Footnotes

1.
The term "Cyberspace" is used here to include all forms of electronic communication, including Internet, USENET, Bulletin Board Systems, newsgroups, and e-mail systems, although the more precise terms will be used in particular contexts.

2.
Mark D. Rasch, "Criminal Law and the Internet", 1996, The Internet and Business: A Lawyer's guide to the Emerging Legal Issues, Computer Law Association.

3.
R. v. Butler, [1992] 1 S.C.R. 452.

4.
R. v. Butler, [1992] 1 S.C.R. 452.

5.
Most courts agree tht there is no "unambiguous evidence" that obscene materials cause increases in the number of undesirable behaviours performed by consumers of the material. Some of the research is too poorly done to allow conclusions to be drawn from the results. But even in the research that employs acceptable standards, there are studies in which exposure to the materials leads to increases in undesirable behaviours, studies in which exposure leads to decreases in undesirable behaviours, and studies in which exposure has no measurable behavioural consequence.

However, there is no agreement about the circumstances that determine whether exposure will cause an increase (activation), cause a decrease (catharsis), or have no effect (null). One would not want to facilitate exposure in conditions in which exposure increases the incidence of undesirable behaviours, but one equally would not want to prevent exposure under conditions in which the denial of exposure increases the incidence of undesirable behaviours.

6.
Sopinka J. "Freedom of Speech and Privacy in the Information Age", Address to Queen's University Faculty of Law, November 21, 1996.

7.
U.S. v. Thomas, No. CR-94-20019-G (W.D. Tenn., 1994).

8.
Shari Steele, "Taking a Byte out of the First Amendment: How Free is Speech in Cyberspace?", Spring 1996, 23(2) Human Rights, American Bar Association's Section of Individual Rights and Responsibilities, gives more information regardin this case.

9.
ACLU Department of Pulic Education, "Why the ACLU Opposes Censorship of `Pornography'", December 11, 1994.

10.
Donald P. Judges, "When Silence Speaks Louder Than Words: Authoritarianism and the Feminist Antipornography Movement" (1995) 1 Psychology, Public Policy, and Law 643-713.

11.
American Booksellers Ass'n v. Hudnut, 475 U.S. 1001 (1986),aff'g 771 F.2d 323 (7th Cir. 1985).

12.
Zachary Margulis, "Canada's Thought Police", March 1995, Wired Magazine.

13.
MacKinnon's emphasis on the theory that exposure to erotica increases the level of unwanted behaviours men direct towards women overlooks a concern expressed by other women. In particular, some women experience lack of consortium when their conjugal partners acquire the habit of masturbating to erotic videotapes instead of sharing sexual congress with real women.

14.
R. v. Stroempl, Heard September 21, 1995 (Ont. C.A.).

15.
Henry Hess and Michael Grange, "Bernardo's Ex-Lawyers Charged", Hanuary 24, 1997, The Globe & Mail.

16.
Mary Gooderham and Brian Laghi, "Tracking High-Tech Pedophiles", December 14, 1996, The Globe & Mail", note that about a dozen charges were laid in Ontario.

17.
The Pecciarich decision will be discussed later in this paper.

17.
The Hurtubise decision will be discussed later in the paper.

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