Writing in Salon on August 24, Debbie Nathan wanted to start a conversation about child pornography. She raised the question: How can journalists report on child pornography when it is a crime to even look at such images? Nathan argued that journalists should be protected from prosecution for possession of child pornography if that possession is for legitimate reporting purposes, including, for example, testing government claims about the prevalence of child pornography.
Instead, the conversation came to a screeching halt.
According to Nathan’s article, her inquiry was rooted in her own research this summer into child porn on the Internet. In the course of her reporting, she inadvertently stumbled onto a Web site that featured illegal images. She became consumed with a fear that she would be arrested and prosecuted, recalling the prosecution and incarceration in 2000 of freelance journalist Lawrence Matthews in Washington, D.C. on charges that he had received and transmitted pornographic images of children in the course of his research on the topic. She reached out to other journalists and researchers who had looked into the subject, and heard stories of people abandoning the enterprise because of the risk of prosecution.
Then on August 20, the New York Times published a piece by Kurt Eichenwald that exposed a group of new Web sites purporting to have legal images of children but which in fact feature images that are arguably pornographic. As Eichenwald explained, courts have decided that nudity is not required for images to be deemed child pornography. The Times article was accompanied by a disclaimer that stated: “Covering this story raised legal issues. United States law makes it a crime to purchase, download, or view child pornography, unless the images are promptly reported to authorities and no images are copied or retained. The Times complied with the law, disclosing what it found to appropriate authorities.”
Eichenwald’s article, beyond just reporting on the trend, included lurid descriptions of the kinds of images found on these “child modeling” sites, though he says he relied on law enforcement and chat-room descriptions of the images rather than firsthand viewing. Nathan, however, assumed that Eichenwald had seen the images himself, and kicked off her article by provocatively saying that Eichenwald had spent time recently “look[ing] at a lot of kiddie porn.” Though she discussed Eichenwald’s tactics and opined on their legality, she ultimately was arguing that “the government prohibits reporters and other legitimate investigators from doing front-line research into child pornography,” because she believes such work requires journalists to view illegal images and risk being prosecuted.
Uncontested in Nathan’s argument is the notion that journalists have to actually see these images to test “government claims as to how prevalent child pornography really is and what makes an image pornographic.”
On the same day Nathan’s article was posted on Salon, the magazine pulled it and any letters it generated, and issued two corrections. The first correction emphasized that the law “does offer some legal protection for journalists and other researchers” and that an “affirmative defense may exist that would protect such work under certain circumstances, and the opinion asserted by Nathan that her work … would constitute a violation of the law was inaccurate.”
(An affirmative defense is one that does not deny the truth of the allegations against the defendant but gives some other reason why the defendant cannot be held liable.)
The second correction stressed that Eichenwald’s article was “not based on reviewing the content of the sites themselves” and reiterated the legal disclaimer that the Times originally ran with Eichenwald’s piece, asserting that journalists who come to possess these images inadvertently and who report them to the federal authorities are protected from prosecution.

On August 24, Salon published my opinion piece "Why I Need to See Child Porn." As Malek discusses in her CJRDaily article, it argued that we need a government system to vet researchers' and journalists' qualifications, allowing them to test government claims about the prevalence, content and profitability of internet child pornography images without fear of legal sanctions.
The next morning, August 25, Salon received communication from New York Times reporter Kurt Eichenwald, threatening to sue Salon and me for libel if my article were not immediately removed from Salon's site. Among other things, my piece had discussed Eichenwald's August 20 Times article, "With Child Sex Sites on the Run, Nearly Nude Photos Hit the Web."
Within hours after receiving Eichenwald's threat of a lawsuit, Salon pulled "Why I Need to See Child Porn," along with dozens of letters responding to it. My piece was not archived on Salon's site and neither were the letters. All the material was irretrievably removed. A correction was run stating it was "inaccurate" that journalists and other researchers have "no protection from prosecution if they viewed visual depictions of child pornography." On August 26, Salon's editor, Joan Walsh, wrote on Salon's forum for subscribers, Table Talk, that my article was taken down because its "central premise" was "impossible to just correct." She did not mention that Salon had been contacted by Eichenwald and threatened with a lawsuit.
I was not consulted about the decision to irretrievably remove my opinion piece and the letters. I had no input into the language of the correction.
After Salon pulled the article and ran its first correction, Eichenwald continued to threaten a suit unless another correction was run. On August 31 Salon ran a second correction, based primarily on language supplied by Eichenwald and his lawyer. I had no input into the decision to publish this correction, nor any input into its wording. Salon gave me no opportunity to respond to the correction.
The first correction had been published in a format allowing the public to respond by clicking a link on the same page the correction appeared on. People could read the responses sent in by clicking on the same page, just under the correction. During the next few days beginning August 25, Salon posted over 150 responses.
When Eichenwald demanded a second correction, he specified it must be "locked" so no public response could be submitted on the correction page or be readable from there. Subsequently, Salon formatted the second correction so it is impossible to send or read responses on the same page as the correction. Postings now can be made only by paid subscribers, to Salon's "Table Talk" section. No discussion topic links in "Table Talk" are marked as having anything specifically to do with "Why I Need to See Child Porn."
I am extremely disappointed with Salon's handling of this incident. Nevertheless, I trust public discussion will continue about the issues my article raised.
For more information, see:
Judith Levine letter to the New York Times Public Editor
http://mailman.lbo-talk.org/pipermail/lbo-talk/Week-of-Mon-20060904/045354.html
Debbie Nathan
www.debbienathan.com
Posted by DebbieNathan on Fri 22 Sep 2006 at 05:33 PM
Alia Malek writes Those who argue the need to see child porn to understand it too easily dismiss the fact that not only is viewing illegal, but that it also prolongs the exploitation of these children.
Claptrap. Not all child pornography would fall under the category of "exploitation" and one need only to reference the Michael Jackson trial and how Prosecutors sought to indict Mr. Jackson on child pornography charges over a coffee table book; A book by the way that had been in the possession of the District Attorney who earlier sought to indict Mr. Jackson on similar charges but failed.
Alia Malek does CJR a disservice by reciting the usual bumper sticker cookiee cutter echochamber phrases.
Posted by Nelson G on Sat 23 Sep 2006 at 11:45 AM
Alia Malek should brush up on her logic. She quotes Attorney General Alberto Gonzalez as saying that 50,000 child-sex predators are prowling the Internet, "a number," she says, "that seemed to come out of thin air," but then writes, appropos of whether kiddie-porn images are truly pornographic, that "we haven't yet seen credible evidence that the press is being lied to and manipulated in this context." If a made-up figure is not evidence of manipulation, what is? Given the Bush administration's unparalleled record of mendacity, any journalist who is not suspicious should be drummed out of the profession. Malek also suggests that a reporter who wishes to evaluate such claims first-hand is somehow comparable to one who believes he or she must engage in an act of terrorism in order to undrestand what the phenomenon is all about. But the comparison is speciouis. Viewing a kiddie-porn web site is analagous to visiting Ground Zero in order to see the results of a criminal act. She similarly puts the car before the horse in asserting that looking at an allegedly pornographic photo somehow "prolongs the exploitation of these children." But a photo is merely a record of an act that has already taken place. In a touching display of political deference, finally, she concludes that reporters should heed the law and not conduct such research because something called "society" has has forbidden it. But this is exactly the problem: the Bush administration has launched a major crusade around this issue, yet forbids journalists to engage in the most elementary fact-checking to determine that its claims are correct. This is positively Orwellian, yet CJR backs the administration up. Clearly the lapdog press has learned nothing from missteps over WMDs and the War on Terrorism. How sad!
Posted by Dan Lazare on Wed 27 Sep 2006 at 06:08 PM
Any time we rely on the government as the only source of information, we risk our freedom. While I agree that this is a very sensitive subject, and I personally have no desire to view such photos, accommodations must be made for those who 'legitimately' research such topics in an effort to discover if the government is telling the truth. One person viewing this filth is too many; I agree. But unchallenged overblown statistics that create laws for the purpose of denying us our personal freedoms, in the long run, is equally problematic. Knowledge is power!
Posted by Skip Weinstock
on Mon 10 Dec 2007 at 09:49 PM