In Big Win for Online Adult, U.S. Justices Won't Hear COPA

WASHINGTON — U.S. justices on Wednesday, without comment, let stand a federal appeals court decision that ruled unconstitutional the Child Online Protection Act, known as COPA.

COPA has never taken effect, but it would have authorized six-month jail term and fines up to $50,000 for the crime of placing material that is "harmful to minors" within the easy reach of children on the Internet.

It would have required commercial website operators who displayed online adult content to screen out children by requiring a credit card number or adult access code.

“This is a very significant ruling for the online adult industry,” attorney Jeffrey Douglas told XBIZ. “Had COPA been implemented, the industry would have been facing a severe economic burden. Many operators would have been faced to move their businesses overseas and it would have placed the industry in chaos."

The Bush administration argued in its appeal that a lower court ruling “would leave millions of children unprotected from the harmful effects of the enormous amount of pornography on the web.”

The American Civil Liberties Union challenged COPA immediately in 1998, arguing the law in its many different forms is unconstitutional. The ACLU and others claimed that COPA’s requirements would limit adults’ 1st Amendment rights.

The Supreme Court in 2004 stopped the law from taking effect, ruling that the law would restrict adult access to constitutionally protected material. The 5-4 ruling said that blocking and filtering software might be a less restrictive and more effective way to limit youth access to online adult content.

That decision sent the case back to the lower court level to consider the effectiveness of filters in more detail. The 3rd U.S. Circuit Court of Appeals concluded that filters “are more effective” than the law because they give parents more flexibility to block websites.

The Supreme Court also considered COPA in 2002, when a splintered court rejected a challenge that relied on a different legal theory.

COPA marked Congress’s second attempt to cordon off minors from sexually explicit pictures, videos and writings on the web. The Supreme Court struck down an earlier law, known as the Communications Decency Act, in 1997.

Joan Irvine, CEO of ASACP, told XBIZ that the two best methods to protect children from online adult content is filtering and parental responsibility.

"Last week the Internet Safety Taskforce, which consists of 49 state attorneys general as well as executives from Facebook, MySpace, Yahoo, Verizon and AOL and was founded by Harvard University's Berkman Center for Internet and Society, presented findings of a year-long research on the topic," Irvine said.

"According to this report a reliance on mandatory age verification could actually leave our children less protected online. Instead, a multilayered approach encompassing education, empowerment and enforcement would be a more effective method of keeping kids safe," she said.

"The industry already is doing its parts by labeling with ASACP’s Restricted to Adults — RTA Website Label," she said. "There are more than 10 billion hits daily to pages labeled with RTA. So if parents use one of the many parental control systems, their children would not unknowingly be exposed to age-inappropriate content."

The case is Mukasey vs. ACLU, 08-565.

Related:  

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 Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More