Child Porn Bill Reviewed

WASHINGTON, D.C. -- Once again the U.S. Supreme Court is returning to the drawing board to resolve the longstanding argument on how to protect children from exposure to online pornography while at the same time not infringing on First Amendment rights.

The Court will decide whether the government can require adult webmasters to install some form of an adult-only screening system to ensure that children cannot see adult material deemed harmful to them.

According to reports, this is the second time in two years that the high court has reviewed the Child Online Protection Act (COPA), an Internet pornography bill passed by Congress in 1998. So far no law has been enacted and each attempt to pass the Congress-backed bill has met with complex and contentious arguments related to free speech and civil liberties.

The basic premise of COPA, according to the bill's verbage is to "prevent trafficking in child pornography and obscenity, to proscribe pandering and solicitation relating to visual depictions of minors engaging in sexually explicit conduct, to prevent the use of child pornography and obscenity to facilitate crimes against children, and for other purposes."

COPA could have far-reaching implications for the adult world, and according to reports, if enacted, it could mean six months in jail and $50,000 in fines for first-time violators and additional fines for repeat offenders.

The American Civil Liberties Union (ACLU) blocked COPA in 2000, claiming it was a form of censorship and that its terms were so broad that it would outlaw pornographic and non-pornographic material that adults have the right to see.

Most recently, the Supreme Court struck down COPA in March of this year calling it unconstitutional in that it allows the Internet to be "judged by community standards."

The ACLU has been a staunch supporter of adult websites, adult magazine sellers, and other businesses and individuals involved in the online adult and sex industries and sees COPA as a "damper" on free speech.

According to the ACLU, COPA directly targets online pornographers and could possibly make criminals of many people who use the Internet for legitimate, often health-related reasons.

However, from Congress' perspective, COPA is a justifiable means of targeting commercial pornographers. Among the many facets of COPA's terms, the court could target websites that use sexually explicit "teasers" to lure in customers, very often snagging children in their attempt to gain adult subscribers. COPA could also require adult website owners to ask for credit card and contact information before permitting access to adult content.

Among the bill's more argued points, COPA could prohibit virtual child pornography, which includes digital depictions of minors engaging in sexually explicit acts.

"COPA is just as unconstitutional now as when federal courts struck it down in 1999 and again in 2000," said Shari Steele, executive director for the Electronic Frontier Foundation, a civil liberties organization. "We are pleased the United States Supreme Court has agreed to hear the case so that COPA can follow its predecessor, the Communications Decency Act, into the dustbin of history."

President Bush recently made a plea to Congress to take faster steps in protecting children from online pornography.

Bush was quoted as saying: "The Senate needs to get moving and join the House in providing our prosecutors with the tools necessary to help shut down this obscenity, this crime."

Bush announced that he wants to double funding available for undercover chat room investigations from $6.5 million to $12.5 million beginning in October of this year.

"Our efforts to fight Internet exploitation of children extend throughout this government, throughout all levels of government," Bush was quoted as saying.

"It is very important that we prosecute those who manufacture and distribute child pornography," said Joan Irvine, executive director of Adult Sites Against Child Pornography (ASACP). "I am not an expert on the First Amendment or free speech issues, but child pornography is horrific and we need to do everything we can to eliminate it from the Internet. ASACP and many professional adult sites are working very actively to facilitate this."

The Supreme Court's decision on COPA is expected sometime in June, 2004.

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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More