Abstract:
The purpose of this paper is to further explore the relationship between child
pornography, the Internet, and the ISPs, with an overarching focus on bringing closure to the
victims of Internet hosted child pornography. More specifically, in Part I, this paper will focus
on clarifying the murkiness surrounding child pornography and the Internet; Part II, will examine
the pre-existing law and its effectiveness in helping victims of child pornography hold negligent
ISPs responsible for knowingly hosting illegal material; and Part III, will argue that similar to
Copyright Law, the safe harbor provision of Section 230 (“§ 230”) of the Communications
Decency Act (“CDA”), should be amended to hold ISPs accountable when they have actual
knowledge that one of their websites is hosting child pornography.