Court Asks for Evidence in ISP-Child Porn Probe

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.

Copyright © 2025 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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More