Another Appeals Court OKs Internet Ban for CP Defendant

WASHINGTON — Another federal appeals court has decided that an Internet ban is appropriate for defendants who possess or distribute child porn.

Last week’s ruling in U.S. vs. Love at the U.S. Circuit Court of Appeals in Washington, D.C., joins an emerging consensus among the circuits that a complete ban is necessary. The 2nd, 3rd, 5th and 8th Circuits previously have issued the same conditions for perpetrators.

Allen G. Love pled guilty to transporting or shipping material involving child pornography in violation of 18 U.S.C. §§ 2252A(a)(1) and 2256 (2006). On appeal, he challenges the district court's application of a sentencing enhancement, as well as some of the conditions of his supervised release.

But Love argued that the condition was overbroad in light of the widespread use, presence and need for the Internet in everyday life. His attorney, federal public defender Beverly Dyer, urged a more tailored condition that would ban only electronic communication involving prohibited sexual material, or, alternatively, would require the Probation Office to monitor his Internet use remotely.

But the court, in an opinion written by Judge Thomas Griffith, said the condition in this case was “eminently reasonable” and that the Internet ban was properly tailored to Love’s offense and background. Love not only distributed child pornography, said the court, but he also solicited sex with an undercover officer’s fictitious daughter.

“Consensus is emerging among our sister circuits that Internet bans, while perhaps unreasonably broad for defendants who possess or distribute child pornography, may be appropriate for those who use the Internet to ‘initiate or facilitate the victimization of children,’” Griffith wrote. “The distinction is grounded in the simple proposition that when a defendant has used the Internet to solicit sex with minors, `the hazard presented by recidivism’ is greater than when the defendant has traded child pornography.”

The panel noted the federal Probation Office will have discretion to tailor the prohibition to the technology in use when Love gets out of prison. Love received a sentence of sentence of 188 months’ imprisonment, followed by supervised release for life.

Joan Irvine, ASACP’s CEO, told XBIZ that children "need to be educated and monitored to insure they understand the dangers of predators online and know how to deal with the situation if they are approached."

She also said that long before the Internet, child predators continued to find ways to victimize children and that many companies have systems in place to guard against child porn distribution.

“Perhaps the Internet has made that easier, but MySpace and other social networks already have procedures in place to ban child predators,” she said. “The key to online child protection is making sure parents take an active role in their children’s Internet experiences.”

The case is U.S. vs. Love, No. 07-3140.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NATS Launches Integrated Content Management System

Too Much Media (TMM) has rolled out an integrated, no-charge Content Management System (CMS) to its NATS platform.

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Reena Sky Launches New Paysite

Reena Sky has launched her new official paysite, ILoveReenaSky.com.

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2025.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Show More