Child-Porn Blocking Law Tossed by U.S. Court

PHILADELPHIA —A federal judge on Friday tossed a Pennsylvania law that required Internet service providers to block customers from viewing child porn.

U.S. District Judge Jan E. DuBois said that today’s technology can’t be implemented “without excessive blocking of innocent speech in violation of the First Amendment."

“[The state] is permanently enjoined from taking any action against an ISP for failing to comply with an informal notice or court order issued pursuant to the Internet Child Pornography Act,” DuBois wrote.

The state enacted the law in 2002 that gave the Attorney General the power to fine ISPs up to $30,000 and hand out jail terms of up to seven years to company executives who don’t block customers from viewing websites that had been fingered by the state as containing illegal content.

The Attorney General’s office searched the Internet for child porn and also set up a web page that allowed Pennsylvania residents to report instances of child porn.

The office then "sent about 500 informal notices to the ISPs through whose services the offending material had been accessed, asking the ISPs to disable their subscribers' access to the sites. The ISPs generally wrote in response that they had complied with the notice," according to court papers.

The Pennsylvania law, collectively known as §§ 7621-7630, gave an ISP five days to block access to the website after receiving notice.

With the ruling, lawyers for the state said the technology exists for ISPs to block selectively and blamed Internet companies for not wanting to upgrade their systems.

They also argued that "a URL is neither a person, nor a real forum, nor a limited commodity," and that blocking access to web sites doesn’t interfere with free speech.

"Disablement of an ISP's customers' access to a particular URL for even an indefinite time does not implicate First Amendment rights," state attorneys said in a brief.

But lawyers for the Center for Democracy and Technology and the American Civil Liberties Union argued the technology used to block those websites was less than on-target.

CDT attorneys said that 1.5 million websites that don’t contain child porn have also been blocked since the attorney general's office started sending out notices to ISPs in April 2002.

The case is Center for Democracy and Technology, American Civil Liberties Union of Pennsylvania and PlantageNet Inc. vs. Gerald Pappert, Attorney General, No. 03-5051.

Copyright © 2024 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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More