Justice Department Trying to Revive COPA

PHILADELPHIA — Government lawyers tried Tuesday to revive the Child Online Protection Act, a 1998 law designed to keep online pornography away from children.

The law never has been enforced because sexual health sites, Salon.com and other web publishers sued and won a temporary injunction that the U.S. Supreme Court later upheld. The law was declared unconstitutional with a permanent injunction last year, and that decision was appealed by the Justice Department.

COPA would make it a crime for web publishers to let children access material deemed "harmful to minors" by "contemporary community standards." The sites would be expected to require a credit card number or other proof of age. COPA does not cover chat rooms, You Tube and other interactive sites that emerged since it was passed. Penalties include a $50,000 fine and up to six months in prison.

The 3rd U.S. Circuit Court of Appeal judges hearing the current case have questioned whether COPA would be effective, given estimates that half of all online porn is posted overseas, beyond the reach of U.S. law.

Lawyers with the American Civil Liberties Union, representing Salon.com and other sites that initially challenged the law, argue that Internet filters block 95 percent of offensive content, and can be set to match a child's age or a parent's judgment.

But only half of all families use them, Justice Department lawyer Charles Scarborough countered.

"If there is nothing that works perfectly here, why not go with the thing that least offends the Constitution?" Judge Thomas L. Ambro asked.

Scarborough argued that the nation needs "a belt and suspenders approach" to the complex problem.

The three-judge panel did not indicate when it would rule.

Related:  

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

OurDream.ai Debuts New Porn Generator

OurDream.ai, an AI porn-generating platform, has launched an upgraded version of its AI engine.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters by country in February and March.

BranditScan Launches 'Referral Rush' Promo

BranditScan has launched its Referral Rush promotion for creators.

2025 AltStar Awards Nominees Announced

Nominations have been announced for the 2025 AltStar Awards, aka the AltPorn Awards, presented by Bad Dragon.

AI Erotic Storytelling Platform 'AIEroticSmut' Launches

AIEroticSmut.com, a DIY erotic storytelling platform, has officially launched.

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Show More