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The Principles of Regulations for a Child-Friendly Cyber-playground Jung, Soon-won* This paper is reviews the Acts and judical precedents of America on regulations for child protection in cyberspace. The Internet was first used in America, and consequently encountered the unprecedented legal problems regarding children. The progress made in the American legal system regarding child protection in cyberspace can thus serve as a guideline for Korea's cyberspace child protection act. This issue is clearly not one that has been addressed by the U.S. alone, due to the very nature of cyberspace, this paper therefore reviews regulations from an international perspective too. In America, formally enacted the "Communication Decency Act(CDA)" in the late 1990's, and the Supreme court delivered seven separate decisions within a 10 year period on the constitutionality of said act. A currently debated issue is the balance between freedom of speech and child protection interests for the enactment of a new act regarding children's protection. This issue is not only addressed by the federal government but also by each state, which can enact their own cyberspace protection laws. It is addressed at a more immediate level by schools and in the home. In brief, it establishes a standard regarding the issue of regulation and whether it is a matter of national-regulation or self-regulation. We usually think of American regulation principles as conforming to the latter. However, it is important to pay attention to the role and responsibility of home, school, society and nation as the subject of obligation for children's protection. Self-regulation is a more effective means of control, because the rights of child custody are based in the home, so it restricts intervention at a national level. The parent is responsible for the regulation of child access to harmful content on the internet. Schools are responsible for the education and care of students, and as schooling is a required public service, they can adequately implement national regulations. Finally, the nation must provide administrative and financial support to the internet service industry, as the national regulation of cyberspace is a physical impossibility. Thus, the effective means of self-regulation is by the internet service provider or its association.


The Principles of Regulations for a Child-Friendly Cyber-playground Jung, Soon-won* This paper is reviews the Acts and judical precedents of America on regulations for child protection in cyberspace. The Internet was first used in America, and consequently encountered the unprecedented legal problems regarding children. The progress made in the American legal system regarding child protection in cyberspace can thus serve as a guideline for Korea's cyberspace child protection act. This issue is clearly not one that has been addressed by the U.S. alone, due to the very nature of cyberspace, this paper therefore reviews regulations from an international perspective too. In America, formally enacted the "Communication Decency Act(CDA)" in the late 1990's, and the Supreme court delivered seven separate decisions within a 10 year period on the constitutionality of said act. A currently debated issue is the balance between freedom of speech and child protection interests for the enactment of a new act regarding children's protection. This issue is not only addressed by the federal government but also by each state, which can enact their own cyberspace protection laws. It is addressed at a more immediate level by schools and in the home. In brief, it establishes a standard regarding the issue of regulation and whether it is a matter of national-regulation or self-regulation. We usually think of American regulation principles as conforming to the latter. However, it is important to pay attention to the role and responsibility of home, school, society and nation as the subject of obligation for children's protection. Self-regulation is a more effective means of control, because the rights of child custody are based in the home, so it restricts intervention at a national level. The parent is responsible for the regulation of child access to harmful content on the internet. Schools are responsible for the education and care of students, and as schooling is a required public service, they can adequately implement national regulations. Finally, the nation must provide administrative and financial support to the internet service industry, as the national regulation of cyberspace is a physical impossibility. Thus, the effective means of self-regulation is by the internet service provider or its association.