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But couldn't they turn this around and say that they men were being paid for being soldiers or spies? And that by participating in that line of work, they were in essence asking for it?
I'm kind of shuddering to think of what you mean by this. Adults acting in pornographic videos isn't really on a par with torture and abuse of prisoners under military control. That the DOJ thinks the former is worthy of extraordinary lengths to prosecute while they themselves sanctioned the latter was I thought the point of Glenn's post, not that there is any strict equivalence between them.
Nevertheless in answer to another of your questions, about the CPPA of 1996, the parts of the act that were struck down were those that made depictions of sex by minors illegal even in the case that those acting in the depictions were of majority age. The previous anti-child pornography laws, which prohibit exploitation or abuse of minors in the creation of pornography are still very much in effect and people who violate them are aggressively investigated by the FBI and prosecuted.
