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

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Introduces 'AI Video Description Generator' Feature

Tube Sites Submitter has introduced its new AI Video Description Generator feature for its platform.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Show More