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Hastings Communications and Entertainment Law Journal

Authors

David Cardiff

Abstract

The various developing technologies that will allow entertainment consumers to receive video on demand will provide increased choice and interactivity. These technologies will also be capable of providing interactive video pornography, thus refocusing the public debate regarding obscene and indecent communications. This Note explores the capabilities of these new technologies, vis-A-vis pornographic communications, in the context of the traditional nuisance-based jurisprudence that has evolved in response to more traditional means of disseminating pornography, and in the context of the various new laws, including the Communications Decency Act of 1996, which are intended to restrict access to, and punish purveyors of, such communications. The author concludes that the new technologies offer a means of eliminating the nuisance aspects of pornographic communications, and thus should be subject to less, rather than more, regulation.

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