Wall Street Journal Holds Debate on COPA

NEW YORK — With lawyers for the ACLU and the Department of Justice squaring off in a U.S. District Court in Philadelphia for the trial to determine the constitutionality of the 1998 Child Online Protection Act (COPA), the Wall Street Journal recently asked whether more laws were needed to protect children on the Internet?

To answer the question, the newspaper invited a child protection advocate and a 1st Amendment lawyer to debate the merits of the law that — if enforced — would require adults to use access codes or credit cards to verify their age on websites displaying material considered to be “harmful to children.”

Noted 1st Amendment attorney John Morris, who led the successful legal challenge to defeat the Communications Decency Act, a COPA predecessor, made the case that COPA, which also imposes a $50,000 fine and six-month prison sentence for webmasters who fail to comply, should be declared unconstitutional. Opposing Morris in the email exchange, Richard Whidden of the National Law Center for Children and Families, argued in favor of the law.

Whidden began the dialogue by saying that despite the use of filtering technology to protect children online, the incidence of kids being exposed to adult content on the Internet continues to rise.

“Clearly, the experiment of filtering advocated by some is not the panacea in protecting the innocence of children from unwanted exposure to sexual material or unwanted solicitations,” Whidden said. “We must go beyond filters and laying the burden solely on parents. Government, parents and the Internet industry should take another hard look at protecting children online and provide law enforcement the tools to investigate and bring to justice child predators and child pornographers.”

While Morris agreed that protecting children online was of critical importance, he took a more pragmatic approach to COPA.

“A majority of the sexual content on the Internet is outside of the U.S. and thus beyond the effective reach of U.S. law,” he said. “The most effective way to protect kids online is for parents to use filtering tools, which guard against sexual content wherever it is located.”

To read a full copy of the email dialogue, click here.

Copyright © 2024 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

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo are partnering to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Show More