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COPA Worse Than Censorware?

Slime-dogg writes: "Looks like the feds are trying to pass a law to ban posting of erotica on-line." The law, COPA, isn't really news. What's news is that the ACLU is arguing that censorware is "less restrictive" than simply criminalizing sexual content. Essentially they are telling the court, "You should not allow COPA because, instead of banning sex, the government could install censorware and that would be better." Legal arguments by definition must be practical, so I see where the ACLU is coming from, but many will interpret this as green-lighting government-mandated censorware.

155 comments

  1. Just get rid of the popup windows on exit. by Anonymous Coward · · Score: 1

    Hell, those damned pop-up windows on exit from the sites are far more annoying than the content!

    1. Re:Just get rid of the popup windows on exit. by Greg+W. · · Score: 2

      Hell, those damned pop-up windows on exit from the sites are far more annoying than the content!

      Turn off Javascript! Especially if you're using Netscape 4.x and have cookies enabled -- there are known security exploits.

  2. Re:free speech by Anonymous Coward · · Score: 1

    Huh? Children have restricted rights. As a parent, I get to control what they watch, what they say (I can wash their mouth out with soap if they curse), how they dress. I get to control whether or not they get a tattoo, piercing, or whatever. They don't get to drink alcohol, vote, drive, go to certain movies, etc. My responsibilities as a parent of MY children trumps many of their "Constitutional Rights". They do NOT get to do whatever, whenever, or however they please until they are of the age of majority. Period.

  3. Re:Children's rights by Anonymous Coward · · Score: 1
    that moral agency is some sort of binary switch the state and society recognise as being activated at age 18...

    To me, this is one of the basic problems in many contemporary socities. For the record, I'm fourty but I still remember the kind of BS that I went through as a teenager.

    The basic problem is that young teenagers have a lot of responsibilities, but no clearly defined rights. To my way of thinking, this is not a good lesson for young people simply because it encourages them to deceptive.

    When I was a teenager, I didn't discuss most things with my parents. The reason why is simply because I knew that they would come un-glued if I even mentioned certain subjects.

    When I wanted advice, I would always ask my favorite aunt - she didn't make judgements about my behaviour or attitudes. The basic result of this is that my parents really never knew what I was thinking.

    If teenagers don't have rights to match their responsibilities, then we shouldn't complain if so many of them grow up to become adults with no sense of responsibility.

    To me it seems that there is a need to define a series of stages, where as you reach a certain age, your rights and responsibilities are both increased in parallel, and that these are well defined for young people so that confusion can be avoided.

    That makes a lot more sense to me than the current situation where your supposed to suddenly make the "binary" switch at 18 and become a mature and responsible adult even though a signifigant number of adults that you know have been treating you like a kid for the last ten years. You might be strangling my chicken, but you don't want to know what I'm doing to your hampster.

  4. COPPA != COPA by Anonymous Coward · · Score: 1

    Just because they have similar acronyms and are both poorly designed laws ...

    COPPA: "children's online _privacy_ protection"
    COPA: "children's online protection" (aka CDA2)

  5. This still leaves my question unanswered... by Anonymous Coward · · Score: 1

    What if I were to draw my own pornographic material(i.e. hentai), and view it? I'm under 18, and so wouldn't it be illegal for me to give myself pornographic material?;)

    1. Re:This still leaves my question unanswered... by spectral · · Score: 1

      we better sue the pencil companies for allowing you to do such things! and we have to make sure to get rid of the paper companies too.. hmm. Looks like microsoft might have another lawsuit on it's hand, it gives you a drawing program to do such an act with.

      What if you were to just take a picture of yourself (an indecent picture) and put it up on the internet? now you can be smacked for child pornography too..

      anyway, what if I was a parent and I thought it hurt my children to be abnormally DENIED the ability to express/satiate their obvious hormonal needs/desires for sexual material? The government now knows better than I exactly how to raise my child.. I can't wait until the women just become birthing machines and then the children are taken away to mass daycare centers where they're grown into nice little obedient americans to work for the government.

      Also, what's so magical about these ages? 16 you can have sex, but if you get pictures taken of you or look at any yourself, it's illegal. (what happens if you take a picture of yourself by yourself and look at it? Could mirrors be deemed illegal now?) 18.. now it's legal to have the picture and you can do other things. 21.. even more. Why is it that these magical ages exist.. shouldn't there just be a way to test general maturity, based on prior actions or something? 18 does not mean you're responsible at all, at 15 i was more responsible than half of the 40+ year olds I know. Straight A student, never been in trouble, highly praised and respected by all my teachers for my courtesy, maturity, and helpfulness (Oh, my mac won't turn on! press the triangle key. [Bvvooooooooooom] WOW!)

      anyway.. convoluted message is over now :)

    2. Re:This still leaves my question unanswered... by 1337d00d · · Score: 1

      wouldn't it be illegal for me to give myself pornographic material?;)

      It would be illegal. But if you scanned it into your computer without looking, emailed it to an over-18 friend, and then had them email it back to you in the form of spam, you could view it and act as an 'innocent victim' of the image.

  6. Future president, surely! by rodgerd · · Score: 1

    You are Al Gore and I claim my iron-fisted control over the Internet.

    (You are aware that Al Gore suggested more control over material on the Internet would be a good way of stopping people from getting confused and "making bad decisions" in a speech a view years back, right?)

  7. Re:Privatized censorship an insidious evil by rodgerd · · Score: 1

    But in this case I don't think ACLU is backing a corperate solution, instead they are saying that a number of solutions exist without government intervention

    The problem is that they're lending a de facto weight to privatizing censorship; I realise that in this case they're only trying to use it as a tactic to get the law struck down, but one of the reasons we see US state and federal government efforts to foist commercial products on libraries and schools is because opponents of the CDA used censorware to undermine the CDA - yet the CDA was arguably less damaging to expression that most private filters.

    It isn't about choosing the lesser of evils, it is about keeping the choices in the hands of the individuals not a company or government.

    In a sense, I agree, modulo the rights of minors to be able to explore things their parents don't agree with - if a 17 thinks she's bisexual, I don't see that Fundamentalist Christian parents should exert an absolute right to prevent her trying to get information to help her make decisions - but in a practical sense, one often has to choose between the lesser of two evils.

  8. Re:UN Convention on the Rights of the Child by rodgerd · · Score: 1

    That's because the black helicopters would come for all the children in the US! Beware the One World Government!

    But seriously, I'm impressed that many countries have signed.

  9. Won't happen by erik+umenhofer · · Score: 1

    I don't think anything will come of this. We see things like this happen and I'm sure this isn't the first time and it won't be the last, but still we won't see any actions from it. It'll die out like most of the crusades on the net.

  10. I don't believe it... by Millennium · · Score: 1

    How about the splash screen for every browser simply says;

    PARENTAL GUIDANCE RECOMMENDED!

    Or maybe that should be stamped on every kid's forehead in ink that takes 18 years to come off...


    You know, the hell of it is, your post actually makes a bit of sense. What with today's lazy parents who want to rely on mindless, heartless software rather than doing their jobs as parents, it almost seems as though you have to stamp this warning on every kid's forehead just to remind parents that kids are a responsibility too, and not only that but the single most important responsibility any adult can possibly have.

    Sometimes I wonder if requiring a license to have a kid isn't such a bad idea after all. Make the parents take responsibility in a way that can be legally enforced. Make sure they're not going to be abusive or neglectful. Make sure they at least know the very basics of child care.

    I quickly come to my senses, of course; such a scheme would only create more problems than it would solve. But it's awfully tempting. Surely some way to ensure that any potential parent understands the responsibility and has the basic necessary skills must exist that doesn't trample human rights. I just wish I knew the answer.

  11. Re:Children's rights by cpt+kangarooski · · Score: 1

    Yeah, I don't drink either and I think it's stupid. If it makes you feel any better, blame the Feds, not the state. Most states had their age limits set at 18, but were forced to change it b/c the Feds hold the pursestrings.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  12. Re:What the Hell? by unitron · · Score: 1
    "Find illegal porn producers and bust them...hard."

    The problem with that approach is that someone can be a legal producer of legal porn when and where the porn is produced and 2 or 3 years later find themselves on trial by some politically ambitious district attorney half way across the country in a jurisdiction they've never even physically been in before.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  13. Re:Kicking the pricks by unitron · · Score: 1

    Ever get the feeling that the people who obsess about sex and porn the most aren't necessarily the ones in favor of them?

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  14. Re:Bad articles by unitron · · Score: 1
    "Personally I think that slashdot has some issues that should be discussed in the open with the users."

    Have you tried sid=slashdot, sid=moderation, or sid=metamoderation yet?

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  15. Re:Our view on sex is warped by pen · · Score: 1
    Actually, you can legally view pr0n when you're 18. But you can't drink until you're 21 - you got that right.

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  16. Re:This is how the law works by Kris_J · · Score: 1
    OK, so let's make it fair. Ban use of the internet for anyone under 18. No muss, no fuss.
    How about the splash screen for every browser simply says;

    PARENTAL GUIDANCE RECOMMENDED!

    Or maybe that should be stamped on every kid's forehead in ink that takes 18 years to come off...

  17. Re:Our view on sex is warped by FigWig · · Score: 1

    If I hear one more person say that Americans are too violent I'll bash their fucking skull in!

    --
    Scuttlemonkey is a troll
  18. Re:Our view on sex is warped by Kyobu · · Score: 1

    Yeah, and in England, you can smoke when you're 16, but you can't drink until you're 21. This was frustrating when I was visiting this summer (with my mom, incidentally), because I just wanted a pint. I wasn't going to smash up some cars or anything. However, if I'd wanted to become addicted to tobacco and suffer serious long-term damage, instead of minor short-term damage, that would have been fine.

    --
    Switch the . and the @ to email me.
  19. It's okay... by Red+Leader. · · Score: 1
    I never really liked the First Amendment, anyhow.

    Censorship is good.

    Imposing one's own beliefs on others makes for a better society. Homogeneity makes for a better society.

    We all know those guys (and few gals) over in Congress are so educated and wise... I don't know about you, but I don't think the decisions they make are biased by campaign money. They pick what's right for "the people."

    I like our government. I trust the people who conduct its duties.

    </sarcasm>
    I applaud Justices John Paul Stevens and Ruth Bader Ginsburg. They seem to be the only two who are intelligent enough to remember the founding principles of our [crumbling] democracy. Our country was founded on some very simple principles, and I am utterly disgusted by the conduct of the Congress and Supreme Court for violating those fundamental concepts. I am sick and tired of their preaching, and wasting our nation's time pursuing of their narrow, conceited and undemocratic goals.


  20. Re:Ban Porn Sites! by Sloppy · · Score: 1

    Oh my. I don't know what kind of sick education you got (probably didn't get enough porn as a child), but I feel it is time that you learned: That thing you were whacking, was not a mole!

    Cute euphemism, though.


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    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  21. Re:its odd timing for something like this by Tim+C · · Score: 1

    Ah, but as bad as sofware like CyberPatrol undoubtably is, bringing in laws banning sites that the "moral majority" don't like would be worse. Not just because of free speech issues, or the impossibility of censoring the entire net (unless America were to cut itself off from the rest of it), but because it sets a dangerous precedent.

    Okay, so this year, it's porn sites that are evil and must be destroyed. What will it be next year? Sites "promoting" homosexuality? Some other lifestyle that the "moral" majority doesn't like? Open Source software? ("Look at it! It undermines our entire Capitalist way of life! They're just giving it away!! Think of the poor software corporations!!")

    Yeah, I know I'm paranoid, but it's better to be paranoid and wrong, than complacent and wrong...

    Cheers,

    Tim

  22. Re:Kicking the pricks by Greg+W. · · Score: 1

    It should all be illegal! Immoralizing filth, obscenity, child molesting filth, woman demoralizing. [...]

    Bravo! That is, without a doubt, the best troll I've seen in many a year.

    Keep it up and one day you may be able to play with the negative-karma boys.

  23. Now we are talking by Jeld · · Score: 1


    In the country where people lose virginity at average age of 12-13 and even pre-schoolers play boyfriends/girlfriends they are trying to criminalise on-line porn. What is there to worry about you cannot fuck when you ar 3 years old even if they show you all the porn in the world. Then again that's what technology is for, to make impossible into everyday life.

    --

    Everybody Lies. But it doesn't matter since nobody listens.

  24. god bless pr0n by davek · · Score: 1
    Porn has been around forever. It is the alpha and the omega. I thanked god for the internet when I was 12, because all the naked goodness I wanted was just a click away. Is this morally right? Who knows. The point is that there is no way to get rid of this ability short of government censorship. You can put little clickthrough warnings and other worthless crap like that on there, but it isn't going to stop anyone.

    So what is the answer? The key is, as it usually is, education. The parents must tell their kids about these things. And the parents must educate themselves in how to FRIGGIN USE A COMPUTER if they don't want their little ones to see dirty pictures on the intra. Use web logs, set up a proxy, keep the computer out of the kids room, or if you're really worried, don't give the kid net access.

    This socialist atitute of "the government should raise our kids for is" just makes me sick.

    -davek

    --
    6th Street Radio @ddombrowsky
  25. Look at the date by abelsson · · Score: 1
    Judge: COPA Went Too Far
    by Declan McCullagh
    3:00 a.m. 2.Feb.99.PST

    Is it me stuck in a wierd timevortex, or is this article over a year old?

    -henrik

    1. Re:Look at the date by CaptHarlock · · Score: 1

      Nope the COPA went to far article is just old news. The new news is that the government is trying to fight aginst the ACLU's argument by finding people who dislike censorware to argue that since censorware doesn't work we should amend the consituion to say,
      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. This protection does not extend to the internet.

  26. Bill of RIght Article I by ntsucks · · Score: 1

    How is censorware not a violation free speech? Besides, government operated censorware may start innocently (banning kiddie porn, etc.), but which Americans out there really think the government would not slowly find a way to abuse such power? The first amendment of the Consitution should be enough to prohibit censorware. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." For Americans, read about your Constitutional rights here: Bill of Rights

    --
    Those who can do. Those who can't sue.
  27. Re:How is this true? by Rage+Maxis · · Score: 1

    some of us happen to like porn, and like it alot. Also, one must remember that the internet's fast rise was based on two things: 1) Porn. 2) Research. The whiners, the legislators and the children came later. Along with the big companies and all their associated ruination. What rights does the American Government have in mandating what is/is not displayed on the Internet. Just because a portion of the physicality of the internet lies in the United States, the only thing they can do is control the access points (disallow computers + modems) or remove all physical connections at the countries borders. Attempting to mandate the content in and out of the United States is a futile matter. GREG

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    --- ask me about nihilism, I will have nothing to tell you.
  28. Re:What is wrong?The ACLU is saying that it's A-Ok by bonzo · · Score: 1
    COPA defines material that is "harmful to minors" as:

    [a]ny communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that -- (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manor patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

    Shouldn't the proponents of COPA have to demonstrate that such material is harmful to minors? How exactly are minors alleged to be harmed by exposure to sexuality?

    -bonzo
  29. Re:Why the ACLU is doing the right thing here by Wah · · Score: 1

    I know that labeling isn't a real popular thing around here, but I was thinking of some type of community guided rating system for web pages. As opposed to the absurb idea of 3 or four levels (like MPAA rating, or ever /. moderation..) something like 26 levels, A-Z. Sites would be rated by each person willing to do so. A company or agency would track the ratings and then have software that blocked IPs by a user-set rating limit. Keep everything above board and open and I wouldn't have a problem with it. Having a larger options of ratings would help to smooth out the curve and lead to a more useful system.

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    +&x
  30. Amusing "Foxtrot" cartoon about censorware by Mike+Van+Pelt · · Score: 1

    Jason's mom installs censorware on the "I-Fruit" computer:

    http://www.foxtrot.com/comics/strips/ft000412.gi f

  31. Re:What the Hell? by mpe · · Score: 1

    Very true but the government *can* make it illegal, at least for US citizens, to provide erotic content without some form of age verification

    Dosn't the US have enough organised crime? Hasn't anyone in government there learned anything in the last 80 years?

  32. Re:UN Convention on the Rights of the Child by mpe · · Score: 1

    Not just "most Western nations" - in fact 191 countries have ratified the UN Convention on the Rights of the Child. The only countries that have not are Somalia (not having a government that can do it) and... the United States. Hmm.

    The latter probably wouldn't matter, the US ignores treaties at the whim of it's government.

  33. Re:This is going way too far by Zurk · · Score: 1

    yep. thats the right attitude, IMHO. unfortunately thats a european attitude more than an american one. in the good old US of A thats prolly going to have social services pay you a late night visit. we must protect the children y'see.

  34. Re:What the Hell? by Chandon+Seldon · · Score: 1

    Dosn't the US have enough organised crime?

    Yes.

    Hasn't anyone in government there learned anything in the last 80 years?

    Apparently not.

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    -- The act of censorship is always worse than whatever is being censored. Always.
  35. Re:They will never stop teen porn by Chandon+Seldon · · Score: 1

    Hmmm ... kiddie porn is not about some 15 yo being photographed by her boyfriend. Look, what's the problem if her b/f takes pictures of her? Ok, people might see it, she might be ashamed, ridiculed at worse, and that's it. That's not a crime. What people are talking about here is 10yo or something being raped in front of a camera; quite a different matter. The problem is not so much that there be pictures of the act or not, but instead that the existence of customers for that kind of stuff might encourage the production of it. Quite a different issue.

    Legally they are the same issue. If someone gives you numbers about "child pornography" you get both of the above mentioned types combined.

    Yet another example of how fucked up the US legal system is.

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    -- The act of censorship is always worse than whatever is being censored. Always.
  36. Re:free speech by Leghorn · · Score: 1

    AMEN! What part of "endowed by their creator with certain unailenable rights" don't they understand???

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    ----- Leghorn "Not responsible for program content"
  37. Re:What the Hell? by ronfar · · Score: 1
    Don't get me wrong I'm not a big fan of the porn industry or their very creative java script programmers.
    You should be aware that those pages with the JavaScripts on them are designed to cheat the legitimate pornography providers. To explain, I'll ask if you've ever heard of AllAdvantage.com? Well, if not, I'll explain that they basically have this thing about how you can "earn money for surfing the Web!" Now, they get paid by advertisers for eyeballs (yuck) on ADs, then they pass on a tiny amount of that money to the surfer. Of course, some people know how to write programs to surf the Web for them while they are off watching TV, so they are getting paid but they aren't viewing the ads.

    What does this have to do with porn? Simple, the porn sites want business so they pay other site based on the number of clicks they get (similar to the way AllAdvantage pays based on how active a surfer you are). Somehow, opening or closing those Javascript windows that pop-up count as clicks. In fact, there are JavaScript loops out there that will _never_ get you to real porn, but will just generate clicks for their creators.

    Of course, you'd think that the people behind the pornsites that actually, you know, provide real porn would catch on and quit paying people for click throughs (I'm sure they will, eventually).

    I read this on an online magazine, Salon I think, but I can't find the article now.

    --
    All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  38. Re:What's wrong with a bit of censorship? by _vapor · · Score: 1

    I can't tell if your post is tongue-in-cheek, so excuse me if it is. I know that many people think this way, but I just don't understand it. It's just like saying that since we already are legally required to leash our dogs in public, it's not really a big deal to ask us to leash our kids. There are different kinds of censorship, and while some may be necessary, censorship is not always the best way to deal with a problem. Most people are like me -- we are suspicious about seemingly harmless bits of censorship because of the slippery-slope phenomenon. And I think your reasoning is the type that allows the slope to exist.

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    www.poak.net
  39. Re:What's wrong with a bit of censorship? by _vapor · · Score: 1

    I agree with you. I have very strong opinions about freedom of speech, and I say free speech should be unequivocal. I was probably unclear when I said that some forms are "necessary." What I meant (and should have said) is that some forms of censorship are practical, or perhaps understandable. Sorry about that. ;-)

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    www.poak.net
  40. Re:free speech by _vapor · · Score: 1

    I'm stumped by this as well. But what irks me even more is how legislators (as well as the general public) apparently think that since the internet is accessible by children, then it must be sanitized for them, at the expense of adults' rights. Children can't go to a newstand and legally purchase a Hustler magazine, but that doesn't mean we ban newstands from selling them.

    --
    www.poak.net
  41. Re:What's wrong with a bit of censorship? by _vapor · · Score: 1

    I think that's a valid point, and although we may be leashing the same thing (sex), I think we need to take into account the differences in the distribution of it. For instance, television couldn't show explicit sex because any child can turn on the tv, so the risk is too great that the child would be exposed to it. In the case of the newsstand, there is a built-in filter that (theoretically) wouldn't allow a child to purchase the sexual material. I think the internet is somewhere between these two cases, and therefore I would be reluctant to treat it exactly like either one.

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    www.poak.net
  42. Of birds and bees and watermelon trees by tilleyrw · · Score: 1
    I'm just fiddlin' while Rome burns -- hope my VISA is approved soon so I can go elsewhere.

    The problem with this government is that it does not concern itself with the interests of the citizenry.

    It is all controlled by the 12 major capitalistic scum fucks who run the major corporations of the world.

    We are but roaches on the sidewalk of life -- better not move or you might be stepped on.

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
  43. Re:Why the ACLU is doing the right thing here by reflector · · Score: 1

    Bottom line: Are you willing to sacrifice the future of the entire Internet to avoid the minor inconvenience of a few sleazy pornographers?

    I think you got this part wrong. What you meant to say is...

    Bottom line: Are you willing to sacrifice the rights of all adult Americans to avoid the inconvenience of a few lazy parents having to take responsibility for their own children?

    As Ben Frankin said (paraphrased), "someone who is willing to sacrifice a little freedom for a little comfort is deserving of neither one".

  44. Protect minors! by Kanasta · · Score: 1

    We all just want to protect our minors right? Why waste all this time censoring, enforcing etc. Just ban minors from using the internet. Set up a system that gives prizes for ppl to dob in parents who allow their minors access to the internet. Lock up all those computers and phone lines! Now, the task of enforcement is put onto the parents. Save tax money. Protect the innocent. How perfect is this plan? ^_^

  45. Re:Our view on sex is warped by plague3106 · · Score: 1

    I'll let my kids watch pornos before i start letting them watch violent movies. Of course i suppose anything can be damaging to a child, if the child isn't talked to about it. But then i guess thats where the real problem lies. People like lying to children instead of being honest with them. Thats probably why kids are so fucked up today. Instead of educating parents want to ban. I wish parents would start taking a little more responsibility with raising thier kids.

  46. Re:Our view on sex is warped by plague3106 · · Score: 1

    you can enlist in the Army when you're 17, you can become a stripper when
    you're 18 but you can't drink, gamble or be old enough to look at pr0n until 21.


    I think its 18 for the army; at least thast when i had to register. Most places also use 18 and the age limit for porn, but it can vary city to city. At any rate all of these age restrictions are pointless. Like you're gonna wake up on your 21st birthday and suddenly be able to hanlde drinking more responsibily then the day before. I really don't know why people even care what others are doing. As long as you're not interfering w/me i couldn't give a fuck.

  47. Re:What's wrong with a bit of censorship? by plague3106 · · Score: 1

    There are different kinds
    of censorship, and while some may be necessary,


    Censorship is never nessasry, it is always wrong. Even putting age restrictions on something is censorship. Why? Well, the philosphy here is that children aren't capible of handling it. That philosophy is flawed. Where do we draw the line? Do retarted people not have any rights? Stupid people? Everyone has rights, and our founding fathers believed this. They said you have certain god given rights FROM THE TIME YOU'RE BORN. Unalienable. Meaning there is NEVER a reason to take them away. Even if you're a child molster, handicapped, or a child. Children know when people are trying to control them and they don't like it anymore then an older person would. And i think the more restictive we get about wht children can and cannot do, the worse they will be for it, the more they will lash out about it. We need to TEACH children, not CONTROL them. Education is the solution to all social woes.

  48. Re:What's wrong with a bit of censorship? by plague3106 · · Score: 1

    Well, given that Jefferson wrote "Creator" and you're created before you're actually born (unless I missed something in sex ed), you mean your have the rights AT CONCEPTION, including the right to (in order) Life, Liberty and the Pursuit of Happiness. Those are what's mentioned. Too many people confuse the Declaration and the Constitution. The Bill of Rights are restrictions on government, not a total enumeration of what rights you have.

    Well i didn't mean to quote any one document, i was trying to talk about thier general philosophy of gov't and whatnot, which IIRC they borrowed from Locke, who in turn borrowed from Keyes...if the names aren't right someone correct me, its been over a year since my philosophy of law course :) Basically i think Keyes said that no person may interfere with another person, unless you are acting in a way to stop that person from interfering w/something else . Er something like that anyway. Children seeing porn doesn't create any situation of interferce, and there for there is no reason to bar them from seeing it. Actually i think with that line of thought you can argue that NOT letting them see it is interferce. Hmm...if i remember there is an extreme which you can take this too, but i still think that would be better then the other extreme. About your getting rights at conception, thats a whole other arguement about what makes a human a human that i don't want to get into right here :) Of course if someone wants to, i'd be morethen happy to share what i got out of another class ;)

  49. Re:They said what? by Duxup · · Score: 1

    LOL
    At this rate tomorrow we'll see stories quoting "unnamed sources" about the ice cream and soon see news about "ACLU Supports Dairy Farmers In Struggle Against Ice Cream Oppression!" Then George Bush will come out in favor of ice cream consumption regulation.

    Apologies to my conservative friends, the joke got a bit out of hand.

  50. Re:Our view on sex is warped by awkwardone · · Score: 1

    ...you can't drink, gamble or be old enough to look at pr0n until 21.

    Actually, in most jurisdictions, you can look at pornography at age 18. Only a few states actually make the legal age 21 for purchasing it. I believe there are four of them, and one is Alabama. I don't remember the rest...



    awkwardone
    --
    www.tealeaves.org "All you need is love." -
  51. Re:UN Convention on the Rights of the Child by awkwardone · · Score: 1

    Even Iraq, Iran, and China have signed the Convention, affirming their belief in children's rights and protections. Is that to say that the United States is worse than these less-than-free countries?

    Seriously, I think the only reason why the United States has not signed the UN Convention on the Rights of the Child is because of the Religious Reich fundamentalists who think that this will force them to allow their children to view pornography or make their own decisions, or that it may outlaw corporal punishment. They want to defend their "right" to "raise their children as they see fit" even if that means beating the living hell out of them. There is a great deal of misinformation going around about the Convention, and that is what is keeping the U.S. Senate from ratifying it.

    As long as American lawmakers view anything as a threat to their sovereignty, they will not agree with it. That goes hand in hand with the "American attitude" that we're supposedly superior to the rest of the world, when in reality, we're falling behind.



    awkwardone
    --
    www.tealeaves.org "All you need is love." -
  52. Re:This is going way too far by Lonesmurf · · Score: 1

    Screw you man.

    If my kids want to watch porn in moderation, I think that they should be able to. That's not to say that I condone their watching it, and certainly not before they are mature enough to handle it.

    I don't believe in buffering my kids so much that when they encounter something out of the ordinary, they will be able to handle it and not make like a turtle and hide from the world.

    Rami
    0-0

  53. Re:What's wrong with a bit of censorship? by tweakr · · Score: 1

    It's not the fact of censorship, it's what people have seemed to miss about COPPA!
    The fact of the matter is, and most people seem to have missed this - is that COPPA is NOT just about protecting children from online porn! This legislation (if it survives) affects how ANY site that has content for children will be able to gather/use information. For instance, most people have at one point or another in their childhood life wanted to get that super-cool toy that was advertised on the back of a cereal box - suppose that one of these cereal companies decided to do an online promotional, giving away free toys to kids who came there? They'd obviously have to get basic contact info (name, address) - which, under the COPPA rules, has to be preceeded by the getting of VERIFIABLE parental consent.

    How ridiculous is that? considering that today most kids are more computer literate than their parents, how is one supposed to do this? The FTC actually suggests that organizations ask for credit card #'s, as a way of proving that the parents are who they say are. Puh-lease! Like a parent is going to give up a credit card #, so that they're kid can get a free toy, or sign up for a humor/joke mailing list, etc...

    While I believe that a parent should have some right to control what their kids get into, this is way over the top, IMO.
    Tweakr.

    --
    Worrying works!! 99% of all the stuff I worry about never happens :)
  54. Re:UN Convention on the Rights of the Child by tweakr · · Score: 1

    Do you really think that places such as China and Iraq FOLLOW those conventions, when it's not convenient for them?
    Just because all of these countries have signed on with this means nothing really. I mean, technically, China is a country that supports freedom of religion (yeah, right)....but I dare you to try living over there, as a Christian, per se....
    The fact of the matter is, and most people seem to have missed this - is that COPPA is NOT just about protecting children from online porn! This legislation (if it survives) affects how ANY site that has content for children will be able to gather/use information. For instance, most people have at one point or another in their childhood life wanted to get that super-cool toy that was advertised on the back of a cereal box - suppose that one of these cereal companies decided to do an online promotional, giving away free toys to kids who came there? They'd obviously have to get basic contact info (name, address) - which, under the COPPA rules, has to be preceeded by the getting of VERIFIABLE parental consent.
    How ridiculous is that? considering that today most kids are more computer literate than their parents, how is one supposed to do this? The FTC actually suggests that organizations ask for credit card #'s, as a way of proving that the parents are who they say are. Puh-lease! Like a parent is going to give up a credit card #, so that they're kid can get a free toy, or sign up for a humor/joke mailing list, etc...
    While I believe that a parent should have some right to control what their kids get into, this is way over the top, IMO.

    Twykr. -A conclusion is the place where you got tired of thinking.

    --
    Worrying works!! 99% of all the stuff I worry about never happens :)
  55. How YOU can help. by acarlisle · · Score: 1


    The only problem is that, as has been previously discussed on /., censorware is too flawed to be a viable ``less restrictive means.''

    So, obviously, what we need is GNUwatch, a GPL-ed censorware product. That way we can make a flawless, effective censorware product that parents and libraries everywhere can confidently use to safely block whatever they consider to be offensive material from reaching the eyes of minors or anyone else they service.

    So the obvious solution is for us all to join the fight against indecency and anything that offends anyone TODAY, before any other bad men are allowed to voice their opinions... er... show pornography to our kids!

    1. Re:How YOU can help. by Weezul · · Score: 2

      GNUwatch is a bad idea for many reasons. You are correct that an open source version of a traditional censorware product would not work, i.e. people like to program, but no one wants to enter the URLs of porn sites all day. It might be possible to invent an AI porn monitor service which detected probable porn, refered the page to a center where a human verifies the content is pornography (quickly/under 5 seconds), and can discuss the page with the person who requested it, but such a system would be a bad idea for many other reasons.

      I would go so far as to say we do not want a good porn detection system at all. Actaully, we should try to patent up the good ideas about using AI for detecting porn to prevent the censorware people from using these ideas.

      It's worth pointing out that Libraries have a good porn filter.. put the computer out where everyone can see what your browsing.. and ask people to leave when they bring up porn.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    2. Re:How YOU can help. by unitron · · Score: 3
      The only way for censorware to work perfectly is for humans to view all the sites on the 'Net and decide which age groups should be allowed to see what. No machine, no algorithm, no program, can unerringly make up the lists of sites to block.

      Therefore, for GNUwatch to work, the open source/free software (you know who I mean) community will have to volunteer their services to sort through all the possibly objectionble sites, all the rich panoply of porn out there. Perhaps some sort of distributed effort, a SEXI@home, so to speak, could be implemented. Fellow Slashdotters, it will be your solemn civic duty to wade through Terabytes of firm, perky breasts, pert buttocks, and throbbing steamy lust. Are you "up" to the challenge?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  56. What's wrong with a bit of censorship? by Asparfame · · Score: 1

    Sex is censored everywhere in our society. Why is this something to panic about?

    --

    There's no reason for a sig here.

    1. Re:What's wrong with a bit of censorship? by Asparfame · · Score: 1
      It's just like saying that since we already are legally required to leash our dogs in public, it's not really a big deal to ask us to leash our kids.

      I think a more a better metaphor is it's like saying that since we are legally required to leash our dogs in city parks, it's not really that big a deal to ask us to leash our dogs in national parks. We're really "leashing" the same thing: sex.

      --

      There's no reason for a sig here.

    2. Re:What's wrong with a bit of censorship? by h4v0k · · Score: 1

      The question is, why is it censored? Aside from obvious criminal deviance (involving children, etc) I don't know why everyone can't just relax. Sheesh.

    3. Re:What's wrong with a bit of censorship? by 1337d00d · · Score: 1

      The question is, why is it censored?

      Ummm.. I don't want to be walking down the street, to turn a corner and find JonKatz and whatever he has sex with going at it on the sidewalk.

  57. Amendment: I'll play devil's advocate. by Asparfame · · Score: 1
    Smut is hardly a critical but controversial political opinion, so there is generally no harm in censoring it. I would go so far as to argue that a bit of political censorship is a good thing. It:

    • Saves people the time of having to read through useless "opinions" ("Kill all twinkies!" or something dumb, whatever)
    • It can be used to avoid violence by silencing pro-violence groups.
    • It keeps stupid people from getting confused by opinions they don't understand.
    • It keeps easily shocked people from getting shocked out of sanity.

    --

    There's no reason for a sig here.

  58. Internet = harder to censor by Asparfame · · Score: 1
    Television and Newsstands are relatively easy things for the government to censor from any group (say minors for now), but the Internet is much more difficult. With television and printed media, it is easy to trace the source of the offending material back to the originating company or the distributors.

    On the Internet, this is not always feasable. Thus the government will never be able to fully censor the Internet. That's why there's nothing to worry about.

    --

    There's no reason for a sig here.

  59. This his happened before by DoasFu · · Score: 1

    If memory serves, and it so often doesn't, this argument was one of the principal ideas laid forth in the CDA court battles. The existence of censorware was one of the main thrusts in the court cases, with the plaintiffs arguing that it could take the place of government regulations.

    Ahh, the lesser of two evils...

  60. Re:Parental responsibility by Harri · · Score: 1

    While I thoroughly agree with your point that children don't magically grow up at 21 (18 in the UK), in a democratic country you have to make laws that appease the majority. And seemingly in the US the majority want their children protected, for free, against nasty evil pictures of people not wearing enough clothes.

    Like it or not, the goverment can't turn round and say "Your religious beliefs are a lot of rubbish" especially to a majority or a large, persuasive and vocal minority.

    It would also be really annoying if in 20 years scientists discover that heaven exists, and seeing a picture of a bottom while under the age of 21 significantly reduces your chances of getting there. I'd be stuffed ;)

    In the UK, Sikhs have a right to wear a turban instead of a helmet on a motorbike, because it is firmly against their religion to remove turbans in public. You could hardly say "You must wear a helmet on your bike, because I personally don't think anything terrible will happen to you when you take off that turban".

  61. Re:Bad articles by |deity| · · Score: 1

    Yes, I have, at least the sid=moderation, but most haven't if it isn't discussed where other people are reading it does no good. Thanks for the links though. Didn't mean to sound rude if I came off this way.

    Slashdot is a great diversion form me but even in just the last 8 months or so things seem to have gotten worse. I really don't mind some of the stuff that gets posted. If it's funny or informative even if it's offtopic.

    Take it easy unitron. Later.

    --
    Environmentalists are their own worst enemy. ~tricklenews.com
  62. Re:Bad articles by |deity| · · Score: 1

    I don't know if you really submitted a "Ask Slashdot: What's Wrong with Slashdot?", but I submitted an ask slashdot can we save slashdot from the trolls. They took two days before declining it, so they were extremely slow or they actually considered posting it before declinging it. I also sent an email, to Rob, expressing my thoughts on slashdot's moderation system and some possible fixes. I didn't even get a responce, not even a polite letter saying sorry we don't take users suggestions.

    Personally I think that slashdot has some issues that should be discussed in the open with the users. I'm getting tired of not being able to express an opinion because of the number of trolls and ACs that post to a story. I also agree that they need to do something about the sensational summeries.

    ---- moderators moderate the post above up this is something that we as users should discuss ----

    --
    Environmentalists are their own worst enemy. ~tricklenews.com
  63. They will never stop teen porn by Commienst · · Score: 1

    They will never stop teen porn. A lot of it comes from boyfreinds who coerce their girlfreinds into taking a naked picture of themselves. Then when they are broken up who cares about her right? So it is scanned in and posted on the net. Et voile.

    --

    I am into the copy and paste.
    1. Re:They will never stop teen porn by Nicolas+MONNET · · Score: 2

      Hmmm ... kiddie porn is not about some 15 yo being photographed by her boyfriend. Look, what's the problem if her b/f takes pictures of her? Ok, people might see it, she might be ashamed, ridiculed at worse, and that's it. That's not a crime. What people are talking about here is 10yo or something being raped in front of a camera; quite a different matter. The problem is not so much that there be pictures of the act or not, but instead that the existence of customers for that kind of stuff might encourage the production of it. Quite a different issue.

    2. Re:They will never stop teen porn by anonymous+cowerd · · Score: 2

      > What people are talking about here is 10yo or
      > something being raped in front of a camera;
      > quite a different matter.

      Sorry, but you're wrong. You're just plain wrong. And the reason you've made the mistake you did is because you are French.

      As a Frenchman, you can not grasp the idea that a simple, chaste photo of a nude or semi-nude seventeen-year-old woman could possibly be thought of as an instance of child pornography, nor that any sane government would ever consider imprisoning the possesor of such as photograph as a worse criminal than a violent, sadistic rapist.

      Well, do yourself a big favor and stay out the the U.S.A., this sex-sick madhouse. In the U.S.A. any photograph of a seventeen-year-old woman with her breasts visible may be legally held to be not merely pornographic but an instance of child pornography.

      You might imagine, as a Frenchman, that if that photograph had been taken by a world-renowned art photographer the law enforcement agencies might be willing to grant an exemption. But that's your sane French logic talking; in the U.S.A. the exemption works entirely in the other direction. Today U.S. citizens spend more on porno than on all other movies and theatre performances put together. But who did the the law come after? Did they try to shut down any of the thousands of vendors of pure obscenity without any redeeming artistic value at all? No, they tried to prosecute bookstores for selling the works of the internationally acclaimed art photographers David Hamilton and Jock Sturges.

      Yours WDK - WKiernan@concentric.net

  64. Re:UN Convention on the Rights of the Child by sredding · · Score: 1

    Technically, the United States is a country that supports freedom of religion also... try living here as an atheist. It's not easy.

  65. You're all off on a wild ass tangent... by john@iastate.edu · · Score: 1
    From the FTC: COPPA:

    The statute and rule apply to commercial Web sites and online services directed to, or that knowingly collect information from, children under 13. To inform parents of their information practices, these sites will be required to provide notice on the site and to parents about their policies with respect to the collection, use and disclosure of children's personal information. With certain statutory exceptions, sites will also have to obtain "verifiable parental consent" before collecting, using or disclosing personal information from children

    --
    Shut up, be happy. The conveniences you demanded are now mandatory. -- Jello Biafra
    1. Re:You're all off on a wild ass tangent... by Rupert · · Score: 2

      Not if you reduce the number of 'P's by one...

      --

      --
      E_NOSIG
  66. Re:How is this true? by buzzcutbuddha · · Score: 1

    To Paraphrase Thomas Jefferson:

    Those who would seek safety at the sake of their freedom will not find, nor shall they deserve, either.

  67. Re:What is wrong?The ACLU is saying that it's A-Ok by GenCuster · · Score: 1

    You didn't know, the law is designed to protect child pornographers. Seriously though I belive the law assumes that the Pre-pubescent is already covered under other laws.

    --
    "The poet presents his thoughts festively, on the carriage of rhythm; usually because they could not walk" Nietzsche
  68. Re:free speech by GenCuster · · Score: 1

    When we devoloped the doctrine of in loci parentus in when it all started.

    --
    "The poet presents his thoughts festively, on the carriage of rhythm; usually because they could not walk" Nietzsche
  69. Catch 22 by Satsuki+Yatoji · · Score: 1

    Either way, people will be screwed over. It's just a question of the lesser evil. Use censorware that'll not only close off "Big Breasts" but also "Breast Cancer Awareness"...Or let the gov't control things, and have things they don't like, or might possibly make us think, censored.


    --

    -You're wearing...A bag? I have misplaced my pants.
  70. Re:Children's rights by delong · · Score: 1

    First, my post was explanatory, not a defense of this case of paternalism. So it was in no way contradictory to my statement that I question whether or not 17 year olds are capable of making responsible decisions.

    Second, my suggestion that there is plenty of philosophy material in the local library was intended as a friendly suggestion to someone who's first post had the character of a 14 year old griping about his curfew. Perhaps if you had made a half intelligent first post there would not have been any comments you may have deemed "snide." As it stands, you come dangerously close to troll material.

    And I certainly dont need an education in philosophy from the likes of you. I have a BA in Philosophy that says I know quite enough.

  71. Re:Why the ACLU is doing the right thing here by coyo · · Score: 1

    Yes, it is disgusting and terrible, but does it really turn kids into slavoring monstors and cause lots of harm to them?

    --

    --------------------------------------------------

  72. Re:Responsibility by KiboMaster · · Score: 1
    While on the one hand you want to save something (porn) that destroys families and on the other you want to save families from the evil of the world (namely porn).

    Actually I don't want to save porn. I personally feel that porn on the net is out of control, but I also aknoledge the industry has a right to exist. What I'm saying here is everyone has the right to access porn, but they also have the responsibility not to. (at least around children)

    However, while protecting porn you are the savior of the family? I think not! Porn destroys families. You are talking out of both sides of your mouth

    I do not think porn destroy's families. Any family that can be torn apart by pictures of people having sex has many more problems than just the porn.

    I don't believe the government has any right to restrict anything parents should be doing anyway. It is not the government's job to be a moral compas for society, especially with the guy we have in office now.

    --

    "Happiness in intelligent people is the rarest thing I know."
    -- Ernest Hemingway

  73. Responsibility by KiboMaster · · Score: 1
    he Justice Department's reasoning is simple: If products like Cyberpatrol and Surfwatch are so badly flawed that they don't block what they should, then the judge in the case should uphold a federal law making it a crime to post erotica online instead. "What they want me for is a kind of technical assault on filtering software, but the end result is that nothing can protect kids on the Web except some kind of blanket age restriction," says John Bowes, an associate professor at the University of Washington. "I don't like filtering, but I dislike age restrictions even more."

    So I guess they're saying parents don't even filter into the equation.

    IMHO the bottom line here is to not restrict things for "the kids", but rather get parents involved in their kids lives. Maybe there are some parents out there who may not care that thier childern are accessing porno, but I'd like to think the majority of parents do care. Either way it's not the place of the government to restrict things because some parents are to lazy to take responsibility for their children. If you are not up to the challenge of taking care of another human being, you shouldn't be having children.

    Get involved in your childs life. Sit down with them find out what they watch on TV, what kind of sites they frequent on the web, what they learned in school.

    If parents actually showed a little bit of interest in the lives of their children the whole country would be a lot better off.

    --

    "Happiness in intelligent people is the rarest thing I know."
    -- Ernest Hemingway

  74. Re:Our view on sex is warped by kwsNI · · Score: 1
    Actually, you can enlist at 17 with a parents permission (one of my friends did this). But I'm glad someone finally saw the point in what I was saying. I hate people that judge maturity by your age.

    I started college when I was 15 years old and graduated with a 2-year degree in engineering when I was 16. I got so pissed off when some companies wouldn't even interview me because of my age. The company I work for now hired me and then pulled their offer back when they found out about my age (I had told them I was 17 at the time but no one really thought anything of it until after they made me an offer - I had to threaten an age discrimination lawsuit just to keep the job).

    kwsNI

  75. Re:Our view on sex is warped by kwsNI · · Score: 1
    For some reason (I blame the Puritans 8) the English speaking West has an utterly warped view of sex, and on keeping children away from sex (where "children" seems to include, eg, 21 year olds if you're the US vice-president's wife).

    Is that like how a girl has to be 21 to get into a bar - unless she's a stripper - then she can get in to strip when she's 18?

    Do (some) Americans have their priorities straight or what? You can drive a car when you're 16 (average for the states), you can enlist in the Army when you're 17, you can become a stripper when you're 18 but you can't drink, gamble or be old enough to look at pr0n until 21.

    kwsNI

  76. Did anyone READ the article? by truesaer · · Score: 1
    All the top moderated comments seem to suggest that the ACLU is supporting government filtering...that was NOT what the article said.

    What it said, was that at the same time they're saying COPA is bad because you can filter, they're also suing if anyone tries to filter because the software sucks so badly.

    So, the point of the article is that the government is trying to use they're "no filtering" arguments to make the arguments against COPA ineffective by saying that filtering, in effect, is not a viable option.

    Of course, this isn't much of a legal stance even though it seems on the surface to make sense.

  77. Dear Parents by pigeonhed · · Score: 1

    Maybe it is time for people to pay attention to there children. You cannot expect to sit your child at a computer with internet access and walk away. There is alot of offense material. Just like your local newspaper or TV. Get involved with your child. The computer/internet is not a babysitter. There iis information on EVERYTHING. From Pornography to Politics. I do not want my child reading about Hate that is why when my 9 year old daughter is on the net I'm with her. Stop blaming freedom and start spending time with the children. It is a basic part of parenting. No where on the Computer does it say it is a Babysitting tool.

  78. Bad articles by gunner800 · · Score: 1

    I propose that articles be posted with minimal information other than links to news sources. The sensationalism is getting worse and worse. The extra text often seems to get the discussions started in some god-awful direction, which is unfortunate.

    Perhaps the person who submits the story could get his comments added as a regular post, or gets bonus points to his posts' score. This would require code change though, I suppose.

    I won't be offended when/if this post gets moderated down as off-topic, because it is off-topic, but I'm tired of waiting for a "Ask Slashdot: What's Wrong with Slashdot?"


    ---
    Dammit, my mom is not a Karma whore!

    1. Re:Bad articles by gunner800 · · Score: 1

      But if the article had not been sensationalized would you have read it?

      The title wasn't exactly sensationalistic, just pretty much not based in reality. The article itself was full of wild-ass guesses and sensationalism. I think the headlines and articles can be accurate but still interesting. Remember, Slashdot isn't aimed at the sheepy masses. We shouldn't need exciting headlines to grab out attention.

      The article, as posted:

      Slime-dogg writes "Looks like the feds are trying to pass a law to ban posting of erotica on-line." The law, COPA, isn't really news. What's news is that the ACLU is arguing that censorware is "less restrictive" than simply criminalizing sexual content. Essentially they are telling the court "you should not allow COPA because, instead of banning sex, the government could install censorware and that would be better." Legal arguments by definition must be practical, so I see where the ACLU is coming from, but many will interpret this as green-lighting government-mandated censorware.

      I might title it "Congress trying to illegalize net porn", which I think would be accurate and no more sensationalistic than the facts themselves.

      The article might read "Looks like the feds are trying to pass a law, the COPA, to ban posting of erotica on-line. The ACLU is arguing that the law is unnecessary because censorware is effective yet 'less restrictive' than simply criminalizing sexual content." Slip some links in there, and you've got news.

      Bare in mind that I only skimmed the source articles, so even I, in my bitchy holy-than-thou state, might have let some wild speculation slip in.

      Wow I'm long-winded.


      ---
      Dammit, my mom is not a Karma whore!

  79. No "Green Lighting" by gunner800 · · Score: 1

    Yes, obviously COPA is worse than filterware.

    No, the ACLU is not "green lighting" filterware, at least not in any horrible manner. The ACLU has always said that parents and individuals should be able to use the stuff, but that it should be optional.


    ---
    Dammit, my mom is not a Karma whore!

    1. Re:No "Green Lighting" by Duxup · · Score: 2

      I would agree.
      I think the ACLU is stating the obvious, and NOT supporting one or the other. Like me saying "I'd rather be shot in the head rather than suffocated?" Just because I said I'd rather be shot in the head, doesn't mean it wouldn't try to prevent both. I think what they're saying is being taken out of context, possibly for dramatic effect.

  80. Re:They said what? by gunner800 · · Score: 1

    Congratulations. You said something intelligent, observant, and relevant.

    Your punishment has not yet been decided. An article will be posted when it has, but it will contain inaccurate information.


    ---
    Dammit, my mom is not a Karma whore!

  81. Re:Why the ACLU is doing the right thing here by xcedrinod · · Score: 1
    In this quote from the Wired article linked from the /. article, this guy Hunter is commenting on how the government is trying to get academics to testify that filters are not viable:
    Hunter, who has written about the flaws in filters because he opposes their use in libraries, said he was surprised by the request. "Our research, meant to defeat restrictive mandatory filtering laws, may now be used in support of even more restrictive age verification regimes," he said.
    Hopefully this guy's reluctance in testifying for the government is shared with his colleagues... Does filtering software work well enough for the Supreme Court? hrmm...
  82. Hold on now..... by rswinford · · Score: 1

    Who says porn is a such a bad thing? I love it. ;)

  83. its odd timing for something like this by tardaeron · · Score: 1

    Funny how an issue like this could arise so soon after people were accusing CyberPatrol of being TOO restrictive... someone send the archived slashdot stories to the feds. All Hail Slashdot, Protector of the First Amendment!

    1. Re:its odd timing for something like this by Bryan+Andersen · · Score: 2
      Yeah, I know I'm paranoid,

      No you're not being paranoid, it's being very realistic. It's protecting the rights of the few from the tyrany of the masses, and that is one of the major things the framers of the constitution wanted to do. Remember this nation (United States of America) was formed by people who were oppressed in other nations. Think very carefully about supporting anything limiting a person's rights. It may be your rights that are limited by the next bill.

  84. Re:What is wrong?The ACLU is saying that it's A-Ok by tardaeron · · Score: 1

    so the PRE-pubescent female breast is fine?

  85. Oh sheesh.. by meff · · Score: 1

    Let the government make some "censorware" and the government is going to choose what they want to sensor, and why..

    Pretty soon it won't be just pornography, but any other site out there they don't want the people to see.. And plus -- the possibility of the government backdoors (we're all paranoid, and you know they aren't releasing the source to these..) .. its just a bad situation all over..

    Plus this totally conflicts with free speech and many other things, if they get this passed .. I will be amazed, truely amazed.

  86. Re:This is how the law works by sqlrob · · Score: 1
    The state can show that preventing minors from accessing porn is in the state's interest. This is TRUE, if for no other reason than certain parents, fearing their children's exposure to pornography, will prevent their children from accessing new technology. This will prevent those children from having the same opportunities as others.

    Regardless of whether you think that exposure to porn is detrimental, it is believed that it is, and there are genuine harms from not having a solution.

    However, site owners have a Constitutional right to this protected speach. Adults have the legal right to access this speach. However, the state has the right to try to protect children from this speach.

    OK, so let's make it fair. Ban use of the internet for anyone under 18. No muss, no fuss.

    I am only being somewhat sarcastic here. It is the parent's responsibilty to monitor their children on the internet. It is not the government's responsibility, it is not censorware's responsibility. These are both tools, not crutches. Anything that attempts to use either as a crutch will fail. The internet is global and there isn't diddly the US government can do about it. Censorware can be overriden as well as used for political purposes.

    As I see it, there are only a couple of workable solutions:

    ban the internet for people under 18

    ban the internet

    encourage parental involvement with their children

    Now, which of these is the least onerous solution?

  87. Re:What the Hell? by genki · · Score: 1

    My library uses the infamous Cyber Patrol client-side solution. Hmm, *brings up about box*, *ctrl-alt-delete* a few times, cyber patrol no more! Not very difficult, hmm?

    ---------------------------------

    --

    ---------------------------------
    Visit
  88. Re:Ban Porn Sites! by The+Evil+Beaver · · Score: 1

    Amen to that. I hate those damn popups. But there is a way around it - turn off scripting. That's right, without JavaScript and/or VBScript those popups can't really happen (as far as I know). Maybe also a law against AOL would be nice...
    As for making porn sites illegal or having censorware shoved down our throats, it's time for another violent bombing (seeing how the Washington Fascists like throwing the police at everything)...


    ----------
    Is this sig off topic?

    --
    Chris 'coldacid' Charabaruk Meldstar Entertainment
  89. Huh? by Anonymous+Elf · · Score: 1

    Why do you trust the government because "the're not out to make a profit?"

    1) DO YOU KNOW WHAT TAXES ARE?
    2) When they issue money/debt, why do they need to make a profit?

    I like dealing with companies that are out to make a profit. I know what they want. What the goverment wants isn't money (true). They want power. They got it. You gave it to them.

    -thanks

  90. Re:free speech by 1337d00d · · Score: 1

    doesn't mean we ban newstands from selling them.

    Why not? We ban gun shops from selling automatic weapons so that kids can't get them, the next logical step is banning porn. After that, bars can't sell beer, and shops can't sell cigarettes, because kids might get them. This is all an obvious course of action, based on what we have previously done (raised taxes on all of the above items). The government takes the law into its own hands to kill off industries that it doesn't like, and calls it 'sales tax'.

  91. Re:Privatized censorship an insidious evil by CaptHarlock · · Score: 1

    Agreed Corperate censorship is scary as hell. The fact that a movie has to get an R (or lower) rating inorder to have a prayer of making money is scary. But in this case I don't think ACLU is backing a corperate solution, instead they are saying that a number of solutions exist without government intervention. If that means that a parent lodes cybersitter, or if they just go into their browser and put a bunch of sites on the banned list.

    The argument that you would rather the government be the censor than some company is fine but how about not giving up the fight so easy. How about we let parents decide what their children see, if they don't like violent movies they can keep their kids away, if they think that porn is bad they can monitor their childrens net usage. It isn't about choosing the lesser of evils, it is about keeping the choices in the hands of the individuals not a company or government.

  92. Children's rights by rodgerd · · Score: 2

    I certainly find it troubling that free speech advocates are basically flagging any notion of childrens' rights in the censorship debate. It becomes even more bizaare when one considers that the ACLU are willing to defend the notion that neo-Nazis have the right to free speech, on the grounds that failing to defend the most repugnant members of the community will lead to a loss of freedom for all, but are happy to allow US 17 year olds to be treated as their parents' chattel in the matter of their freedoms.

    Hands up anyone who, as a teenager, wanted to look at stuff, or read things, or held opinions their parents didn't like? Hands up who's enthused about the notion you shouldn't have been treated as anything other than an extension of your parents?

    The funny thing is, of course, that the US, like most Western nations, does have a firm notion that children have rights that over-ride their parents'. A parent can't molest or beat their children, because children have a right to a physically safe environment. They can't pull their kids out of school at 11 to work in a factory and boost the family income, because kids have a right to a decent education (or, failing that, whatever they get at the local school).

    But the ACLU is happy to allow parents to exercise total control over a 17 year old's browsing habits, even though it may not be best for the long term development of the seventeen year old.

    1. Re:Children's rights by rodgerd · · Score: 2

      However, this isnt about rights.

      That's certainly what framers of the arguments in favour of providing minors with no rights would have one believe. I beg to differ. Moreover, having already acknowledged that Yes, children have rights as persons. it seems a little disingenious to then claim This is about what is or is not in the best interest of the child. and imply that a minor's ability to exercise his or her rights do not enter into the picture. In what way is it advantageous to deny said minot the ability to exercise rights? What about the learning experiances associated with said rights? Are some minors to wait until adulthood to learn basic life-lessons? In what way is this utile?

      You go on to say:

      Rights are based upon the assumption that the given person has the capacity for rational independent thought and the ability to take responsibility for their actions [...] ...the event which marks the State's recognition of an individual's capacity to take responsibility for himself is the 18th birthday.

      In short, a long-winded exposition of the notion that the excercise of rights is tied to the notion of moral agency and the assertion that the recognition of moral agency is tied to the 18th birthday (except for liquor).

      The tying of moral agency to rights is a fairly standard argument, and one I find little or no fault with. Your argument that follows on, however, is fundamentally flawed because it is based on the premise - which you yourself acknowldge is false - that moral agency is some sort of binary switch the state and society recognise as being activated at age 18. While it is the case that one enters one's majority at 18 in most Western nations, most Western nations also recognise elements of moral agency, with the implicit rights thereof, well before 18. Most nations will allow a minor to face trial by their early teens, which clearly undermines your assertion that ...the given child does not have the capacity to make those choices itself. since the customs and legal systems of most Western nations consider a child perfectly capable of making decisions about at least issues of the most serious sort. Otherwise, a 14 year old could not be tried for murder.

      A cursory glance at the ages at which various rights accrue reinforce this impression; at 16, for example, any New Zealand minor, most UK minors, and many European and US minors have the right to make judgements relating to sexual activity - judgements which will be upheld as valid by the legal system. Having sex with a 15 year old in New Zealand can land you in jail if a parent objects, but having sex with a 16 year old will only land you in jail if they objected.

      In short: our legal and social norms recognise that children have varying degrees of moral agency and, implicitly, rights as they work through their teenage years, yet the ACLU are prepared to ditch those rights for the expediency of their adult constituency. Bad form.

      There is a very large body of work on paternalism and related issues in philosophy. A library is nearby, no doubt. Check it out.

      I suppose I should be grateful you managed to restrain yourself to only one snide comment in your post. Perhaps you should spend less time directing other to libraries, and more time in them, preferably boning up on rhetoric, logic, and moral philosophy.

    2. Re:Children's rights by Kintanon · · Score: 2

      responsibility for himself is the 18th (or 21st, depending on what we're talking about ahem BEER) birthday.



      Let me see here... I'm qualified to do all of the following:
      1. Pilot a 1 ton vehicle at speeds exceeding 55 mph.
      2. Elect the governing officials of our nation.
      3. Go to war and wield a fully automatic m-16.

      I am not qualified to do the following:
      1. Purchase Alcohol.
      2. Enter certain establishments where alcohol is sold. (specifically a bunch of clubs in New Orleans and other places, strip joints mostly)

      Does anyone else see something wrong with this list? I wouldn't buy beer even if I could, because I don't drink. But it's the principle of the thing.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    3. Re:Children's rights by delong · · Score: 3

      Yes, children have rights as persons. However, this isnt about rights. This is about what is or is not in the best interest of the child. This is about paternalism.

      Rights are based upon the assumption that the given person has the capacity for rational independent thought and the ability to take responsibility for their actions. As minors (biologically speaking) are neither intellectually or emotionally developed enough to either make rational, independent decisions or take responsibility for their actions (having little concept of consequences), parents have a strong obligation, codified in law, to decide what is in the best interest of the child based upon what that child would decide if it was capable of making a rational decision. In this case, the event which marks the State's recognition of an individual's capacity to take responsibility for himself is the 18th (or 21st, depending on what we're talking about ahem BEER) birthday.

      So yes, children have rights, but parents (and for some reason the State thinks its in this category as well) have duties to decide the application of said rights because the given child does not have the capacity to make those choices itself. Now it is arguable whether a 17 year old is capable of making responsible, rational decisions. But under law, and under Dad's roof no doubt (hehe), that decision is moot because the law says that they can not. Not for another year at least.

      There is a very large body of work on paternalism and related issues in philosophy. A library is nearby, no doubt. Check it out.

  93. The problem with ages by rodgerd · · Score: 2

    Also, what's so magical about these ages?

    The problem with ages is that they're often poor measures of maturity; you're quite right. I can think of 25 year olds that aren't maure enough to conduct their sexual affairs and probably won't be when they're 45. And I'm sure there are 14 year olds who are. Problem is that maturity tests present some problems on a couple of levels:

    They're cumbersome: sure, it would be nice if the age at which individuals can do stuff was tuned to the age they can handle it at, but the infrastructure required to asses this would be huge; consider the system required for drivers licenses. Age based rights are practical, even if they're often crummy in some ways, and, at some point, convenience needs to be a consideration in governance.

    They can retard growth: One of the classic answers to the problems associated with young people screwing up at various things (sex, driving, drinking) is often to raise the age at which they're allowed to start trying them - for example, since 18-25 year old males are usually (in .nz, anyway) the worst idiots behind the wheel of a car, restrict them from getting a driver's license until they are 25, instead of leting them start at 16. What this fails to take into consideration is that part of the reason people make poor decisions when they first have access to a thing is that many, heck, most people need to get burned once or twice before they learn the lessons needed to behave sensibly. So a test of one's ability to handle a particular set of rights may permanently disenfranchise people who just need to make a couple of low-grade screwups before they start getting it right - but without those screwups, will never be able to get it right.

  94. Re:What the Hell? by Elvii · · Score: 2

    Gotta agree with this one, seeing as this doesn't really try to address the problem. People will always be able to post/view/etc "objectionable" material, whetever you happen to define as objectionable. So government/people keeps doing band-aid fixes, trying to do via law what *should* be controlled via basic (imho, anyway) values that should be instilled at childhood. Never gonna work. Not gonna go off on a religious/family values soapbox, but without going too far off topic, this kinda thing isn't gonna work. Erotica isn't dirty, it's just percived that way due to how western civilization has shaped us. (Those in US, anyway) It's up to personal values and freedom to decide how to view, or not to view, anything in a given medium, and things like this only hinder those freedoms, imho, without *really* solving the problems.

    End of rant, hope some cohrent message can be made out of all this. :)

    bash: ispell: command not found

    --
    This sig left intentionally blank.
  95. Re:How is this true? by Jeremy+Erwin · · Score: 2
    Porn is perfectly healthy. Erotica, as the "upmarket" version of "porn" certainly falls into the realm of protected speech. But, let us contemplate the problem of banning "porn." If one bans pornography, one removes from the public sphere a great deal of information dealing with human sexuality. Some of would be classic erotica (e.g. The secret logs of Mistress Janeway, or Dirty Pictures (with annoying popups), but some of might well be pages relating to Sexual Health, or Gnostic scripture, or a work of Impressionism. Would a site dedicated to Hot Grits and Natalie Portman be thus banned from the net? The CDA was bad law. Requiring filters is bad law. Allowing filter companies to silence their critics with lawsuits and/or filter abuse is also bad law.

    In ten or twenty years, I may use a filtering program for the sake of efficiency. But I would want to know exactly what kinds of decisions went it to building that filter....

  96. You say porn, I say potatos by Nathaniel · · Score: 2
    I have a moral objection to all discussion of potatos. I find the mention of them to be a vile, currupting influence on society, and I believe that discussion of potatos is particularly bad for today's youth.

    I have kids, and the problem has become alarmingly worse in the past year or two.

    I propose that your solution is a good one, but that we also apply it to partition the Internet in a way which provides me and my family with a more clearly deliniated space in which potatos not discussed, and in which we can be sure that potatos and images of potatos are never available to my children.

    I believe a subtle form of censorship is the answer here, but in a different form from either of the solutions being debated here: there needs to be a very good, reliable way to partition the "spudzy side of town" from the rest of the net. Ideally, this would be driven by force of law and would include both IP address as well as namespace partitioning (a .spud top-level?), so that both routing and DNS could be used to prevent exposure of children to these sites. (I and many others firmly believe that exposing children to potatos, even accidentally, is a particularly egregious form of child abuse.)

    Seriously, we all know the problem is getting out of hand. If we don't clean up our own Internet, someone else will do it for us.

    Bottom line: Are you willing to sacrifice the future of the entire Internet to avoid the minor inconvenience of a few sleazy spudpushers? </Advocate>

  97. UN Convention on the Rights of the Child by deltab · · Score: 2

    Not just "most Western nations" - in fact 191 countries have ratified the UN Convention on the Rights of the Child. The only countries that have not are Somalia (not having a government that can do it) and... the United States. Hmm.

  98. Death penalty by Nicolas+MONNET · · Score: 2

    And the reason, of course is ... that the US insist on being allowed to legally slaughter minors (electrocution qualifies as slaughter to me). Or at least minors when the crime was commited.

  99. Re:What the Hell? by fishbowl · · Score: 2

    The issue cleared itself up presently

    Was the responsible party called before a
    tribunal and allowed to go through the motions
    of explaining himself before his execution?

    Or was he allowed to live, to darken your
    door another day?

    --
    -fb Everything not expressly forbidden is now mandatory.
  100. Childhood Innocence? by Outland+Traveller · · Score: 2

    I'm not sure if I agree with your statement:

    "One of the greatest gifts we can give to our children is the ability for them to actually *be* children. Innocence is and must be part of that."

    I think the role of parents is to prepare their children to succeed against the hard realities of adult life, so that they may hopefully realize their dreams and potential.

    "Play" and imagination are preparation. Innocence may have a certain romantic or whimsical allure (as in, "Innocence is Bliss") but I don't think it is truly desirable.

    As a parent, your instinct is to "protect" your children, but you also have to understand that the best way to protect them is to gradually teach them to face harder and harder decisions on their own.

    One of the tough situations that one must face as an adult, just as difficult as avoiding drugs or unplanned pregnancy, is to realize the value of the first amendment in the face of adversity, and resist the urge to permanently mutilate it for some short term warm fuzzies.

    -Outland Traveller

    1. Re:Childhood Innocence? by dublin · · Score: 2
      This is inexplicably quite a controversial topic, simply because so many people unaccountably appear to believe that shielding children from evil influences is wrong.

      Yes, the scary word evil was intended here - unfortunately, one of the first realities we must face if we are to "succeed against the hard realities of adult life" is to recognize that both evil and forces of evil do indeed exist in our world.

      Failure to shield young children from these influences will make it impossible for them to ever actually become adults capable of resisting evil influences. My approach is controversial in today's world, but quite practical, and proven by a successful track record hundreds of years of years long. Is yours? (A bit of careful non-present-biased reading will convince you that all the hard questions were answered quite some time ago. there truly is nothing new under the sun from the human anture point of view. Every method you can think of to raise a child has been tried before, and nearly all of them have proven they do not work. Do the research!)

      Sony:hardware::Microsoft:software
      CompactFlash: IBM Microdrive, Flash, Ether, Modem, etc.

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
  101. Re:Why the ACLU is doing the right thing here by Kaa · · Score: 2

    ...both IP address as well as namespace partitioning (a .porn top-level?), so that both routing and DNS could be used to prevent exposure of children to these sites. (I and many others firmly believe that exposing children to porn, even accidentally, is a particularly egregious form of child abuse.

    I see. So just because you have hangups about nude human bodies, we should partition the Internet?

    Bottom line: Are you willing to sacrifice the future of the entire Internet to avoid the minor inconvenience of a few sleazy pornographers?

    Well, I am certainly not willing to sacrifice the future of the entire Internet to avoid the minor incovenience of a few mealy-mouthed moralists who believe that viewing naked bodies or even (heaven forbid) pictures of actual sex will irretrievably damn the poor innocents to eternal damnation.

    I am strongly opposed to Internet partitioning (as in, .xxx TLD is perfectly fine, routing-level access restriction are not fine at all) just some people find some material objectionable.

    Not to mention that this is a very, very slippery slope.

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  102. Re:Why the ACLU is doing the right thing here by Plasmic · · Score: 2
    Bottom line: Are you willing to sacrifice the future of the entire Internet to avoid the minor inconvenience of a few sleazy pornographers?
    Well, I don't know. Is that a loaded question? I wonder..

    Did it ever occur to you that we wouldn't be forced to make such ignorant choices (internet or porn: one or the other, but not both) if it weren't for stupid people like you?

    It isn't flamebait, it's the truth.
  103. Re:Why the ACLU is doing the right thing here by dublin · · Score: 2
    We're just going to differ on the relative merits of the ACLU. I didn't say that I never agreed with them, though, just that the occasions were infrequent. Unfortunately, even when they're right, it's usually for the wrong reasons.

    I agree active 'man in the loop" censorship solutions are preferable, but they are by and large impractical and needless to say, labor intensive.

    Home censorware solutions are not significantly different from those of libraries. And you can bet I'd be one of the ones making life hell for the school board if any teacher took such an overtly hostile act as assigning the history of gay "rights". Personally, I wnat these sites blocked far more than the skin sites, as they are far more offensive.

    Finally, I'd be careful about advertising quotes from a man (Bertrand Russell) who admitted on several occasions that the *only real* reason he opposed Christianity was so he could indulge his own sexual appetites as he saw fit. His moral deficit is most obvious in the brutal rape of the young daughter of a man whose home he was staying in - hardly a role model in anyone's book. Not to mention his arguments don't even hold up to significant scrutiny...

    Sony:hardware::Microsoft:software
    CompactFlash: IBM Microdrive, Flash, Ether, Modem, etc.

    --
    "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
  104. Re:Why the ACLU is doing the right thing here by dublin · · Score: 2
    No, my point of view is not stupid at all (in fact I can show it's far more internally and externally logically consistent than yours), but it does come from a different worldview, which you are appparently unwilling to acknowledge.

    And, actually that (Internet or porn) is exactly the choice facing anyone with children today.

    One thing that seems to be lost in all the discussion of how we must let kids visually learn all the latest perversions is that exposing children to sex at an early age has the very real effect of robbing them of their childhood and their innocence. If you're an adult and you have no more willpower than to fall prey to Internet porn, that's one thing, but exposing children to sex is nothing less than child abuse.

    One of the greatest gifts we can give to our children is the ability for them to actually *be* children. Innocence is and must be part of that. Sadly, innocence is becoming quite difficult for parents to ensure even if they take quite an active and steadfast role in shielding their children. That's why I believe the present system has failed and structural reforms may be the best remaining option. (Note that I'm well familiar with geek culture and values re: freedom, and have been working to build the Internet longer than some /. posters have been alive, but I am no longer proud of what the Internet has become.)

    Sony:hardware::Microsoft:software
    CompactFlash: IBM Microdrive, Flash, Ether, Modem, etc.

    --
    "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
  105. Re:Why the ACLU is doing the right thing here by dublin · · Score: 2
    Actually, they couldn't be more wrong (but then the ACLU is seldom right...)

    There is a real problem with unwanted "in your face" porn - just mistype a URL, or get on the spammers' mailing lists, and you know what I mean.

    I have kids, and the problem has become alarmingly worse in the past year or two.

    I believe a subtle form of censorship is the answer here, but in a different form from either of the solutions being debated here: there needs to be a very good, reliable way to partition the "sleazy side of town" from the rest of the net. Ideally, this would be driven by force of law and would include both IP address as well as namespace partitioning (a .porn top-level?), so that both routing and DNS could be used to prevent exposure of children to these sites. (I and many others firmly believe that exposing children to porn, even accidentally, is a particularly egregious form of child abuse.)

    Seriously, we all know the problem is getting out of hand. If we don't clean up our own Internet, someone else will do it for us.

    Bottom line: Are you willing to sacrifice the future of the entire Internet to avoid the minor inconvenience of a few sleazy pornographers?

    Sony:hardware::Microsoft:software
    CompactFlash: IBM Microdrive, Flash, Ether, Modem, etc.

    --
    "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
  106. Re:More screwed up stuff by Hard_Code · · Score: 2

    Somebody moderate the parent of this up, so people can see the type of idiots we have out there. I can't bring myself to waste my time responding to this crud.

    "I wish this forum were less bigoted and I could post this with my real name. Too bad, really..."

    Well, I /specifically/ post controversial, flamage, or even stupid posts under my real account just to stand up to criticism. If I have something to say I'm not going to sulk and mumble in the shadows. You could find out if your ideas hold water if you actually expose them to scrutiny. Otherwise you just look like another ignorant AC troll.

    --

    It's 10 PM. Do you know if you're un-American?
  107. More screwed up stuff by Hard_Code · · Score: 2

    I just watched In&Out last night. It's a movie where Keven Kline (great actor, IMO, love his movies), plays an English teacher who has been accused of being (GASP!) gay. Of course you can imagine what follows in the little town he lives in...rumors, weird looks, etc. It results in his being fired from his school position ostensibly "because the community feels that the influence is not right" whatever that means. The gist was that if they had a gay teacher that it would "rub off" on the kids. Gayness of course being evil they would never want this to happen, so logically had to fire him. No wonder so many people grow up with wierd perceptions of homosexuals...all exposure to them is limited and warped. I wonder how children who actually ARE or will be gay can ever grow up right when everybody around them is taking all role models away and telling them it is BAD. Anyway, the last scene in the movie, the graduation, results in one student standing up and saying "Well, /I'm/ gay, it must have really rubbed off!" (to everyone's shock). Then another student stands up and proclaims they're also gay. Then another and another. Then parents stand up and say they're gay too. All the firemen stand up and say they're gay. Until the whole room is standing and saying they're gay.

    Anyway, I'm also reminded of the Ebert & the movies show I watched this weekend, about a movie called "Pups" in which a young kid, 13 or so, gets a gun, and holds up the school, and later a bank. Ebert mentions that nobody knows about this movie because it had a very limited release because it was supposedly controversial. He says, and I agree, that it is amazing that a show about kids and guns cannot be allowed to be seen by kids, but any action flic in which people blast each other to pieces gets a wide distribution.

    No wonder kids are so screwed up.

    So, hey, let's hide "sex" from them and pretend it doesn't exist. That way when they discover it they'll be MUCH better prepared, right? gag

    --

    It's 10 PM. Do you know if you're un-American?
  108. Re:Why the ACLU is doing the right thing here by Weezul · · Score: 2

    they couldn't be more wrong (but then the ACLU is seldom right...)

    I suppose they were wong to sue the government into letting U.S. troops take the bible with them to the Gulf War? I suppose they were wong to defent the rights of christians who feal that it's a sin to have their picture on their driverse licence? I hate it when some ignorant moron who knows nothing about the history of the ACLU spouts off about "the horrible thinks those liberals are doing."

    Now there is a really good solution to pornography on the internet, but it is not a one size fits all solution. Specifically, libraries and homes need diffrent types of censorship which I will try to esxplain.

    Libraries need a least restrictive blocking solution. Specifically, they need to move the computers out into the open where anyone can see when someone is looking at pornography. There are various technological versions of this idea (where the jpgs from the netscape caches are flashed on some screen behind the circulation desk). This solution would be thousands of times more effective then any current censorware or legislation at preventing kids from incountering pornography inside the library.

    Actually, this solution would prevent the "my kid walked into the library, closed the netscape window, and their was porn on the desktop" since it can detect porn independent of URL. No censorware or legislation can claim this.

    Unfortunatly, parents do not have this wonderful solution available to them, since their children's home internet usage is unsupervised. Traditional censorware is the only solution to the home problem, but parents and unfairly blocked sites should have a recourse when sites are unfairly blocked. Censorware will only become a viable solution for families when parents can sue the censorware companies for inconvienencing their childs research into a school project on the history of gay right in America. This will forcet he censorware companies to be honest about what they block and what they do not, i.e. some parents would want the gay rights sites to be blocked, some would not.

    Finally, porn spam is a totally seperate issue. I agree that we need good anti-spam laws. I would even agree that porn spam should be treaded more seriously then non-porn spam, but the law shouyld be essentially the same thing.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  109. Re:It's not just the porn by quonsar · · Score: 2

    But now large media giants such as BBC, CNN and others that people implicitly trust (it is "official" information, after all...) are beginning to hint that the net is an incredibly dangerous place and should be handled with tougher legislation than normal media, the future does not look good. With backing from media and hyped up public it will be easy for politicians to start drafting draconian legistlation to combat the "evils of net" even on multinational/continental scale.

    From thier perspective, the net IS an incredibly dangerous medium. The problem with the net is that the target audience can talk back! This will never do! Why, what if every Tom, Dick, and Harry were allowed to run a TV station? You'd have anarchy! Anyone could broadcast anything! Even such pernicious things as questioning the veracity of "news" reports, or revealing the lies of our client advertisers! There MUST be government control, either control of access (unless the "free market" handles this on its own by forcing everyone to buy access from a few large providers) or control of content, so that the target audience of the internet cannot marginalize "official" content with thier own.

    The internet is under attack, the point is to limit your access or control your output, and the worst is yet to come.

    ======
    "Rex unto my cleeb, and thou shalt have everlasting blort." - Zorp 3:16

  110. Sounds like home by kNIGits · · Score: 2
    Greets all

    If either of these options come to pass, the US might begin to know how we feel down here in Australia, where internet censorship laws have been in place for a while now.

    kNIGits
    _______________________________________

    Is that an African or European swallow?
    _______________________________________

  111. time will tell by anonymous+cowerd · · Score: 2

    > "Gayness" IS WRONG, and I can say that I know
    > no gay people who are truly happy people.

    I can believe that there you aren't lying, troll, as I don't suppose you know any gay people at all.

    Anyway, look around, not everyone shares your prejudice. Plato, for example, says you are wrong. What is truth? Who knows which of you is right?

    Let time sort it out. Provided that the human race has not wiped itself out of existence by then, a century from now, thoughtful, educated people will still be reading Plato. Will anybody alive then know or care about your opinions? Even now, I don't.

    Sincerely WDK - WKiernan@concentric.net

  112. This is going way too far by Lonesmurf · · Score: 2

    I don't get it.

    That is the topic of discussion here. If I want to d/l porn from the internet (something that has been going on longer than most of the participants in this board have been alive..) it is my RIGHT to do so.

    I don't care if some idiot parents in Bumblefuck Missouri decided that the Children are harmed when they see naked people (oh, god forbid, those naked natives in the rain forests must be so traumatized) but when it becomes far reaching legislation that will affect me and eventually affect my children too, I say that this idiocy has gone too fuching far.

    Any censorship that you force upon me and my family is easily ten times worse than any porn that we watch in the privacy of our own homes.

    Rami James
    Pixel Pusher
    --

  113. Re:free speech by mcrandello · · Score: 2

    What really gets me is the fact that they're essentially using the same arguments that we (the /. readers) have been echoing in the posts about the censorware against us (as the opening paragraph of the second article states)...

    The Justice Department's reasoning is simple: If products like Cyberpatrol and Surfwatch are so badly flawed that they don't block what they should, then the judge in the case should uphold a federal law making it a crime to post erotica online instead.

    Now the ACLU is in a position where they actually have to *defend* one of the industries (see the mattel articles in YRO) that they have very recently been trying to defend the people of this nation against[censorware]. What I don't get is why it either has to be censorware or censorship? IMO neither is acceptable under the first ammendment to the constitution.

    What is happening isn't the stifling of childrens voices, BTW. This has absolutely nothing to do with children, regardless of what the acronym in the bill stands for. This is about someone getting mailed a naughty pic, or catching their husband with his browser history all full of porno links, and wanting to lash out at someone. Maybe some people *do* actually care about their children, but they're being drawn into this by the arguments of the above. If children are being drawn into porno sites, finding some reward there and then returning then their parents aren't paying enough attention to them. Enough said.

    I don' know of any good solutions, other than strongly advocating that parents actually *be* parents, and not think for a second that if we as a nation pass *any* law it will make their kids more safe. It will only lead them into more danger as we sit back and let the Internet be their trusted babysitter (remember there are a lot of places totally unaffected by this law). Anyone from Adbusters want to take this up?

    as usual I may be full of <censored>, feel free and point that out to me :)

  114. Re:Our view on sex is warped by omnifrog · · Score: 2

    So does that mean that a stripper in Alabama can't look at pictures of herself naked?

  115. I have a simpler solution for you by guran · · Score: 2
    Dont let your kids access the internet at all.

    The net is a medium where *anyone* can express their opinion and write/display whatever they want. That means *someone* will put something there that someone else (you) won't like.

    If you have a problem with an unmoderated medium, stick to "safe" pages.

    If your kids are not mature enough for such an environment, keep them out.

    And if I was in the board of a school with guts enough to teach about controversial issues, I couldn't care less about those who think "ignotant is better"

    --

    All opinions are my own - until criticized

  116. Re:Why the ACLU is doing the right thing here by guran · · Score: 2
    One of the greatest gifts we can give to our children is the ability for them to actually *be* children.

    Agreed
    Another one of the greatest gifts we can give to our children is to let them grow up.
    "Innocent" is just another word for unexperienced, or if you prefer, naive. A prefered quality in a child, but a major handicap as a grown up.

    What makes you think that the "innocent" child would be the least interested in porn? The sight of a naked body would have no sexual effect on me as a child. In my "innocence" I had not yet "leared" that I should feel anything special about naked women. If your kid thinks porn is interesting, I'd say it's either because you act like its something "special" or because he/she is no longer that "innocent" child, in which case you should explain *why* porn is wrong rather than making it even more interesting.

    --

    All opinions are my own - until criticized

  117. Ban Porn Sites! by Cheshire+Cat · · Score: 2

    Actually, what the goverment should ban are those porn sites where when you close one window, three more pop up. When you try to close one of those, another one pops up in its place. Its like some wierd, online version of the Whack-a-Mole game. I would strongly vote for any Congressman who would burn the heads of these Hydra-like sites.

    --

    Last night I shot an elephant in my pajamas. How he got in my pajamas I'll never know.
  118. Re:Our view on sex is warped by kwsNI · · Score: 2
    Only a few states actually make the legal age 21 for purchasing it. I believe there are four of them, and one is Alabama

    Unless it's your sister/cousin. ;)

    Actually, I knew that. Read my original post again. I put in there the disclaimer: "Do (some) Americans have their priorities straight or what? " I was talking more about what ages people feel are appropriate as opposed to what is law (since that changes state to state?).

    kwsNI

  119. What's obscene? by www.sorehands.com · · Score: 2
    It goes back to what's obscene? I don't know, but I'll know it when I see it..

    Remember the multiple uproars about NEA using government money for some objectionable art. There were discussions as to what was art and the old question of "what is art?".

  120. free speech by rifter · · Score: 2

    What annoys me about this ruling is the reiteration of the de facto standard such that minors do not posess constitutional rights. In this case the judge says that when the children grow up they will get free speech. What I dont understand is when it was in our history we decided that children are neither born nor naturalized until they are "of age..."

    1. Re:free speech by ronfar · · Score: 5
      Now the ACLU is in a position where they actually have to *defend* one of the industries (see the mattel articles in YRO) that they have very recently been trying to defend the people of this nation against[censorware]. What I don't get is why it either has to be censorware or censorship? IMO neither is acceptable under the first ammendment to the constitution.
      Perhaps you are not aware of recent changes to the First Amendment enacted by the Supreme Court, see this article for details:
      Second, five justices also agreed that a form of expression -- in this case, totally nude dancing -- may be banned outright because of the "secondary effects" it has in promoting crimes such as alcohol abuse and domestic violence in the surrounding neighborhood. Souter, however, asserted that government must offer some evidence that these secondary effects will flow from the expression and that its statute will alleviate them.--quote from "Kandyland decision a new First Amendment landmark," by Tony Mauro on Freedom Forum

      Missing from the above quote is the fact that David Souter was the only one of the justices who believed that you should have to prove "secondary effects." Of the remaining justices:

      1.Scalia and Thomas: Basically said that the government can ban whatever you want if it is supporting "public morals."

      2.O'Connor, Rehnquist, Kennedy, and Breyer: Basically said that as long as the government asserts negative secondary effects as an excuse, they can ban whatever they want.

      3. Stevens and Ginsburg: Dissented, pointing out that this was basically the end of the First Amendment as we know it in the United States of America.

      Essentially, the "secondary effects doctrine" of the Supreme Court currently is, "if someone thinks it might cause a crime, it can be banned for that secondary effect." Currently, the First Amendment has about as much teeth in it as the Second Amendment, years of packing the Supreme Court with far right conservatives has had it's desired effect, which was always to reduce the effectiveness of Constitutional arguments. (Conservatives have been upset by "activist courts" which basically used the Constitution to enact legislation, such as bussing and Roe v. Wade. So the goal of conservatives and the "strict constructionist" philosophy was to weaken the Supreme Court and give power back to the Congress.) If the CDA were proposed today, it might not just pass, it would probably also pass Constitutional muster with the current court.

      I suspect that this is why the ACLU is trying to argue that "well, we have filters so we don't need to enact bans" because under the new Constitution, just the fact of the First Amendment no longer protects you from being censored. It's a brave new world.

      I hope people will consider this in the next election.

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  121. Re:How is this true? by spectral · · Score: 2

    How about we stop being puritans and don't ban/censor anything? Has it ever been proven that seeing a female nipple (I can't say breast because you can go anywhere and see those, but the nipple has to be covered up, like it's evil or something) or other sexual act has emotionally scarred children for life?

    Where do babies come out of? What do they suck on for the first little bit of their life? after that, why does it become illegal? The government/society needs to stop trying to get other people to control their children the way they want. If I ever decide to have a child, I'm going to want to be able to decide myself what little johnny or sally can and can not see. Hiding something only causes people to grow obsessed about seeing it, or to become deviant about it.. think of all the perverts/rapists/etc.. I don't know of any conclusive data, but one would think that in less restrictive places there'd be fewer of these, since people wouldn't have such repressed sexuality in their early years.

  122. Privatized censorship an insidious evil by rodgerd · · Score: 3

    One of the problems I have with the ACLU's tactics in fighting censorship bills is the de facto legitimisation they are handing to the notion of privatized censorship.

    Why? Well, privatized censorship is usually worse, not better, than government censorship in countries which are fundamentally free. Don't believe me? Go have look at the industry-backed censorship of the comics industy from the late 50's through to the early 80', which went way beond anything that could ever have been imposed by a government authority the industry had decided to self censor in an effort to avoid government regulation, and in the process bowdlerised the medium to a far greater extent than the government ever would have.

    Similarly, the system of movie censorship in the United States strikes me as just plain insane, and I live in a country with government censorship. Yet movies are passed far more liberally here, and material which either never makes it to US cinemas, or only shows in 50, is accepted in New Zealand because the government-legislated censorship is concerned with the extreme cases of what society considers dangerous (positive depictions of rape, sex with children, etc), rather than what a bunch of industry-appointed individuals consider might cause more controversy than is good (ie might not increase ticket sales).

    The ACLU is IMO playing a dangerous games, whose outcome could have a perverse effect in terms of chilling speech more, not less.

  123. This is good for me! by FigWig · · Score: 3

    I've got to show this article to my girlfriend! Then I can tell her that my massive, 3GB porn collection is nothing but a form of protest. Yeah, that's the ticket...

    --
    Scuttlemonkey is a troll
  124. Chill homie. by mindstrm · · Score: 3

    Think, for a minute.
    If you took the main, introductory page of most porn sites, or even the stupid pop-up banners, printed it as a poster, and put it up in your store windowd on Main St. USA, you would most likely be charged and found guilty of some obscenity laws. You are making this material visible to minors. On the other hand, if the posters are up inside your store that does not allow minors inside, you are perfectly safe.

    Why should the Internet be any different? Remember, nobody is saying you can't put porn on the internet, just that you have to take steps to not display it to those who are minors.

    Personally, I think people are too offended by porn, and as long as poeple are offended, other people will be fascinated.

  125. Parental responcibility by jburroug · · Score: 3
    Under U.S. case law, courts will usually nix a law on free speech grounds if there are other "less restrictive" alternatives to accomplish the government's goal. For the ACLU, the existence of filtering software -- even with its faults -- is a way to convince judges that there are options other than COPA. In such a case, "government must make use of less drastic means if it would regulate at all," writes constitutional scholar Laurence Tribe in American Constitutional Law. Am I the only one who thinks that the least restrictive actions in the case simply be for parents to decide what is and what isn't harmful to their children and keep them clear of it? Or better yet maybe concerned parents could actually teach their children good judgement and then trust them to do the right things? Are parents in this country so goddamn lazy and ignorant that they no longer want to actually bother with being parents to their children? How on earth do the supporters of these insane laws expect today's children to be respconible, thoughtful adults at some point if they are never trusted to learn about life while they are young? Do congressmen and "concerned" parents really think that when a person turns 18 they magically develope the ability to cope with pictures of naked people (and vote, and fight wars), something they couldn't handle 24 hours earlier, and at 19 are suddenly able to make an informe decision about the long term dangers of tobacco, something they couldn't do while fighting wars and picking our nations leaders (oh yea and legally looking at naked people) oh and to end this series, at 21 suddenly develope a tolerence to alchohol and suddenly know their limits? *sigh* When will people learn that in order for childern to know how to act as adults when the become adults, you have to teach them what it means to be an adult? Dammit.

    Sorry for the rant but this kind of "for the good of the childern" crap really gets under my skin.

    --
    "Listen: We are here on Earth to fart around. Don't let anybody tell you any different!" - Kurt Vonnegut
  126. What the Hell? by zpengo · · Score: 3
    Some points to consider:
    1. It's not the government's business what Joe Schmoe is looking at when his wife's not home.
    2. ...unless it's kiddie porn or some such, in which case neither banning erotica nor promoting censorware is going to accomplish much, because
    3. it's impossible to ban erotica, and
    4. censorware is not difficult to bypass.
    5. (Unless you're an innocent, non-sexual-content website, in which case you will almost certainly be blocked -- It's happened to me more than once).
    6. Instead of making new laws, people just need to go out and enforce the ones that already exist. Find illegal porn producers and bust them...hard. Make an example. Put the fear of God into whoever was considering rounding up some teenage girls and getting out the old Polaroid camera.
    7. Putting their heads on spikes throughout city streets might be a good start. *grin*

      *gets down off his soapbox*


    --


    Got Rhinos?
    1. Re:What the Hell? by |deity| · · Score: 3

      3. it's impossible to ban erotica.

      Very true but the government *can* make it illegal, at least for US citizens, to provide erotic content without some form of age verification.

      I seem to remember that the porn industry is almost the only industry making money online. This law would just make them move to a server that's in a country with less restrictive laws. The internet no longer belongs to the US. When are law makers going to realize that they can't legislate the world or morality.

      The government invented fud only when they do it it's called propaganda and they could teach Bill Gates a thing or two. They want people to focus on the very small group of individuals that are into child pornography. Then they want the american people to make the mental connection that all porn on the internet is child pornography. Don't get me wrong I'm not a big fan of the porn industry or their very creative java script programmers. I want porn protected because if they can outlaw it they can outlaw others forms of expression on the internet.

      Parents need to take charge of what their children are doing. It's not the governments right or responciblity, in most cases, to raise children. A parent should know if their child is hanging around with gang members. A parent should see the signs of drug use. A parent should know what their child is doing on the computer. Would anyone give a 12 year old a new car and say have fun? Would anyone let a child go somewhere in a bad neighborhood without at least teaching them how to survive? No, and the internet can be much more dangerous then a new car or a bad neighborhood. If a person is unfit to be a parent the children should be raised by a fit foster parent or the state.

      Many of us grew up dialing in to bbs's and doing other less legal things on the computer as we were growing up. Our parents were clueless. Now most of us are old enough to have children. We know the dangers we know what can happen if children are left unsupervised it's our responcibility to educate our children and the people in our family with children who don't know what it's like to grow up in a digital world.

      Enough of being serious here's my top ten list of things more dangerous then leaving a child alone with a computer and an internet connection.

      10. Giving the child a chemistry set and instructions on how to make TNT.

      9. Tying the child to the top of the car so that the child can get more fresh air.

      8. A hammer and a china set. (need I say more?)

      7. Teaching the child how to fly the families crop duster.

      6. Leaving the child alone with Al Gore.

      5. Leaving the child alone with Bill Clinton.

      4. Letting the child go to a public school.

      3. Giving the child both a knife and the movie scream for the childs birthday.

      2. Allowing the child to train the pet Siberian Huskie.(I don't think that's spelled right.)

      1. Giving the child a loaded handgun.

      Disclaimer.
      (Don't get me wrong I believe that everyone should have the right to own firearms. But, children should never have access to a gun and any household with a gun should train children from an early age about gun safety.)

      --
      Environmentalists are their own worst enemy. ~tricklenews.com
    2. Re:What the Hell? by 1337d00d · · Score: 3

      5. (Unless you're an innocent, non-sexual-content website, in which case you will almost certainly be blocked -- It's happened to me more than once).

      Yeah. This can be very painful. Example: The network tech had just installed some censorware to keep us 'task-oriented'. Now, we were moving between servers, so our email accounts were all down. To hold us over until the new server arrived, we got Geocities mail accounts. These were fine, except that the censorware blocked out Geocities as a 'massive porn trade center'. (This was because geocities hosts some less than appropriate websites) Quite conveniantly, the network tech was flooded with messages (he had personal email at another ISP) telling him that everybody in the office, at various times, had been visiting a massive porn trading center. Now, since the software failed to tell him exactly what 'porn trading center' we were visiting, he just compiled the reports into a binder and gave them to the CEO. The only thing that saved us was that the CEO himself had tried to get to his mail account, and was not appreciative of the report that he had visited the trading center. The issue cleared itself up presently, but we've never used censorware since. (But the network tech does check out the weblogs occassionally. That's probably the best way.)

  127. It's not just the porn by Kryptonomic · · Score: 3
    What worries me the most is the tendency of mainstream media to go along with the idea that the net is the next dangerous place to a war zone and must somehow be censored or controlled. And I am not talking just about the US mainstream media (to which the idea of net censorship would seem to be more than welcome for some reason). The BBC World, for instance, has been running recently a special report on hate sites in the net and tone of the report was that of "the end justifies the means" pro-censorship. Needless to say that I vehemently disagree with the message these hate sites carry, but to my mind it is a lesser evil to tolerate them than to start the vicious cycle of censorship which would eventually bites us back and wouldn't stop their moronic dribble being spread anyway.

    Has the traditional media become so accustomed to freedom of the press that they don't realize that should global net censorship become reality their freedom would be on the line as well. Or is it so that the traditional media sees the net as competition and consequently tries to counter it this way?

    This reminds me of a special net report in a local paper. The article was highly critical of the net (full of porn, bomb making instructions, etc.) but what the reporter found most threatening was the absence of any authority who would decide what information is "official" and what is not. He felt that people might become confused by false information in the net and some sort of global control mechanism should be built in to guarantee the accuracy of information on line. In essence, he was asking for censorship.

    In spite of this being said in a small, local paper, insignificant to the global nature of the subject, it sent shivers down my spine even then. But now large media giants such as BBC, CNN and others that people implicitly trust (it is "official" information, after all...) are beginning to hint that the net is an incredibly dangerous place and should be handled with tougher legislation than normal media, the future does not look good. With backing from media and hyped up public it will be easy for politicians to start drafting draconian legistlation to combat the "evils of net" even on multinational/continental scale.

  128. How is this true? by Yu+Suzuki · · Score: 3
    I'm no expert in the field, but wouldn't it make more sense to simply ban erotica (read: porn) online? As numerous studies have proven, mandating censorware has the potential to block out a lot of material that isn't erotica (read: porn). However, banning erotica (read: porn) would simply nip the erotica (read: porn) problem in the bud and leave other sites to carry on their business without being falsely accused --all the erotica (read: porn) sites have closed down, so nobody would accuse any of the sites of trafficking in erotica (read: porn).

    I know it seems weird to supporting government-mandated censorship of erotica (read: porn), but, as so many things in life, it's a trade-off. On one hand, we could give up our rights to free erotica (read: porn) to the relatively trustworthy government (the government may not always be doing the right thing, but at least they're not out to make a profit). On the other hand, we could keep our erotica (read: porn), but only that which is approved by our corporate masters over at Hasbro. Government censorship of erotica (read: porn) or corporate censorship of everything? The choice seems clear to me.

    Yu Suzuki

    --

    Yu Suzuki
    Deamcast. It's thinking.

  129. They said what? by Duxup · · Score: 4

    I'm reading the comments on the article above where I see the following line:

    "Essentially they are telling the court "you should not allow COPA because, instead of banning sex, the government could install censorware and that would be better.""

    I read the article and I see where the article notes that the ACLU seems to support parents installing such software. That I understand. However, I do not see where the ACLU has suggested the government too install such software, just suggesting that they seem to support parents doing so. That's a big jump assuming that because the ACLU SEEMS to support individuals installing software to filter something from their children that they also support the government doing so based on the fact that fact and that they note that censorware is "a less restrictive alternative."

    Just because the ACLU doesn't seem to have a problem with me sending my kids (actually I don't have kids, but if I did) to bed without ice cream. Does not mean that they would support the government mandating that everyone has been a "bad boy/girl" and somehow restrict everyone's ice cream intake, just because the ACLU feels that it is less restrictive than making ice cream illegal in general. I don't think they would support either myself (and thank goodness!)

    I wonder if anyone else sees it that way or if I've maybe misread this?

  130. This is how the law works by alexhmit01 · · Score: 4

    Explicitly protected rights in the Constitution are granted the strictest protection. For the state to curb them, they must demonstrate:

    1) A compelling state interest
    2) The law is the least restrictive approach

    The state can show that preventing minors from accessing porn is in the state's interest. This is TRUE, if for no other reason than certain parents, fearing their children's exposure to pornography, will prevent their children from accessing new technology. This will prevent those children from having the same opportunities as others.

    Regardless of whether you think that exposure to porn is detrimental, it is believed that it is, and there are genuine harms from not having a solution.

    However, site owners have a Constitutional right to this protected speach. Adults have the legal right to access this speach. However, the state has the right to try to protect children from this speach.

    The ACLU's argument is that there is a less restrictive means, censorware. Requiring adults to register to receive persecuted speach would be horrific. This is speach that many Americans want to silence, therefore, requiring adults to admit to partaking would be effective censorship. As a method for protecting children, this is NOT the least restrictive means, as the censoring products can accomplish the goals without restricting the rights of others.

    Now, the censorware has problems. In general, these problems are not the availability of porn, but rather the other stuff blocked. As a result, children behind this wall are having their rights to access protected speach violated. Therefore, the state cannot impose it on something like a library.

    Clearly these views ARE consistent. Filtering software CAN be used by parents to protect children, so a restrictive law is not needed. Mandatory filtering prevents minors from accessing protected speech, so are also bad.

    Alex

  131. What is wrong?The ACLU is saying that it's A-Okay. by ratsdliw · · Score: 4
    The ACLU is saying that it's impossible to filter the internet but they agrue it's better to filter it than ban offensive content completly.

    They want to refine the wording of COPA as not to make it overly broad. The main complaint is what kind of nudity is "harmful to minors". Where does one draw the line?

    COPA defines material that is "harmful to minors" as:
    [a]ny communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that -- (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manor patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

    As you can see this gives the government sweeping power in what they can ban. I think it's insane when our government tell us what "lacks serious literary" value, etc etc.
    You can get the whole motion here.
  132. Why the ACLU is doing the right thing here by IO+ERROR · · Score: 4
    Under U.S. case law, courts will usually nix a law on free speech grounds if there are other "less restrictive" alternatives to accomplish the government's goal. For the ACLU, the existence of filtering software -- even with its faults -- is a way to convince judges that there are options other than COPA.

    In such a case, "government must make use of less drastic means if it would regulate at all," writes constitutional scholar Laurence Tribe in American Constitutional Law.

    That a "less restrictive means" exists is sufficient for the Supreme Court to kill a law on free speech grounds. The government doesn't have to use it. And the Supreme Court can't mandate such a use anyway.

    What this means is that, finally, censorware is going to do some good by getting this law killed.

    Government-mandated use of censorware will get killed on other grounds in completely separate cases.
    ---

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
  133. Our view on sex is warped by rodgerd · · Score: 5

    For some reason (I blame the Puritans 8) the English speaking West has an utterly warped view of sex, and on keeping children away from sex (where "children" seems to include, eg, 21 year olds if you're the US vice-president's wife).

    This leads to insane anomalies, such as a 16 year old being able to view graphic depictions of violence being perpetrated for yucks, while people having sex in even the most conservative context (loving relationship), never mind fun, is walled away behind felony statutes. Heck, in many parts of the English-speaking world, people can legally have sex before they can view it. Which is nuts.

    Meanwhile, other parts of the world worry more about, eg, the productizing of childhood (eg, Sweden's restrictions on advertising to children), or promoting the notion that violence is a good and fun way to solve problems (Germany's restrictions on pro-violence games). You'll forgive me if I think those countries have their heads screwed on right - I'd rather 14 year olds get the message that sex is natural and enjoyable (in the right circumstances) than thinking that beating people up is neat.