I've read the documents on Smoking Gun.
No, nudity alone isn't considered pornography.
I guess the context that the image was found is counts as well.
Although Congress was considering a bill recently to make it illegal for a legal aged person to portray someone as under-age in a way that, if you were to do with someone that was really under-age, would land you in jail.
It has Susuan Sarandon and Brooke Shields, among others.
It was taken by Gary Gross, an American fashion photographer, who took a series of photographs that would become one of the most controversial collections in history.