Paroline: The Damages and the Damages Done

The purpose of this paper is examine how the current federal restitution statute and the Supreme Court’s decision in Paroline v. United States sabatoges financial recovery for victims of child pornography; and how Congress ¾ which clearly wants to provide for these victims could find the answer in copyright law. Part I of this article frames the current breakdown of justice for victims of child pornography using “The Brothers of Nablus,” story, found in the Bible. Part II deconstructs the sharply divided and complex Supreme Court plurality decision in Paroline v. United States, Part III analyzes the confusing aftermath of the Paroline decision, and the inconsistent recoveries that have resulted across the country. Part IV offers an alternative solution to the problems created by Paroline, by proposing that Congress pass a law granting victims a copyright in the media created by their assailants. Further, this section explains that copyright law provides a much larger arsenal of legal protections and tools for victims. Part V details this proposal, and why offering an alternate ending to “The Brothers of Nablus” story is not restores power and resources to these victims, but deals with their victimization in a more honoring way