Wall Street Journal Holds Debate on COPA

NEW YORK — With lawyers for the ACLU and the Department of Justice squaring off in a U.S. District Court in Philadelphia for the trial to determine the constitutionality of the 1998 Child Online Protection Act (COPA), the Wall Street Journal recently asked whether more laws were needed to protect children on the Internet?

To answer the question, the newspaper invited a child protection advocate and a 1st Amendment lawyer to debate the merits of the law that — if enforced — would require adults to use access codes or credit cards to verify their age on websites displaying material considered to be “harmful to children.”

Noted 1st Amendment attorney John Morris, who led the successful legal challenge to defeat the Communications Decency Act, a COPA predecessor, made the case that COPA, which also imposes a $50,000 fine and six-month prison sentence for webmasters who fail to comply, should be declared unconstitutional. Opposing Morris in the email exchange, Richard Whidden of the National Law Center for Children and Families, argued in favor of the law.

Whidden began the dialogue by saying that despite the use of filtering technology to protect children online, the incidence of kids being exposed to adult content on the Internet continues to rise.

“Clearly, the experiment of filtering advocated by some is not the panacea in protecting the innocence of children from unwanted exposure to sexual material or unwanted solicitations,” Whidden said. “We must go beyond filters and laying the burden solely on parents. Government, parents and the Internet industry should take another hard look at protecting children online and provide law enforcement the tools to investigate and bring to justice child predators and child pornographers.”

While Morris agreed that protecting children online was of critical importance, he took a more pragmatic approach to COPA.

“A majority of the sexual content on the Internet is outside of the U.S. and thus beyond the effective reach of U.S. law,” he said. “The most effective way to protect kids online is for parents to use filtering tools, which guard against sexual content wherever it is located.”

To read a full copy of the email dialogue, click here.

Copyright © 2026 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

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Climaxx Media Launches Networking Platform

Climaxx Media has officially launched its new networking platform.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

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

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Show More