Instead, the courts often apply a six-pronged test, developed in a 1986 case called United States v. As a result, courts have ruled that images of naked children were not automatically pornographic, and thus not illegal, while also holding that the mere presence of clothing on a photographed child was not, in itself, adequate to declare the image lawful. Under law, for an image that does not involve a child engaged in a sex act, a court must find that it entails "lascivious exhibition of the genitals or pubic area" of a minor to determine that it is child pornography. While the issues are far from settled-thus leading to the attempts by Congress to clarify the law-courts have worked over the last two decades to define standards for what constitutes potentially illegal images of children. "These are clearly not bona fide companies, and it's obvious these are just Web sites for people to go on and view children in an unhealthy manner," Bonnie Breen, chief booker for the Bizzykidz Agency, a prominent modeling agency for children based in London, said when provided with a description of the emerging modeling sites.ĭespite repeated statements on the sites that they are lawful, they may well run afoul of American law. And the legitimate agents provide the phone numbers, addresses and names of their executives so potential clients can contact them most of the sites aimed at pedophiles not only provide little or no means of contact, but even hide the identities of the owners behind anonymous site registrations. Such images on an agency Web site would drive away many parents who might be seeking representation for their child, executives said indeed, most photographs of child models are nothing more than head shots.
These executives said that real modeling agencies would refuse to use the types of sexualized images of children sought by pedophiles, not only because they are exploitative and illegal, but also because they would be bad business. Most child images for genuine agencies are password-protected, the executives said, with access granted to companies and casting agents only after a check of their backgrounds. But executives in the legitimate modeling business said that virtually everything about the sites runs contrary to industry practice. In contrast to their advertising, many of the sites portray themselves on their main pages as regular modeling agencies trying to find work for their talent.
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