Home > News > Court Asks for Evidence in ISP-Child Porn Probe • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Court Asks for Evidence in ISP-Child Porn Probe

Court Asks for Evidence in ISP-Child Porn Probe
Get XBIZ News
Nov 17, 2004 10:01 AM PST    Text size: 
PITTSBURGH — The Pennsylvania Supreme Court, ruling in an emergency application, has ordered an evidentiary hearing to determine if a grand jury probe can proceed against an Internet service provider that has been charged with distributing child pornography.

Northampton, Pa.-based Voicenet Communications Inc. and its subsidiary, Omni Telecom, have tried to stop a criminal investigation by stating that investigators wrongly targeted them and violated the companies' rights of free speech.

Lawyers for the companies have argued that ISPs are merely conduits of information found on the Internet and not responsible for the content.

The court’s majority opinion said Friday that a Bucks County judge must hold an evidentiary hearing.

Earlier this year, district attorney investigators from Bucks and Delaware counties, as well as the state’s Attorney General's Office, seized computers and servers from Voicenet's corporate offices.

Authorities said in court documents that Voicenet and Omni distributed child porn on global bulletin board Usenet. The companies sold access to Usenet through software called "Quikvue."

Later, a Bucks County judge who supervises the grand jury denied the company's motion to halt the criminal investigation, which prompted Voicenet to take its case to higher court.

Voicenet asked for reconsideration, saying that a recent federal court ruling determined the government cannot regulate the content of an ISP.

U.S. District Judge Jan E. DuBois ruled in that case that today’s technology can’t be implemented “without excessive blocking of innocent speech in violation of the First Amendment.”

The state enacted a law in 2002 that gave the attorney general the power to fine ISPs up to $30,000 and hand out jail terms of up to seven years to company executives who don’t block customers from viewing anything over the Internet that had been identified by the state as containing illegal content.

The attorney general’s office searched the Internet for child porn and also set up a web page that allowed Pennsylvania residents to report instances of child porn.

The office then sent about 500 informal notices to those ISPs, asking the ISPs to disable their subscribers’ access to the sites, according to court papers. The ISPs generally wrote in response that they had complied with the notice.

The Pennsylvania law, collectively known as §§ 7621-7630, gave an ISP five days to block access to the website after receiving notice.

In Friday’s ruling, the court sided with Voicenet, ordering the county court to hold a hearing.

In a dissenting opinion, Justice Ron Castille said the majority justices' "unexplained about-face will further enmesh us in an unnecessary and ill-advised micro management of the grand jury proceeding."

The case is In Re Bucks County Investigating Grand Jury, No. 119MM2004.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Cam Studios Bring Thriving Community to Models, Consumers

Recently, XBIZ asked some of the top studios what they do to cultivate a thriving cam model community, both within the studio and beyond on social media. Here’s what they had to say: Co-founder... More »

Fierce Competition Breeds Cam Studio Excellence

A combination of elegance and engineering, cam studios operate in a highly competitive environment where slim margins must be maximized through innovation and careful management. XBIZ recently asked a... More »

Quality Network Partners Bolster Cam Studio Success

There is a potent dynamic in the cam world between consumers, models, networks and studios, with each playing a vital role in the forging of this erotic ecosystem. One often overlooked factor is the role... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!