CISSP-ISSMP Question #108: Real Exam Question with Answer & Explanation

Question

Which of the following laws enacted in United States makes it illegal for an Internet Service Provider (ISP) to allow child pornography to exist on Web sites?

Options

• AChild Pornography Prevention Act (CPPA)
• BUSA PATRIOT Act
• CProsecutorial Remedies and Tools Against the Exploitation of Children Today Act (PROTECT Act)
• DSexual Predators Act

Explanation

Sexual Predators Act is enacted in United States in 1998, which prohibits and made illegal for an Internet Service Provider (ISP) to knowingly allow child pornography to appear on Web sites. It is necessary for an ISP to notify law enforcement that a Web site is hosted on its server, which contains child pornography material. This Web site or the pornographic contents of the Web site must be removed from the server immediately. Answer option A is incorrect. The Child Pornography Prevention Act of 1996 (CPPA) was a United States federal law to restrict child pornography on the internet, including virtual child pornography. Before 1996, Congress defined child pornography with reference to the Ferber standard. In New York v. Ferber, 458 U.S. 747 (1982), the Supreme Court held that the government could restrict the distribution of child pornography to protect children from the harm inherent in making it. The Child Pornography Prevention Act added two categories of speech to the definition of child pornography. The first prohibited "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." In Ashcroft case, the Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means." The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct." Answer option B is incorrect. The USA PATRIOT Act, commonly known as the "Patriot Act", is a statute enacted by the United States Government that President George W. Bush signed into law on October 26, 2001. The contrived acronym stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records. It eases restrictions on foreign intelligence gathering within the United States and enhances the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expands the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act's expanded law enforcement powers can be applied. Answer option C is incorrect. The Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act (PROTECT Act) of 2003 is a United States law with the stated intent of preventing child abuse. The PROTECT Act incorporates the Truth in Domain Names Act (TDNA) of 2003 (originally two separate Bills, submitted by Senator Orrin Hatch and Congressman Mike Pence). The PROTECT Act is codified at 18 U.S.C. 2252(B)(b). This law provides mandatory life imprisonment of sex offenses against a minor if the offender has had a prior conviction of abuse against a minor with some exceptions.

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