Earlier quoted context omitted.
"Pornography or porn is the portrayal of explicit sexual subject matter for the purposes of sexual excitement ." "In the case of the body scanners, images are taken, thus it is pornography, and a crime." Please read the whole sentence before saying it is a crime, unless you are implying all TSA employees enjoy sexual excitement while watching their screens.
It has the potential for sexual excitement which is all that really matters. The images are there and can potentially be copied by someone that does have intention of using them for sexual excitement. Unless you've been living under a rock for the past 20 years (or possibly not in the US, I guess), you should know how quick-triggered the US gov't is on potential child pornography and would be in this case if they wer…
Nope, its an important factor sure. But not the only factor - or even the most important.
Why don't you try putting an ad in your local paper for random children to pose nude for you
Maybe it wouldn't work in that way exactly; but you can take pictures of children if they have serious artistic value (I cant remember the exact wording).
I wouldn't advise trying it though.
CP laws are, as with all computer crime, all about intent :)