ISP Files Federal Suit to Return Servers

IVYLAND, Pa. – A lawsuit that raises questions about the legal rights and responsibilities of Internet service providers, or ISPs, when their subscribers allegedly trade in child pornography is proceeding in Bucks County, Pa.

In the suit filed in U.S. District Court, Voicenet Communications Inc. and Omni Telecom Inc. claim that investigators who raided their offices and seized several computer servers in January violated their rights and the rights of their innocent subscribers of Quik Vue.

They say the raid effectively shut down a portion of their business.

No criminal charges have been filed but investigators said in court filings that they want to examine lists of Quik Vue subscribers.

The suit seeks an injunction ordering the return of the servers, alleging that the raid and seizure "constitute an impermissible prior restraint of free speech."

The attorneys representing Voicenet and Omni Telecom have accused prosecutors of ignoring a federal law that generally protects ISPs from criminal liability when their systems are used to disseminate child pornography without their knowledge.

Authorities also violated the Pennsylvania Internet Child Pornography Law since the law includes explicit protections for ISPs, the attorneys said. Under the law, ISPs must be notified by the state Attorney General of the existence of alleged child pornography on their systems and "must be given a chance to disable, block or remove the pornography within five days or face criminal prosecution."

For $9.95 a month, Quik Vue offered access to a search tool that would scour electronic bulletin boards for millions of “uncensored” movies and photographs. The promise was “an all-you-can-eat taste of the Internet gone wild!"

Voicenet said that Quik Vue merely allowed customers to easily access files posted in discussion groups on Usenet, a system of electronic bulletin boards. Executives at the companies said they didn’t know that their system was being used to access child pornography.

The seizure of Voicenet's servers was the first time a Pennsylvania law enforcement agency has stopped an Internet firm from facilitating access to child porn, attorneys said.

But it isn’t the first case of its sort in the nation.

Investigators in New York pressed criminal charges against a pair of ISPs in 1998 for allegedly failing to block access to Usenet groups that contained child pornography. Buffalo, N.Y.-based BuffNet, pleaded guilty to a misdemeanor charge of criminal facilitation in 2001 and paid a $5,000 fine.

And a federal judge imposed a tougher penalty on a Texas couple convicted in 2000 of operating a service that gave subscribers passwords to overseas websites containing child pornography.

That multi-agency investigation, called Operation Ore, has expanded to Europe with Operation Predator. A judge sentenced Thomas Reedy to life in prison. His wife, who helped run the business, received 14 years.

Prosecutors said that even though the couple didn't post child pornography themselves, they knowingly facilitated access to it and shared their profits with the websites responsible for the illegal material.

The case is Voicenet Communications Inc. vs. Pappert, 2004 U.S. Dist. LEXIS 6429.

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

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

APClips Names Avery Jane 'Creator of the Month'

APClips has named Avery Jane its Creator of the Month for March.

JustFor.fans Offers Gumroad Users Platform to Sell NSFW Artwork

JustFor.fans (JFF) is offering Gumroad users a platform to sell NSFW artwork after the latter banned adult content.

Live Cam Academy Offers Free Access to Educational Resources

Live Cam Academy is offering its educational resources for free to content creators and cam models.

Show More