There has been a lot of controversy about the harm caused by computer-generated child pornography. This article examines the new ways in which technological development has created new concerns about child pornography especially in the context of challenging the concept of “harm” in the existing child pornography law. The author presents and discusses the existing child pornography laws and jurisprudence as well as the relevant arguments raised against it most of which are based on the “harm” caused by child pornography. This concept of “harm” and the different ways it is conceived and understood is analyzed and empirical evidence supporting such harm is presented. However, such concept of “harm” does not necessarily cover computer-generated images but initiates a new discussion about the purpose of prohibiting computer-generated child pornography where no real child is involved, who or what such legislation seeks to protect and whether preventing harm to children and protecting free speech are mutually exclusive in this context.
Jisuk Woo, The Concept of "Harm" in Computer-Generated Images of Child Pornography, 22 J. Marshall J. Computer & Info. L. 717 (2004)