They're at it again.

This last Wednesday, July 24, Congressman Lamar Smith of Texas introduced a resolution before the House entitled "Expressing the sense of Congress supporting vigorous enforcement of the Federal obscenity laws". House Concurrent Resolution 445.

Mind you this is not COPPA, which was introduced to and passed by the House last May. COPPA is now before the Senate. COPPA is the CHILD OBSCENITY AND PORNOGRAPHY PREVENTION ACT OF 2002 also known by the title: "To prevent trafficking in child pornography and obscenity, to proscribe pandering and solicitation relating to visual depictions of minors engaging in sexually explicit conduct, to prevent the use of child pornography and obscenity to facilitate crimes against children, and for other purposes". COPPA was amended during its review process in the House and passed with fun, scary language like this:

"Sec. 1466B. Obscene visual representations of pre-pubescent sexual abuse

(a) Whoever, in a circumstance described in subsection (e), knowingly produces, distributes, receives, or possesses with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that--

(1) depicts a pre-pubescent child engaging in sexually explicit conduct, and

(2) is obscene, or who attempts or conspires to do so, shall be subject to the penalties set forth in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.

(b) Whoever, in a circumstance described in subsection (e), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that--

(1) depicts a pre-pubescent child engaging in sexually explicit conduct, and

(2) is obscene,

or who attempts or conspires to do so, shall be subject to the penalties set forth in section 2252A(b)(2), including the penalties provided for cases involving a prior conviction.

(c) It is not a required element of any offense under this section that the pre-pubescent child depicted actually exist..."

COPPA is now in the hands of the US Senate and has been since June 2002. The main fault found by protectors of privacy and free speech is COPPA's attempt to legislate creations of the mind. If you'll note in the above COPPA wants to prosecute child porn depictions whether they are real or -drawing, cartoon, sculpture, or painting. In other words, downloading those toons of Sluggo porking Nancy could be a heinous crime if COPPA is passed. I know that's a ridiculous conjecture but so is this element of COPPA.

While we wait for the Senate and hope that clearer heads prevail who amend the bullshit out of COPPA, along comes this little resolution last Wednesday.

House Concurrent Resolution 445, introduced by Congressman Smith is pretty vague on first read. It uses previous court decisions (Paris Adult Theatre I v. Slaton, 413 U.S. 49 1973) and report findings (such as the 1986 Meese Commission's) to strengthen its argument in the beginning text. Then it cites some weak polls and one supposition from a study by National Academies' National Research Council and an outright baseless statement about the Internet being a portal of untold danger to minors.

It concludes with the statement:

"Whereas vigorous enforcement of obscenity laws can help reduce the amount of `virtual child pornography' now readily available to sexual predators; and

Whereas it continues to be the desire of the People of the United States of America and their representatives in Congress to recognize and protect the governmental interests recognized as legitimate by the United States Supreme Court in Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973): Now, therefore be it".

The House passed this resolution and the Senate concurred it. HCR 445 doesn't go through the drama and ceremony that COPPA is experiencing. COPPA is a Joint Resolution, which means it has to go through scrutiny, review, amendment and voting by both the Senate and the House. HCR 445 is a Concurrent Resolution and this means that if enough Senators and Congressmen vote for it, it passes.

There's no long approval process for a Concurrent Resolution. I doesn't even pass the President's desk. A Concurrent Resolution is less a law than an agreement. The House and the Congress agreed to vigorously enforce obscenity laws involving 'virtual child pornography'.

HCR 445 is in essence a back up for COPPA. HCR 445 helps legally reinforce COPPA by providing a precedent in both Houses. COPPA supporters can now cite HCR 445 as an argument for it's passing. HCR 445 by itself is not dangerous. HCR 445 used in conjunction with COPPA has the potential to be very dangerous to everyone.