Social Security Administration and Administrative Law

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Table of Contents

Introduction
Problem discussion
Child Pornography Prevention Act 1996
Administrative laws enacted to prevent the spread of online pornography
Methods of detecting and prosecuting online pornography
Conclusion
References

Introduction

To attain social, economic, and political stability, societies requires an effective system of governance. Governments have the role maintaining social security administration structures that ensure justice prevail within the borders of their administration. Administrative laws are enacted to facilitate the administration of social justice matters; it is the role government and the society in general to protect these laws (Dean, Weisbrot, 2001). Although different countries have different constitutions, some written and other unwritten, one aspect that stands out is that social security justice is a human right thus needs to be protected. Other than at national level, international bodies, protocols, and conventions have policies that support the administration of justice and protection of human rights. According to modernization theory, for a country to move from undeveloped to civilized/developed country, there is need to have effective systems and policies that reinforce social security to its citizens. Administrative laws address matters like equality, education system, criminal justice systems, and protection of human rights and fundamental freedom (Wildasin, 2008).

When discussing the issue of social justice and security, the focus should not be on crime prevention issues but should take the focus of addressing social economic and political issues within a country. Despite efforts made by governments to provide social security, different countries are facing a challenge fighting modern form of crime; modern forms of crime have become complex with the introduction of information and technology tools. The problem has continued to keep security agencies on the lookout on ways they can protect their nations; one “technology” related crime is online pornography (Thompson, 2007).

Moral evils in societies are of great importance for social and economic development; when the existing policies fail to address issue of morality within their population, then the future of nations is questionable. Section 18 USC 2252 of the United States constitution protects children from any sexual exposure or orientation; pornography is easily accessible to children and underage population creating the urge to engage in early sexual activities along with other social evils like rape and masturbation. Controlling of pornography has posed some challenge to social security forces as the sites with such materials keep changing their shape and sometimes take the form of scam (Thompson, 2007). This paper discusses the problem of child pornography as a challenge facing the administration of social security.

Problem discussion

According to 1998 Child Online Protection Act, children are not supposed to expose to pornographic materials; pornography is defined as an overt representation of literature or films which are expressive of sexual activities. The Federal laws and fundamental human rights more so those that protect the sanity of children; section 18 USC 2252 (a) (2) of the United States define protect children from pornography. Pornography in all of its forms is meant to stimulate erotic feelings as opposed to emotions. Pornography is mostly targeted at men more than it is to women (Offra, 2009). It is not a crime that those who commit do not inflict bodily harm nor does it cause any serious form of loss. The criminality of pornography is legally defined differently by different states (Craddock, 2004). Some countries like Muslim nations do not encourage pornography for all their citizens; to them it is perverted and erodes the moral fabrics of the society. However, in some nations it is prohibited for persons under a legally spelt age. In most, if not all, countries pornography is prohibited and should not be shown to children; the countries also have illegalized use of children in acting pornographic films and such crimes are severely punishable and attract long jail terms (Luder, Pittet, Berchtold, Akré, Michaud & Surí 2011).

Within the frameworks of social security administration, different governments have come up with policies and practices that give their public the confidence that they will attain justice within the system of administration available. For instance the United States through social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI), assures complainants that they will have their cases handled effectively and justice be protected within the country. Information has been regarded as one of the main parameter of social justice that the government should protect as well as dispense to the people at the right time to remove chances of ignorance in the country. However when the issue of online pornography is concerned there seemed to have some slowed rate of implementing of systems that directly address the issue (Cant & Standen, 2007).

Child Pornography Prevention Act 1996

The bill was introduced into the House of Commons by Senator Hatch and was signed into law by President Bill Clinton; the administrative law aims at protecting children from early exposure to sexual activities or having them engage in pornographic matters. One of the elements of on-line pornography is that it is very addictive and it is hard to escape from, most the sites are accessed free of charge and in some cases appear as pop ups when one is surfing the internet. The bill in 18 U.S.C. 2252A enacts some punishments to those people who are seen portraying some pornographic materials to minors or the so called identifiable minor”. According to the section, the courts can sentence such a person to mandatory prison sentences of at least 15 years for display, possessing and portraying pornographic materials to children (Bolick,1997). On-line pornography comes in form of photos which are sexually suggestive in nature; these may include women with bare breast, women whose thighs are left open up to the level where their pants show and even totally naked women and men who are in the act of the crime. The extent of the exercise was portrayed in Operation Rip Cord – September 1997, were 120 people were arrested and aligned in court with the offence of posting pornographic photos over the internet (Ivory, 2006).

On-line pornography is full of vulgar contents which make them easy to identify, sometimes it may not involve nude people but they are also represented in a way that stimulates one’s erotic feelings. Most online pornographic pictures and literatures have their own exclusive sites where they can be accessed (Ivory, 2006). The sites are updated with all types of pornographic photos to attract lots of attentions. The most striking feature of on-line pornography is that it contains photos of carefully and critically selected beautiful women who are used commercially to attract the attention of potential customers. This may also end up being accessed by people it is not intended to (Draine, Wilson & Pogorzelski, 2007).

Administrative laws enacted to prevent the spread of online pornography

With the alarming rate of increase in online pornography, the FBI conducts On-line child pornography raids in 20 cities on December 11, 1996, the operation assisted the country get to nab some of the people who were behind the scenes. When preventing online pornography, there is need to have the coordination of criminal justice systems players; criminal justice system is made up of three major players: law enforcers, courts, and corrections. Adoption of technology in criminal justice system has been slow however; technology has assisted the system players to undertake their duties effectively; there should be systems that check the materials that children access over the internet. Scientific innovations and technological development have led to improvement in service delivery. Crime trend has also changed with technology, calling for improvement in criminal justice technology (Offra, 2009).

Another method of preventing kids from pornography is the use of search engines that are friendly to the kids and have less chances of being used by pornographic advertisers. An example of such a search engines is “Ask” which is designed specifically for kids. Parental control and guidance is necessary when kids are viewing on the internet (Thompson, 2007).

The government has a role to play in prevention of on-line pornography. One of way that the government can employ in its fight with on-line pornography is the development of partnerships between the government and law enforcement agents. The government should pay attention to detection and investigation of the illegal advertisers and they should be prosecuted (Meslar, 1990).

Public safety education should be provided to all age groups to provide them with the necessary information that will help them recognize and prevent such crimes. Most of the individuals involved in pornography do it out of pleasure and they do not know the negative effects associated with it. Proper information should therefore be provided (Turner, 2007).

Methods of detecting and prosecuting online pornography

In the case of FREE SPEECH v RENO, U.S. 9th Circuit Court of Appeals, (97-16536) – December 1999, the high court affirmed a decision of a lower court that online pornography extends more that using children as the actors but also posing images that may advocate for sex. Crimes are as old as human race, to maintain social justice and ensure that the entire population is safe; governments maintain a criminal justice system. On-line pornography can be detected by use of an “internet merchant Acquisition and monitoring the best practices that is distributed by the federal Deposit Insurance Corporation (FDIC)” (Thompson, 2007). This is aimed at preventing commercial child pornography. This makes it difficult for the traders to benefit from online pornography (Thompson, 2007).

There is a US based “Cyber angels” with about 40 members whose work is to report suspicious sites. Other countries have formed foundations between the police and internet providers which run hotlines where anyone can report cases of any potentially prohibited materials. Databases have been formed to enable police to identify victims and perpetrators.

In most countries pornographic perpetrators are never prosecuted and those who prosecute impose light penalties. In Holland if one happens to take materials that are legal in that country but are obscene in other countries one can be arrested by the police and penalties imposed on him/her. These penalties vary according to age of the prosecuted, intention one had while dealing with the crime and the damage caused as a result of the crime (Thompson, 2007).

New York v. Ferber 458 U.S. 747 (1982) case was decided to include even photographs and other pseudo-photographs as part of pornographic materials that children should be protected against; the constitution allows for such precedents to be adopted as law in the country. Parents have a role to play in the efforts to reduce the growth of watching pornography among their children; they should ensure that they understand their children and teach then the right moral standings. Current living standards where parents are busy working is one challenge that faces moral standing of their children, they should structure their time in such a way they offer guidance to their children (Ropelato, 2010).

Conclusion

Social administrative laws aim at maintaining civil justice; governments have the role of maintaining effective systems that address issues facing their country. Section 18 USC 2252 and Child Pornography Prevention Act 1996 protects children from pornographic materials; the two administrative laws are also supported by judge precedent cases on the matter. On-line pornography can be defined as the overt representation of literature, films or photos that has erotic stimulation effects on individuals who get into contact with them through the internet. Pornography in all of its forms is meant to stimulate erotic feelings as opposed to emotions; it’s a challenge to administration of justice. The distinguishing characteristics of pornography include amongst others the fact that it never portrays women’s attractiveness in terms of intelligence, humor, and character. Some governments and parents have attempted to prevent access to the pornographic materials via online. These are done through certain measures including but not limited to people employed or volunteers who report on online pornography.

References

Bolick, C. (1997). Civil rights and the criminal justice system. Harvard Journal of Law & Public Policy, 20(2), 391.

Cant, R., & Standen, P. (2007). What professionals think about offenders with learning disabilities in the criminal justice system. British Journal of Learning Disabilities, 35(3), 174-180.

Craddock, A. (2004). Estimating Criminal Justice System Costs and Cost-Savings Benefits of Day Reporting Centers. Journal of Offender Rehabilitation, 39(4), 69.

Dean, B., Weisbrot, M. (2001). Social Security: The Phony Crisis. Chicago: University of Chicago Press.

Draine, J., Wilson, A., & Pogorzelski, W. (2007). Limitations and Potential in Current Research on Services for People with Mental Illness in the Criminal Justice System. Journal of Offender Rehabilitation, 45(3/4), 159.

Ivory, V. (2006). How to Be Forever Free from O.P.P.: Online Pornography Permanently. New York: Outskirts Press.

Luder, M. T., Pittet, I., Berchtold, A., Akré, C., Michaud, P. , & Surís, J. (2011). Associations between Online Pornography and Sexual Behavior Among Adolescents: Myth or Reality? Web.

Meslar, W. (1990). Legalines Civil Procedure. 3d ed. Chicago, Ill.: Harcourt Brace Jovanovich Legal and Professional Publications.

Offra, G. (2009). The effects of viewing online pornography on intimate relationships. Web.

Ropelato, J. (2010). Internet Pornography Statistics. Web.

Thompson, S. (2007). Preventing and Detecting Child Pornography. Best Practices from the Financial Coalition against Child Pornography. Financial Institution letter. Web.

Turner, C. (2007). Ethical Issues in Criminal Justice Administration. American Jails, 20(6), 51.

Wildasin, D. (2008). Urban Public Finance. London: Routledge

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