “a next-generation optical disc format jointly developed by a group of leading consumer electronics and PC companies called the Blu-ray Disc Association (BDA), which succeeds the Blu-ray Disc Founders (BDF). Because it uses blue lasers, which have shorter wavelengths than traditional red lasers, it can store substantially more data in the same amount of physical space as previous technologies such as DVD and CD. One single-layer Blu-ray Disc can hold about 25GB or almost four hours of HDTV audio and video, and the dual-layer disc can hold approximately 50GB. The data transfer rate is 36Mbps, but 2x speed prototypes with a 72Mbps transfer rate are now in development.” (Blu-ray disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/Blu-ray_disk>)

32. A MiniDisc (MD) is a “disc-based data storage device for storing any kind of data, usually audio. The technology was introduced in 1992. Along with Philips’ Digital Compact Cassette (DCC) system, MiniDisc was targeted as a replacement for analog cassette tapes as the recording system for Hi-Fi equipment. What became a very brief format war ended when DCC was phased out in 1996. MD Data, a version for storing computer data was announced by Sony in 1993, but it never gained significant ground, so today MDs are used primarily for audio storage.” (Minidisc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Minidisc>)

33. A hard disk (or “hard disc” or “hard drive” or “hard disk drive”) is “a computer storage device, that uses rigid rotating platters. It stores and retrieves digital data from a planar magnetic surface. Information is written to the disk by transmitting an electromagnetic flux through an antenna or write head that is very close to a magnetic material, which in turn changes its polarization due to the flux. The information can be read back in a reverse manner, as the magnetic fields cause electrical change in the coil or read head that passes over it.” (Hard Disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Hard_disk>)

34. A floppy disk is “a data storage device that comprises a circular piece of thin, flexible (hence “floppy”) magnetic storage medium encased in a square or rectangular plastic wallet. Floppy disks are read and written by a floppy disk drive or FDD.” (Floppy disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Floppy_disk>)

35. The Zip drive is “a removable disk storage system, introduced by the Iomega company in late 1994.” In the Zip system, “a set of read/write heads mounted on a linear actuator flies over a rapidly spinning floppy disk mounted in a sturdy cartridge, and a simplified drive design that reduced its overall cost. This resulted in a disk that has all of the 3.5” floppy’s convenience, but holds much more data, with performance that is much quicker than a standard floppy drive.” (Zip drive. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/Zip_drive>)

36. Holographic storage uses two laser beams, a reference and a data beam to create an interference pattern at a medium where the two beams intersect. This intersection causes a stable physical or chemical change which is stored in the medium. This is the write sequence. During reading, the action of the reference beam and the stored interference pattern in the medium recreates this data beam which may be sensed by a detector array. The medium may be a rotating disk containing a polymeric material, or an optically sensitive single crystal. Since it involves no moving parts, holographic data storage will be far more reliable than existing hard disk technologies. IBM has already demonstrated the possibility of holding 1GB of data in a crystal the size of a sugar cube and of data access rates of one trillion bits per second. (Holographic Data Storage System (HDSS). Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/HDSS>)

37. CompactFlash (CF) was originally a type of data storage device, used in portable electronic devices. As a storage device, it typically uses flash memory in a standardized enclosure, and was first specified and produced by SanDisk Corporation in 1994. CF devices are used in handheld and laptop computers (which may or may not take larger form-factor cards), digital cameras, and a wide variety of other devices, including desktop computers. As of 2004, CompactFlash cards are available in capacities from about 8 megabytes to about 8 gigabytes. (CompactFlash. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/CompactFlash>)

38. Memory Stick is “a format for removable flash memory data storage devices, created by Sony in October 1998 as an alternative to CompactFlash, Secure Digital, Multi Media Card, and SmartMedia for use in their own devices. While Sony uses the format almost exclusively, it has not proved popular with other manufacturers. Poor sales and adoption have forced Sony to license the technology to other makers, leading to a small drop in prices. The original Memory Stick interface could only address 128 MB of memory physically due to design flaws. This led to the introduction of Memory Stick PRO variant with faster transfer speeds and a capacity of 256 MB and higher. Sony is slowly phasing out the old purple and white Memory Sticks, replacing them with comparable technology based on the MS PRO specs.” (Memory stick. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Memory_stick>)

39. Secure Digital (or SD), is “a flash memory data storage device based on Toshiba’s earlier Multi Media Cards (MMC). Measuring 32mm by 24mm by 2.1mm, SD is slightly thicker, and includes features that allow the secure exchange of data, enabling usage restrictions such as copyright protection. As of October 2004, SD is the most popular flash memory format, having overtaken the older and larger Compact Flash. PDA devices such as Pocket PCs and Palm-powered devices frequently feature SD slots. PalmOne, HP, Dell, Toshiba, and other PDA manufacturers have made SD a standard on all of their PDAs. SD is fairly well supported in the digital camera industry as well, used in all Kodak cameras. A smaller version of the SD card has been developed. The miniSD card measures 21.5mm by 20mm by 1.4mm and is backward-compatible with the SD card via an adapter. Currently available capacities (as of December 2004) range up to 512 MB. It can be use with Kodak Easyshare and similar SD compatible cameras.” (Secure Digital Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Secure_Digital_Card>)

40. A Multi Media Card (MMC) is a solid state disk or flash memory data storage device. It is based on Toshiba’s NAND-based flash memory, and is therefore much smaller than earlier systems based on Intel NOR-based memory such as Compact Flash. MMC is about the size of a postage stamp: 24mm x 32mm x 1.5mm. MMC is a popular storage medium for very small electronic devices, like mobile phones, PDAs and digital audio players (MP3 players). It comes in 16MB, 32MB, 64MB, 128MB, 256MB, 512MB, and 1GB sizes as of 2004. Most of the Nokia smartphones in 2004 use a smaller version of MMC cards called Reduced Size MMC, or RS-MMC. They are half the height of a normal MMC card: 24mm x 16mm x 1.5mm.” (Multi Media Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Multi_Media_Card>)

41. SmartMedia is “a trademark of Toshiba Corp. for flash memory. SmartMedia cards provide mobile data storage in a small interchangeable format. Originally named Solid State Floppy Disk Card (SSFDC), a SmartMedia card consists of a single NAND flash EEPROM chip embedded in a thin plastic card. It can be used for storage in many digital systems including PDAs, Olympus digital cameras, pagers and MP3 digital music players. SmartMedia cards are limited to 128MB. The format has been superseded by the smaller and higher capacity XD-Picture Card format. Nevertheless, major manufacturers continue to produce SmartMedia cards as of 2004 due to the large number of users.” (SmartMedia. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/SmartMedia>)

42. xD-Picture Card is “a format of flash memory data storage device developed and introduced to the market in July 2002 by Olympus and Fujifilm, and manufactured by the Toshiba Corporation. xD cards are designed for the digital photography market, and are an alternative to and competitor of formats such as Compact Flash (CF), Sony Memory Sticks, and microdrives. xD-Picture Cards are available in a range of sizes, from 16 MB to 512 MB. Fujifilm’s marketing department note that the name “xD-Picture Card” was inspired by the phrase “eXtreme Digital”. (XD-Picture Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/XD-Picture_Card>)

43. A keydrive is “a small removable data storage device that uses flash memory and a USB connector. Keydrives are also known as keychain drive, pen drive, pocket drive, thumb drive, jump drive, USB flash drive, USB flash memory drive, USB key, USB memory key, USB stick, Piripicho (primarily in Spanish), and Kikinou (primarily in French) Keydrives are typically small, lightweight devices, around 50 mm long and weighing only around 100 grams. A keydrive consists of a small printed circuit board encased with a robust plastic casing, making the drive sturdy enough to be carried around in a pocket, as a keyfob, or on a lanyard around the owner’s neck. Only the USB connector protrudes from this plastic protection, and this is often covered by a removable plastic cap. Keydrives are active only when powered by a connection to a computer, and require no external power source or battery power when not in use.” (Keydrive. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/ http://en.wikipedia.org/wiki/Keydrive>)

44. Personal digital assistants (PDAs or palmtops) are “handheld devices that were originally designed as personal organizers, but became much more versatile over the years. A basic PDA usually includes a clock, date book, address book, task list, memo pad and a simple calculator. One major advantage of using PDAs is their ability to synchronize data with desktop, notebook and desknote computers.” (Personal Digital Assistant. Wikipedia, the free encyclopedia. Retrieved 16 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/ Personal_digital_assistant>)

45. Multimedia Messaging System (MMS) is “the logical evolution of the Short Message Service (SMS), a text-only messaging system for mobile networks. MMS-enabled mobile phones enable subscribers to compose and send messages with one or more multimedia (digital photos, audio, video) parts. Mobile phones with built-in or attached cameras, or with built-in MP3 players are very likely to also have an MMS messaging client — a software program that interacts with the mobile subscriber to compose, address, send, receive, and view MMS messages.” (Multimedia Messaging System. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Multimedia_Messaging_System>)

46. Certain MMS-enabled mobile phones have palmtop capabilities – the so-called converged mobile devices – such as Sony Ericsson’s P910 series, P802, and R380 series phone models, among others; and Nokia’s 9500 Communicator, 9300, and 9210i Communicator phone models, among others. Nokia claims to have adopted the Series 60 platform, away from the conventional palmtop technology. Nokia claims that Series 60 is a feature rich software platform for smartphones with advanced data capabilities, inasmuch as the platform has a ready-made user interface that can be adapted to suit different needs, and a rich set of applications, and a common user interface components and development tools for implementing new applications. Nokia implemented Series 60 in its 7710, 6681, 6680, 6670, and 6630 Smartphone models, among others, and licensed it to other phone manufacturers such as LG Electronics, Lenovo, Panasonic, Samsung, Sendo and Siemens. Sony Ericcson’s and Nokia’s websites are available as http://www. sonyericsson.com, and http://www.nokia.com, respectively.

47. A digital audio player (DAP) is “a device that stores, organizes and plays digital music files. It is more commonly referred to as an MP3 player (because of that format’s ubiquity), but DAPs often play many additional file formats. Some formats are proprietary, such as MP3, Windows Media Audio (WMA), and Advanced Audio Codec (AAC). Some of these formats also may incorporate digital rights management (DRM), such as WMA DRM, which are often part of paid download sites. Other formats are patent-free or otherwise open, such as Vorbis, FLAC, and Speex (all part of the Ogg open multimedia project).” One of the most popular models was Diamond Multimedia’s PMP300 introduced in 1998, which popularized DAPs. The current market leader is Apple’s iPod. Other models include those of Dell (Digital Jukebox), Creative (Nomad/Zen), and IRiver. (Digital Audio Player. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Digital_audio_player>)

48. The personal video recorder (PVR), also called digital video recorder (DVR), is a consumer electronics device that records television shows to a hard disk in digital format. Many models are now also offering the facility to record onto DVDs.” This makes the “time shifting” feature much more convenient, and also allows for “trick modes” such as pausing live TV, instant replay of interesting scenes, and skipping advertising. Most PVR recorders use the MPEG format for encoding analog video signals. The most popular PVRs on the market are the TiVo and DNNA’s ReplayTV, although most home electronics manufacturers – such as Panasonic, Philips, Pioneer, and Samsung – now offer models. Many satellite and cable companies are incorporating PVR functions into their set-top boxes. (Personal Video Recorder. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Personal_video_recorder>) TiVo and DNNA’s ReplayTV websites are available as http://www.tivo.com and http://www.replaytv.com, respectively.

49. Bayonet Neill-Concelman is “a type of RF connector used for terminating coaxial cable. The BNC connector is one of a larger class of “bayonet connectors”, named after the resemblance to the standard twist-on attachment for a bayonet. It was commonly used on 10base2 thin Ethernet networks, both on cable interconnections and network cards.” (BNC Connector. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/BNC_connector>)

50. A local area network is “a computer network that spans a relatively small area. Most LANs are confined to a single building or group of buildings. Most LANs connect workstations and personal computers. Each node (individual computer ) in a LAN has its own CPU with which it executes programs, but it also is able to access data and devices anywhere on the LAN. This means that many users can share expensive devices, such as laser printers, as well as data. There are many different types of LANs Ethernets being the most common for PCs. Most Apple Macintosh networks are based on Apple’s AppleTalk network system, which is built into Macintosh computers.” (What is local-area network? - A Word Definition From the Webopedia Computer Dictionary. A word definition from the Webopedia Computer Dictionary. Retrieved 10 February 2005. http://www.webopedia.com/TERM/l/local_area_network_LAN.html. www.webopedia.com. Copyright, 2004 Jupitermedia. All rights reserved.)

51. In general, a hub is a centre point; and specifically in computing, a hub is “a computer networking device that connects multiple Ethernet segments together making them act as a single segment. When using a hub, every attached device shares the same broadcast domain and the same collision domain. Therefore, only one computer connected to the hub is able to transmit at a time. Depending on the network topology, the hub provides a basic level 1 OSI model connection among the network objects (workstations, servers, etc). It provides bandwidth which is shared among all the objects, compared to switches, which provide a dedicated connection between individual nodes.” (Hub. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Hub>)

52. A router is “a computer networking device that forwards data packets toward their destinations through a process known as routing. Routing occurs at layer 3 of the OSI seven-layer model. Routing is most commonly associated with the Internet Protocol, although other less-popular routed protocols remain in use. In recent times many routing functions have been added to LAN switches, creating “Layer 2/3 Switches” which route traffic at near wire speed. Routers are also now being implemented as Internet gateways, primarily for small networks like those used in homes and small offices. This application is mainly where the Internet connection is an always-on broadband connection like cable modem or DSL. These are not “routers” in the true sense, but the terminology has been confused with network address translation.” (Router. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Router>)

53. Universal Serial Bus (USB) provides a serial bus standard for connecting devices, usually to a computer, but it also is in use on other devices such as set-top boxes, game consoles and PDAs. A USB system has an asymmetric design, consisting of a host controller and multiple devices connected in a tree-like fashion using special hub devices. There is a limit of 5 levels of branching hubs per controller. Up to 127 devices may be connected to a single host controller, but the count must include the hub devices as well. A modern computer likely has several host controllers so the total useful number of connected devices is beyond what could reasonably be connected to a single computer. There is no need for a terminator on any USB bus, as there is for SCSI and some others. USB can connect peripherals such as mice, keyboards, scanners, digital cameras, printers, hard disks, and networking components. For multimedia devices such as scanners and digital cameras, USB has become the standard connection method. For printers, USB has also grown in popularity and started displacing parallel ports because USB makes it simple to add more than one printer to a computer. As of 2004 there were about 1 billion USB devices in the world. (Universal serial bus. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Universal_serial_bus>)

54. A system of LANs connected in such a manner is called a wide-area network (WAN). (What is local-area network? - A Word Definition From the Webopedia Computer Dictionary. A word definition from the Webopedia Computer Dictionary. Retrieved 10 February 2005. http://www.webopedia.com/TERM/l/local_area_network_LAN.html. www.webopedia.com. Copyright, 2004 Jupitermedia. All rights reserved.)

55. An intranet is “a local area network (LAN) used internally in an organization that is sometimes access restricted. Sometimes the term refers only to the most visible service, the internal web site. The same concepts and technologies of the Internet such as clients and servers running on the Internet protocol suite are used to build an intranet. HTTP and other internet protocols are commonly used as well, especially FTP and email. There is often an attempt to use internet technologies to provide new interfaces with corporate ‘legacy’ data and information systems. There does not necessarily have to be any access from the organisations’s internal network to the internet itself. Where there is, there will be a firewall with a gateway through which all access takes place. (Intranet. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Internet_Relay_Chat>)

56. A bulletin board system (BBS) is a “computer system running software that allows users to dial into the system over a phone line and, using a terminal program, perform functions such as downloading software and data, uploading data, reading news, and exchanging messages with other users.” It was the precursor to the modern form of the World Wide Web (WWW) and other aspects of the Internet, and was popular from the late 1970s to the late 1990s. (Bulletin Board System. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/Bulletin_board_system>)

57. HTTP (for HyperText Transfer Protocol) is “the primary method used to convey information on the World Wide Web. The original purpose was to provide a way to publish and receive HTML pages. Development of HTTP was co-ordinated by the World Wide Web Consortium and working groups of the Internet Engineering Task Force, culminating in the publication of a series of RFCs, most notably RFC 2616, which defines HTTP/1.1, the version of HTTP in common use today. HTTP differs from other TCP-based protocols, in that connections are usually terminated once a particular request (or related series of requests) has been completed. This design makes HTTP ideal for the World Wide Web, where pages regularly link to pages on other servers.” (HTTP. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/HTTP>)

58. The World Wide Web (“WWW”, or simply “Web”) is “an information space in which the items of interest, referred to as resources, are identified by global identifiers called Uniform Resource Identifiers (URI, the superset of the more commonly-known Uniform Resource Locator [URL] used for website addressing).” The Web is made up of three standards: The Uniform Resource Locator (URL), which specifies how each page of information is given a unique “address” at which it can be found; Hyper Text Transfer Protocol (HTTP), which specifies how the browser and server send the information to each other, and Hyper Text Markup Language (HTML), a method of encoding the information so it can be displayed on a variety of devices. (World Wide Web. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/World_wide_web>)

59. Post Office Protocol version 3 (POP3) is an application layer Internet standard protocol used to retrieve email from a remote server to a local client over a TCP/IP connection. Nearly all individual Internet service provider email accounts are accessed via POP3. POP3 and its predecessors are designed to allow end users with intermittent connections such as dial-up connections to retrieve email when connected, and then to view and manipulate the retrieved messages without needing to stay connected. Although most clients have an option to leave mail on server, email clients using POP3 generally connect, retrieve all messages, store them on the user’s PC as new messages, delete them from the server, and then disconnect. In contrast, the newer, more capable IMAP email retrieval protocol supports both connected and disconnected modes of operation. Email clients using IMAP generally leave messages on the server until the user explicitly deletes them. (Post Office Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Post_Office_Protocol>)

60. The Internet Message Access Protocol (commonly known as IMAP, and previously called Interactive Mail Access Protocol) is an application layer Internet protocol used for accessing email on a remote server from a local client. IMAP and POP3 (Post Office Protocol version 3) are the two most prevalent Internet standard protocols for email retrieval. Both are supported by virtually all modern email clients and servers, although in some cases in addition to vendor-specific, typically proprietary, interfaces. (Internet Message Access Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Internet_Message_Access_Protocol>)

61. Simple Mail Transfer Protocol (SMTP) is the de facto standard for email transmission across the Internet. SMTP is a relatively simple, text-based protocol, where one or more recipients of a message are specified (and in most cases verified to exist) and then the message text is transferred. Since this protocol started out as purely ASCII text-based, it did not deal well with binary files. Standards such as MIME were developed to encode binary files for transfer through SMTP. Today, most SMTP servers support the 8BITMIME extension, permitting binary files to be transmitted almost as easily as plain text. (Simple Mail Transfer Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Simple_Mail_Transfer_Protocol>)

62. The File Transfer Protocol (FTP) is “a software standard for transferring computer files between machines with widely different operating systems. It belongs to the application layer of the Internet protocol suite. FTP is an 8-bit client-server protocol, capable of handling any type of file without further processing, such as MIME or Uuencode. However, FTP has extremely high latency; that is, the time between beginning the request and starting to receive the required data can be quite long, and a sometimes-lengthy login procedure is required.” (File Transfer Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/File_transfer_protocol>)

63. Usenet is “a distributed Internet discussion system that evolved from a general purpose UUCP (Unix to Unix Copy Protocol) network of the same name. Users read and post e-mail-like messages (“articles”) to a number of distributed newsgroups, categories that resemble bulletin board systems in most respects. Newsgroups are often arranged into hierarchies, theoretically making it simpler to find related groups. The term top-level hierarchy refers to the hierarchy defined by the prefix prior to the first dot. The most commonly known hierachies are the usenet hierarchies. So for instance newsgroup rec.arts.sf.starwars.games would be in the rec.* top-level usenet hierarchy, where the asterisk (*) is defined as a wildcard character. There were seven original major hierarchies of usenet newsgroups, known as the “Big 7”: (1) comp.*—Discussion of computer-related topics, (2) news.*—Discussion of Usenet itself, (3) sci.*—Discussion of scientific subjects, (4) rec.*—Discussion of recreational activities (e.g. games and hobbies), (5) soc.*—Socialising and discussion of social issues, (6) talk.*— Discussion of contentious issues such as religion and politics, and (7)misc.*—Miscellaneous discussion—anything which doesn’t fit in the other hierarchies. (Usenet, and Newsgroups. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Usenet> and < http://en.wikipedia.org/wiki/Newsgroup>, respectively.)

64. Internet Relay Chat (IRC) is a form of instant communication over the Internet. It is mainly designed for group (one-to-many) communication in discussion forums called channels, but also allows one-to-one communication. IRC is an open protocol that uses TCP and optionally SSL. An IRC server can connect to other IRC servers to expand the IRC network. Users access IRC networks by connecting a client to a server. There are many client and server implementations. Most IRC servers do not require users to log in, but a user will have to set a nickname before being connected. IRC is a plaintext protocol, which means that it is fully possible (though quite inconvenient) to use IRC via a basic byte-stream client such as netcat or telnet. However, the protocol only uses a slightly modified version of ASCII, and does not originally provide any support for non-ASCII characters in text, with the result that many different, incompatible character encodings (such as ISO 8859-1 and UTF-8) are used. (Internet Relay Chat. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Internet_Relay_Chat>)

65. An instant messenger is “a computer application which allows instant text communication between two or more people through a network such as the Internet. An instant messenger is a client which hooks up to an instant messaging service. Instant messaging differs from e-mail in that conversations happen in realtime. Also, most services convey an “online status” between users, such as if a contact is actively using the computer. Generally, both parties in the conversation see each line of text right after it is typed (line-by-line), thus making it more like a telephone conversation than exchanging letters. Instant messaging applications may also include the ability to post an away message, the equivalent of the message on a telephone answering machine. Popular instant messaging services on the public Internet include Jabber, AOL Instant Messenger, Yahoo! Messenger, .NET Messenger Service and ICQ. These services owe many ideas to an older (and still popular) online chat medium known as Internet Relay Chat (IRC).” (Instant messenger. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Instant_messenger>)

66. A peer-to-peer (or P2P) computer network is “any network that does not rely on dedicated servers for communication but instead mostly uses direct connections between clients (peers). A pure peer-to-peer network does not have the notion of clients or servers, but only equal peer nodes that simultaneously function as both “clients” and “servers” to the other nodes on the network. This model of network arrangement differs from the client-server model where communication is usually relayed by the server.”

File sharing networks such as FastTrack, FreeNet, GNUtella, and OpenNap are examples of peer-to-peer networks. Other examples are those of Applejuice (which includes Applejuice Client), BitTorrent (which includes ABC, Azureus, BitAnarch, BitComet, BitSpirit, BitTornado, BitTorrent, BitTorrent++, BitTorrent.Net, G3 Torrent, mlMac, MLDonkey, QTorrent, SimpleBT, Shareaza, TomatoTorrent, and TorrentStorm), CAKE (which includes BirthdayCAKE), Direct Connect (which includes BCDC++, CZDC++, DC++, NeoModus Direct Connect, and JavaDC), eDonkey (which includes aMule, eMule, LMule, MindGem, MLDonkey, mlMac, Shareaza, and xMule), ed2k or eDonkey 2000 (which includes eDonkey, and eMule), FastTrack (which includes giFT, Grokster, iMesh, Kazaa, Kazaa Lite, K++, Diet Kaza, CleanKazaa, Mammoth, MLDonkey, mlMac, and Poisoned), Freenet (which includes Entropy, Freenet, and Frost), Gnutella (which includes Acquisitionx, BearShare, Gnucleus, Grokster, gtk-gnutella, Limewire, MLDonkey, mlMac, Morpheus, Phex, Poisoned, Swapper, Shareaza, and XoloX), Gnutella2 (which includes Adagio, Gnucleus, MLDonkey, mlMac, Morpheus, and Shareaza), Joltid PeerEnabler (which includes Altnet, Bullguard, Joltid, Kazaa, and Kazaa Lite), Kademlia (which includes eMule, MindGem, MLDonkey, and VarVar), Manolito/MP2P (which includes Blubster, Piolet, and RockItNet), Napster (which includes Napigator, OpenNap, and WinMX), WPNP (which includes WinMX), among other networks (including Akamai, Alpine, Ares Galaxy, Audiogalaxy network, Carracho, Chord, The Circle, Coral, Dexter, Diet-Agents, EarthStation 5, Evernet, FileTopia, GNUnet, Grapevine, Groove, Hotwire, iFolder, konspire2b, MUTE, and OpenFT). (Peer-to-peer. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Peer-to-peer>)

67. AirPort is “a wireless networking protocol from Apple Computer designed for both Macintosh and PC computers. It is based on the IEEE 802.11b (also known as Wi-Fi) standard and has been certified to be compatible with other 802.11b devices. According to Apple, AirPort is capable of speeds up to 11 megabits per second and distances of 150 feet from the base station. The current version support encryption up to 128 bits. AirPort Extreme is the new generation of AirPort, and is based on the IEEE 802.11g specification, and is fully compatible with all 802.11b and 802.11g devices, with speeds up to 54 megabits per second.” (AirPort. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/AirPort>)

68. IEEE 802.11 (or Wi-Fi) “denotes a set of Wireless LAN standards developed by working group 11 of IEEE 802. The term is also used to refer to the original 802.11, which is now sometimes called ‘802.11legacy.’ The 802.11 family currently includes six over-the-air modulation techniques that all use the same protocol, the most popular (and prolific) techniques are those defined by the a, b, and g amendments to the original standard; security was originally included, and was later enhanced via the 802.11i amendment. Other standards in the family (c–f, h–j, n) are service enhancement and extensions, or corrections to previous specifications. 802.11b was the first widely accepted wireless networking standard, followed (somewhat counterintuitively) by 802.11a and 802.11g. 802.11b and 802.11g standards use the unlicensed 2.4 GHz band. The 802.11a standard uses the 5 GHz band. Operating in an unregulated frequency band, 802.11b and 802.11g equipment can incur interference from microwave ovens, cordless phones, and other appliances using the same 2.4 GHz band.” (IEEE 802.11. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/IEEE_802.11>)

69. HomeRF operates at the 2.4 GHz Industrial, Scientific, and Medical (ISM) band. It supports all CLASS features such as caller ID, call waiting, call forwarding, and distinctive ringing allowing it to support standard phone features that users are familiar with. HomeRF supports up to 8 toll-quality voice connections, 8 priority-based multimedia streams, and access to data at a rate of 10 Mb/s in version 1.0 of the standard and as high as 20 Mb/s in version 2.0 of the standard. Transmission range is about 100 meters but can be extended at the cost of the data rate. HomeRF also supports low power modes and secure communications using 128 bit encryption against eavesdroppers and denial of service attacks. (HomeRF Overview. <http://nesl.ee.ucla.edu/courses/ee206a/2001s/homeworks/hw1_submits/vadim/hw1_p2.htm>

70. Bluetooth is “an industrial specification for wireless personal area networks (PANs) first developed by Ericsson, later formalized by the Bluetooth Special Interest Group (SIG), which was established by Sony Ericsson, IBM, Intel, Toshiba and Nokia, and joined by other companies.” Bluetooth is “a wireless radio standard primarily designed for low power consumption, with a short range (up to 10 meters and with a low-cost transceiver microchip in each device. It can be used to wirelessly connect peripherals like printers or keyboards to computers, or to have PDAs communicate with other nearby PDAs or computers. The standard also includes support for more powerful longer-range devices suitable for constructing a wireless LAN. Every Bluetooth device can simultaneously maintain up to 7 connections, but only one active connection at the time. These groups (maximum of 8 devices: 1 host and 7 slaves) are called piconets. The Bluetooth specification also enables the possibility to connect two piconetworks together, with one master device acting as a bridge. These devices have yet to come, though are supposed to appear within the next two years. Every device can be configured to constantly announce its presence to nearby devices in order to establish a connection. It is also possible to password protect a connection between two devices so that no one can listen in.” (Bluetooth. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Bluetooth>)

71. Ibid.

72. Ethernet is “a frame-based computer networking technology for local area networks (LANs). It defines wiring and signaling for the physical layer, and frame formats and protocols for the media access control (MAC)/data link layer of the OSI model. Ethernet is mostly standardized as IEEE’s 802.3. It has become the most widespread LAN technology in use during the 1990s to the present, and has largely replaced all other LAN standards such as token ring, FDDI, and ARCNET.” (Ethernet. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Ethernet>)

73. Infrared (IR) radiation is “electromagnetic radiation of a wavelength longer than visible light, but shorter than microwave radiation. Infrared radiation spans three orders of magnitude and has wavelengths between 700 nm and 1 mm.” IR data transmission is “employed in short-range communication among computer peripherals and personal digital assistants. These devices usually conform to standards published by IrDA, the Infrared Data Association. Remote controls and IrDA devices use infrared light-emitting diodes (LEDs) to emit infrared radiation which is focused by a plastic lens into a narrow beam. The beam is modulated, i.e. switched on and off, to encode the data. The receiver uses a silicon photodiode to convert the infrared radiation to an electric current. It responds only to the rapidly pulsing signal created by the transmitter, and filters out slowly changing infrared radiation from ambient light.” (Infrared. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Infrared>)

74. In computing, JPEG is a commonly used standard method of compressing photographic images. The file format which employs this compression is commonly also called JPEG; the most common file extensions for this format are .jpeg, .jfif, .jpg, .JPG, or .JPE although .jpg is the most common on all platforms. The name stands for Joint Photographic Experts Group. JPEG itself specifies only how an image is transformed into a stream of bytes, but not how those bytes are encapsulated in any particular storage medium. A further standard, created by the Independent JPEG Group, called JFIF (JPEG File Interchange Format) specifies how to produce a file suitable for computer storage and transmission (such as over the Internet) from a JPEG stream. In common usage, when one speaks of a “JPEG file” one generally means a JFIF file, or sometimes an Exif JPEG file. There are, however, other JPEG-based file formats, such as JNG. JPEG/JFIF is the most common format used for storing and transmitting photographs on the World Wide Web. It is not as well suited for line drawings and other textual or iconic graphics because its compression method performs badly on these types of images (the PNG and GIF formats are in common use for that purpose; GIF, having only 8 bits per pixel is not well suited for colour photographs, but PNG may have as much or more detail than JPEG). (JPEG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/JPEG>)

75. GIF (Graphics Interchange Format) is “a bitmap image format that is widely used on the World Wide Web, both for still images and for animations. The format was introduced in 1987 by CompuServe in order to provide a color image format for their file downloading areas, replacing their earlier RLE format which was black and white only. GIF became popular because it used LZW data compression, which was more efficient than the run-length encoding that formats such as PCX and MacPaint used, and fairly large images could therefore be downloaded in a reasonable amount of time, even with very slow modems.” (GIF. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/Gif>)

76. .BMP or .DIB (device-independent bitmap) is a bitmapped graphics format used internally by the Microsoft Windows graphics subsystem (GDI), and used commonly as a simple graphics file format on that platform. Images are generally stored with a color depth of 2 (1-bit), 16 (4-bit), 256 (8-bit), 65,536 (16-bit), or 16.7 million (24-bit). An alpha channel (for transparency) may be stored in a separate file, where it is similar to a greyscale image. 8-bit images can also be greyscale instead of color. BMP files are usually not compressed, so they are typically much larger than compressed image file formats for the same image. The typical true-color bitmap size in bytes can be calculated as: (width in pixels)×(height in pixels)×3. So an 800×600 image will occupy almost 1.5 megabytes. As such they are generally unsuitable for transferring images on the Internet or other slow or capacity-limited media. Compressed imaged employ RLE algorithm. (Windows Bitmap. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/BMP>)

77. PNG (Portable Network Graphic), sometimes pronounced as “ping”, is a relatively new bitmap image format that is becoming popular on the World Wide Web and elsewhere. PNG was largely developed to deal with some of the shortcomings of the GIF format and allows storage of images with greater color depth and other important information. The motivation for creating the PNG format came in early 1995, after Unisys announced that it would be enforcing software patents on the LZW data compression algorithm used for GIF. PNG uses a non-patented lossless data compression method known as deflation. This method is combined with prediction, where for each image line, a filter method is chosen that predicts the colour of each pixel based on the colours of previous pixels and subtracts the predicted colour of the pixel from the actual color. An image line filtered in this way is often more compressible than the raw image line would be. On most images, PNG can achieve greater compression than GIF, but some implementations make poor choices of filter methods and therefore produce unnecessarily large PNG files. (PNG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/PNG>)

78. AVI, an acronym for Audio Video Interleave, is “a file format designed to store both audio and video data in a standard package to allow its simultaneous playback. It was introduced by Microsoft in November 1992, as part of the Video for Windows technology. It is a special case of the Resource Interchange File Format (RIFF), which divides the file’s data up into data blocks called “chunks”. Each “chunk” is identified by a FourCC tag. An AVI file takes the form of a single chunk in an RIFF formatted file, which is then subdivided into two mandatory “chunks” and one optional “chunk”. By way of the RIFF format, the audio/visual data contained in the “movi” chunk can be encoded or decoded by a software module called a codec. The codec translates between raw data and the data format inside the chunk. An AVI file may therefore carry audio/visual data inside the chunks in almost any compression scheme, including: Full Frames (Uncompressed), Intel Real Time Video, Indeo, Cinepak, Motion JPEG, Editable MPEG, VDOWave, ClearVideo / RealVideo, QPEG, MPEG-4, and others.” (AVI. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Avi>)

79. The Moving Picture Experts Group (MPEG) is a small group charged with the development of video and audio encoding standards. Since its first meeting in 1988, MPEG has grown to include approximately 350 members from various industries and universities. MPEG’s official designation is ISO/IEC JTC1/SC29 WG11. MPEG has standardized the following compression formats and ancillary standards: (1) MPEG-1: Initial video and audio compression standard. Later used as the standard for Video CD, and includes the popular Layer 3 (MP3) audio compression format. (2) MPEG-2: Transport, video and audio standards for broadcast-quality television. Used for over-the-air digital television ATSC,DVB and ISDB, digital satellite TV services like DirecTV, digital cable television signals, and (with slight modifications) for DVD video discs. (3) MPEG-3: Originally designed for HDTV, but abandoned when it was discovered that MPEG-2 was sufficient for HDTV. (4) MPEG-4: Expands MPEG-1 to support video/audio “objects”, 3D content, low bitrate encoding and support for Digital Rights Management. A new (newer than MPEG-2 Video) higher efficiency video codec is included (an alternative to MPEG-2 Video), see H.264. (5) MPEG-7: A formal system for describing multimedia content. The MPEG codecs use lossy data compression using transform codecs. In lossy transform codecs, samples of picture or sound are taken, chopped into small segments, transformed into a frequency space, and quantized. The resulting quantized values are then entropy coded. The moving picture coding systems such as MPEG-1, MPEG-2, and MPEG-4 add an extra step, where the picture content is predicted from past reconstructed images before coding, and only the differences from the reconstructed pictures, and any extra information needed to perform the prediction, are coded. (MPEG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/MPEG>)

80. Windows Media Video (WMV) is a generic name for the set of streaming video technologies developed by Microsoft. It is part of the Windows Media framework. WMV is not built solely on Microsoft in-house technology. From version 7 (WMV7), Microsoft has used its own non-standard version of MPEG-4. The video stream is often combined with an audio stream of Windows Media Audio. WMV files are customarily played by Windows Media Player on Microsoft Windows and Macintosh systems. Some third-party players also exist, such as MPlayer for Linux, which play back WMV by using the FFmpeg implementation of the WMV codecs. Raw WMV video is packed into an AVI or Advanced Streaming Format (ASF) container. The resulting files may be named .avi if it is an AVI-contained file, or .wmv or .asf if it is an ASF file, but .wmv files are to be ASF files with audio/video content only. WMV is usually found in the AVI file container when encoded with Microsoft’s Windows Media Video 9 VCM software for Windows. Microsoft’s Windows Media Player for the Mac does not support all WMV encoded files since it supports only the ASF file container. (Windows Media Video. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Windows_Media_Video >)

81. RealMedia is a digital sound (RA) and video (RM) file format that is the registered trademark of RealNetworks. This format is typically used to stream media through the net. It is played with the RealOne player. (Real Media. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http://en.wikipedia.org/wiki/RealMedia>)

82. MP3 (or, more precisely, MPEG-1/2 Audio Layer 3) is “an audio compression algorithm capable of greatly reducing the amount of data required to reproduce audio, while sounding like a faithful reproduction of the original uncompressed audio to most listeners. In the first half of 1995, MP3 files, file representations of MPEG-1 Audio Layer III data, began flourishing on the Internet. Its popularity was mostly due to, and interchangeable with, the successes of companies and software packages like Nullsoft’s Winamp, mpg123 and the now Roxio-owned Napster. MP3 bitrate is 128 kilobits per second (kbit/s), a little inferior to CD quality audio but with a compression ratio of approximately 11:1.” (MP3. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/MP3>)

83. WAV (or WAVE), short for WAVEform audio format, is a “Microsoft and IBM audio file format standard for storing audio on PCs. It is a variant of the RIFF bitstream format method for storing data in “chunks”, and thus also close to the IFF and the AIFF format used on Macintosh computers. It takes into account some peculiarities of the Intel CPU such as little endian byte order. The RIFF format acts as a “wrapper” for various audio compression codecs. It is the main format used on Windows systems for raw audio. Though a WAV file can hold audio compressed with any codec, by far the most common format is PCM audio data. Since PCM uses an uncompressed, lossless storage method which keeps all the samples of an audio track, professional users or audio experts may use the WAV format for maximum audio quality. WAV audio can also be edited and manipulated with relative ease using software.” (WAV. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/WAV>)

84. Windows Media Audio (WMA) is a proprietary compressed audio file format developed by Microsoft. It was initially a competitor to the MP3 format, but with the introduction of Apple’s iTunes Music Store, it has positioned itself as a competitor to the Advanced Audio Coding format used by Apple. It is part of the Windows Media framework. An initial reason for the development of WMA might have been that MP3 technology is patented and has to be licensed from Thomson for inclusion in the Microsoft Windows operating system. A WMA file is almost always encapsulated in an Advanced Systems Format (ASF) file. The resulting file may have the filename suffix “wma” or “asf” with the “wma” suffix being used only if the file is strictly audio. The ASF file format specifies how metadata about the file is to be encoded, akin to the ID3 tags used by MP3 files. ASF is also patented in the United States. Files in this format can be played using Windows Media Player, Winamp (with certain limitations, DSP plugin support and DirectSound output is disabled using the default WMA plugin) and many other alternative media players. The FFmpeg project have reverse-engineered and reimplemented the WMA format to allow its use on POSIX compliant operating systems such as Linux. Windows Media Audio supports digital rights management using a combination of elliptic curve cryptography key exchange, DES block cipher, a custom block cipher, RC4 stream cipher and the SHA-1 hashing function. (Windows Media Audio. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/wiki/Windows_Media_Audio>)

85. Real Media. Supra, see Note 81.

86. Ross, Mark. “Cybersex and the Law.” Brief for the petitioner, William L. Elvert, v. The United States of America. Case No. 96-3342, Pending in the US Supreme Court in 1996. <http://www.apc.net/maross/Cybersex1.htm>

87. Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4.

88. “Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Description, Short Stories and Animations Downloaded 8.5 Million Times by Consumers in Over 2000 Cities in Forty Countries, Provinces and Territories” by Marty Rimm was published in The Georgetown Law Journal. The research project, and the resulting publications – including the Time Magazine article “On a Screen Near You: Cyberporn” by Philip Elmer-Dewitt, which used the results of Marty Rimm’s research – set off a avalanche of criticism on the manner the study was conducted, the methods used, and the reliability of the data generated. Debunking the results of the Rimm Methodology and the Dewitt article, Donna L. Hoffman and Thomas P. Novak of Vanderbilt University created a comprehensive site, “The Cyberporn Debate” (http://elab.vanderbilt.edu/research/topics/cyberporn/index.htm). Even if the accuracy of the results is questioned, Hoffman and Novak admits still that “pornography exists and is transmitted through many media, including cable television, books and magazines, video tapes, private “adult” bulletin boards, the postal mail, computer networks, interactive media like CDROM, fax, and telephone, to name a few.”

89. Anderson, Kerby. Cyberporn. Retrieved from the website of Probe Ministries. <http://www.leaderu.com/orgs/probe/docs/cybporn.html>

90. Ibid.

91. Ibid.

92. Johnson, Jarvis; Quinn Johnson, Danny Page, and Sekou Richen. Cyberporn. Georgia State University College of Law. Citing the The Meese Commission Report, in 1986, provides evidence that pedophile offenders and child pornographers had begun to use personal computers and computer networks for communication and distribution of materials. See Attorney General’s Commission on Pornography: Final Report, 2 vols. Washington, D.C.: U.S. Government Printing Office, July 1986 [The Meese Commission] at page 629. <http://gsulaw.gsu.edu/lawand/papers/fa01/johnson_johnson_page_richen/>

93. Anderson, Kerby. Cyberporn. Probe Ministries. Supra, note 89.

94. Allen, Kenneth. Cyber-Sex: A Review and Implications of the Situation. Notre Dame Seminary. <http://home.earthlink.net/~philoska/cyber/> Citing “Definition of ‘Cyber’,” in Cyber Sex Chat Addicts Anonymous (accessed by said author, 27 November 2001 at [www.cyberaa.com/Definition/definition.html]; no longer available).

95. Allen, Kenneth. Cyber-Sex: A Review and Implications of the Situation. Notre Dame Seminary. <http://home.earthlink.net/~philoska/cyber/> Citing René J. Molencamp, Ph.D, and Luisa M. Saffiotti, Ph.D., “The Cybersexual Addiction,” Human Development, Volume 22, Number 1, Spring 2001 ( Chicago : Jesuit Educational Center for Human Development, 2001) 5-6.

96. Leaño , Peter James V . What’s Happening: UPCIDS-PST conducts Rapid Appraisal of Child Pornography in the Philippines. June 2004. Retrieved 8 January 2005 from Child Protection in the Philippines. <http://www.childprotection.org.ph/whatshappening/whtbits1_mayjun04%5B1%5D.html>

97. See the case of United States vs. Stephen A. Knox, decided by the United States Court of Appeals for the Third Circuit, No. 92-7089. See FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code. <http://laws.findlaw.com/3rd/940734p.html>

98. See the case of Ashcroft, Attorney Gerneral, et. al. vs. Free Speech Coalition. et. al. decided by the Supreme Court of the United States. 535 U.S. 234 (2002) See the Legal Information Institute of the Cornell University Law School, Ashcroft vs. Free Speech Coalition. < http://supct.law.cornell.edu/supct/html/00-795.ZS.html>

99. Child erotica is “any material relating to children that serves a sexual purpose for a given individual.” Kenneth V. Lanning, Child Molesters: A Behavioural Analysis 26 (1992).

100. Child Pornography. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Child_pornography>

101. Schuijer, Jan and Benjamin Rossen. “The Trade in Child Pornography”. Retrieved 15 January 2005 from IPT Journal, Institute for Psychological Therapies. <http://www.ipt-forensics.com/journal/volume4/j4_2_1.htm>

102. Pret Art. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Pret_art>

103 Child Pornography: An International Perspective; citing U.S. Senate Report; Kenneth V. Lanning, Child Molesters: A Behavioural Analysis, 10-12. Retrieved 8 January 2005 from Computer Crime Research Center. <http://www.csecworldcongress.org/PDF/en/Stockholm/Background_reading/Theme_papers/Theme%20paper%20Pornography%201996_EN.pdf>

104. See the case of Hustler Magazine vs. Falwell, decided by the Supreme Court of the United States (485 U.S. 46). See the Legal Information Institute of the Cornell University Law School, Ashcroft vs. Free Speech Coalition. < http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0485_0046_ZS.html>

105. See the case of Pita vs. Court of Appeals. Supra, note 9.

106. Child Pornography. Wikipedia, the free encyclopedia. Supra, note 100.

107. Section 3(e) of RA 9208. Supra, note 3.

108. Sex Tourism. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Sex_tourism>

109. Section 3(f), RA 9208. Supra, see note 3.

110. Sexual Abuse. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Sexual_abuse >

111. Pedophilia. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Pedophilia>

112. Infantophilia. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://en.wikipedia.org/wiki/Infantophilia>

 

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