컴퓨터 通信을 통한 淫亂性 表現의 限界에 관한 고찰 : 1996년 美國 通新品位法과 聯邦法院 判例를 중심으로 The U.S. Communications Decency Act of 1996 and Cases = A Study on the Limitation of Pornography on the Internet

다국어 초록 (Multilingual Abstract)

All over the world, the Internet is becoming the most useful method of accessing information and communication among us. With knowledging the significance of the Internet, each country tries to replenish its jurisdiction with the high quality of the Internet service. Especially, OECD and ITU recognized that Korea has become the NO. 1 country in the world with the highest supply ratio of the ultra high speed internet service. In addition, with the respect of the time in using the Internet among Internet users through the world, Korean Internet users have spent the largest time with an average of 19 hours 20 minutes in a month. Moreover, according to the survey by the Korea Network Information Center, more than half of the population, 56% of the population, uses the Internet. Among them, 91.1% is minors.
While the Internet is generally positive, especially, pornography to minors through the Internet has been criticized as a negative function. Thus, in order to protect minors from pornography through the Internet, the U. S. Congress passed the Communications Decency Act of 1996 (CDA). Specifically, the CDA purports to protect minors from exposure to any indecent material on the Internet by instituting a substantial fine and possible incarceration when provisions of the CDA are violated. Namely, the CDA prohibits anyone from knowingly transmitting obscene or indecent material to minors, or from permitting such materials to be transmitted to minors. The CDA also prohibits anyone from knowingly sending or displaying patently offensive message through the Internet to minors.
However, just after the CDA was enacted, many online publishers and civil right organizations instituted suits alleging the unconstitutionality of the CDA. The First Amendment of to the United States Constitution that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof : or abridging the freedom of speech, or of the press : or the right of the people peceably to assemble, and to petition the Government for a redress of grievances." Consequently, the most strongest instrument to any regulation of the Internet is the right to freedom of speech. First Amendment of the U. S. constitution. The U. S. courts also tried to define the notion of the "Obscene" or "Indecency" as a well known to us of "pornography".
Therefore, this Article examines a possible limit of pornography on the Internet for the protection of minors, reviewing the CDA and the U. S. Courts' decisions. In addition, the Article also tries to make a proposal to Korea in that boundary.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 우리나라의 음란성표현의 한계
• 1. 음란물에 대한 규제
• 2. 음란물 이외의 성 표현물에 대한 규제
• Ⅲ. 인터넷에서의 음란성 표현에 대한 미국법상 한계
• 1. 1996년 미국의 통신품위법
• 2. 통신품위법에 대한 위헌문제
• 3. 수정헌법 제1조와 표현의 자유
• Ⅳ. 음란물의 판단기준
• 1. Roth 판결: 호색적 관심
• 2. Memoir 판결: 사회적 가치의 결여
• 3. Miller 판결: 음란성 판단의 표준
• 4. 음란물 이외의 규제대상: 외설스럽거나 명백한 성적표현
• Ⅴ. 결론
• 참고문헌
• Abstract