COPA Ruling Relied on Filtering Promises

LOS ANGELES —Tuesday’s U.S. Supreme Court’s ruling on the Child Online Protection Act was solely based on technology, adult industry attorneys and Internet experts say.

Technology such as filtering software may better protect children from unsavory material than laws like COPA, the court said in its 5-4 ruling.

“The court opined that filtering and blocking software which parents can install on their computers provides a better means of protecting children from Internet porn than a coercive criminal law,” Los Angeles attorney Gregory A. Piccionelli told XBiz.

Justice Anthony M. Kennedy wrote Tuesday in the court's majority opinion that, "Above all, promoting the use of filters does not condemn as criminal any category of speech."

Kennedy also called COPA a potentially "repressive force" in a free society.

Internet filtering software for years has been tagged as maligned category of technology because it sometimes mistakenly blocked even innocuous material.

But that has changed dramatically, and corporate managers to librarians are embracing filtering to control who sees what on websites and emails.

"Filters have better interfaces and are widely available," Alan Davidson of the Washington-based Center for Democracy and Technology said. "They’re more sophisticated now."

Today's versions of filters can customize rules for viewing sites across the board — for companies to schools to consumers’ homes.

And most experts who have tested filters in institutions and companies say the court’s ruling was on target.

“This is a win for the Internet, and for the Constitution, but it is not a loss for families,” said Judith Krug, director of the American Library Association and Office for Intellectual Freedom and the Freedom to Read Foundation.“Parents who choose to filter their children’s access are exercising parental responsibility. When the government mandates filters, however, it’s censorship.”

But with the ruling Tuesday, some industry officials are still concerned about the “community standard” issue that still faces the online adult business.

Piccionelli said: “The court left unaddressed, however, a critical legal question facing the online adult entertainment industry — whether the determination of what constitutes harmful matter to minors or obscene material is to be judged by local community standards, the requirement since 1973, or by a national standard necessitated by the universal pervasiveness of the Internet.”

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

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying access to services due to a customer’s lawful business activities.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Show More