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

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers of the inaugural Adult Game Fest virtual trade show have announced the nominees for their inaugural awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Show More