ACLU Challenges Constitutionality of Law Aimed at Online Porn

PHILADELPHIA — Supported by the American Civil Liberties Union, a coalition of website publishers offered opening arguments today in their case against the 1998 Child Online Protection Act (COPA).

The law, which has yet to be enforced, requires adults to use access codes or credit cards to verify their age on websites displaying material considered to be “harmful to children.”

Website operators that fail to comply with the law could face a $50,000 fine and a six-month prison sentence.

Arguing that the law restricts the publication of legitimate material, sites such as Salon.com and Nerve.com filed suit to challenge the constitutionality of COPA.

“The right to free speech is one of the core values of this country," ACLU attorney Chris Hansen said. "Congress does not have the right to censor information on the Internet. Americans have the right to participate in the global conversation that happens online every moment of every day."

Previously, a federal district court in Philadelphia and a federal appeals court found the online censorship law unconstitutional, and the Supreme Court upheld the ban on enforcement of the law in June 2004. The Justices, however, also asked the Philadelphia court to determine whether there had been any changes in technology that would affect the constitutionality of the statute.

In other words, the trial will focus on the issue of the effectives of technologies aimed at protecting children online such as filtering software.

“The government will argue that parents are too stupid to use filters,” Hansen said. “It's an insulting argument, and it's wrong.”

Appearing before U.S. District Judge Lowell Reed, U.S. Attorney Eric Beane told the court that the idea of leaving the filtering option in the hands of parents was tempting but foolhardy.

“The evidence will show that a shocking amount of pornography slips through to children,” Beane said.

In preparation for the case, attorneys at the Justice Department sought and received records from Internet service providers and search engine companies. Only Google refused. The Mountain View, Calif.-based company was later ordered to share 50,000 random URLs by U.S. Judge James Ware, who declined to give the government access to 5,000 search queries, citing privacy concerns.

The trial is expected to last about a month.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Kaela Luna Makes Her TransAngels Debut

Kaela Luna has made her TransAngles debut alongside Parker Savage and Harrison Feels in “Jackhammering Kaela.”

Adult Time Marks April Fool's Day With 5 Satirical Releases

Adult Time is marking April Fool’s Day with the release of satirical scenes from five of its series.

Pineapple Support to Host Autism Spectrum Support Group

Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

Adult Time Wraps Production on Bree Mills' Feature 'Escape From Camp Conversion'

Adult Time has wrapped production on its latest feature, the Bree Mills-helmed "Escape From Camp Conversion," from its Girlcore studio brand.

Daisy Fox Makes Her TeamSkeet Debut

Daisy Fox makes her TeamSkeet debut in the latest episode of the studio series "She's New," titled "A Foxy Little Newcomer," with Nicky Rebel.

Elizabeth Skylar Performs Her 1st B/B/G in Latest From New Sensations

Elizabeth Skylar has performed her first B/B/G in the latest scene from New Sensations, with Codey Steele and Milan Ponjevic.

Show More