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

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

Show More