A correction:
Salon published an opinion piece headlined "Why I Need to See Child
Porn" by Debbie Nathan on Aug. 25. The story argued that under child
pornography laws, Nathan and other journalists and researchers had no
protection from prosecution if they viewed visual depictions of child
pornography, even inadvertently, in the course of their work. In fact,
federal law does offer some legal protection for journalists and other
researchers. An "affirmative defense" may exist that would protect such
work under certain circumstances, and the opinion asserted by Nathan
that her work, and the work of other journalists, would constitute a
violation of the law was inaccurate.
Salon regrets the error and has removed the article from the site. Link
UPDATE Aug 31: Salon has published yet another correction to this article.
Salon published an opinion piece headlined "Why I Need to See Child
Porn,'' by Debbie Nathan, on Aug. 25. The piece incorrectly
characterized the law pertaining to child pornography, and the facts
surrounding the reporting of a recent published story in the New York
Times.
The piece pointed to a recent story on "child model" sites by
New York Times writer Kurt Eichenwald. That story described the Times
as having located at least 200 sites, and described the content of
certain sites. However, the Times story did not state that Eichenwald
or the Times visited and viewed those 200 Web sites.
The story indicates, and Eichenwald confirms, that the
portrayal of the content of those sites was primarily based on the
written descriptions of them on certain advertising portals, which
contained links to the sites, and not based on reviewing the content of
the sites themselves.
Eichenwald said he located the portals through links on a
conversation forum operated by a company described in his story. In
describing that forum and the related sites, the Times story states:
"The Times did not subscribe to any sites, which it first saw
referenced in online conversations among pedophiles. The Times followed
a link posted in those conversations to forum postings and images on
freely accessible pages of the modeling sites. Because those sites
appeared to be illegal, The Times was required by law to report what it
had found to authorities. Federal law enforcement officials were
notified in July about the sites."
The story did not indicate that anyone at the Times
deliberately viewed any potentially pornographic images, or visited any
sites believing they contained pornographic images. An editor's note
accompanying the story confirmed that the Times reported all of the
potentially illegal content it inadvertently viewed to federal
authorities and made it clear that the paper did not copy or retain any
illegal images. Salon has no reason to doubt Eichenwald's and the
Times' account of these actions.
The piece that appeared on Salon asserted that under child
pornography laws, journalists and researchers have no protection from
prosecution if they viewed visual depictions of child pornography, even
inadvertently, in the course of their work. In fact, federal law
appears to offer legal protection for inadvertently coming into
possession of child pornography. A federal statute provides an
"affirmative defense'' under certain circumstances, if the discovery of
child pornography is limited and is reported to a law enforcement
agency.
The assertion that there was no law regarding inadvertent
discovery with which the Times could comply was incorrect. Any
implication that the conduct of the New York Times or Mr. Eichenwald
was illegal was also incorrect.
Salon regrets the errors and has removed the article from the site.