ACLU And Others Weigh In On CIPA Injunction

A report on censorware.net has an update on the legal fight over the Children's Internet Protection Act; yesterday the ACLU, ALA and others filed briefs supporting the injunction calling CIPA unconstitutional issued by a three-judge court last May. The Supreme Court will hear the case on March 5th. (A search on "CIPA" is a good way to catch up on this act, which is basically about installing mandatory censorware on child-accessable publicly funded computers.)

Comments

Montel Williams Is My Cousin

[Acidic_Diarrhea]

Strangely enough, I'm on the same side as the ACLU on this one. I don't find myself here very often!

But anyway, kids need to be kept away from pornographic sites - that's clear. In the home, that's the job of the parents. In the library, that's the job of the library. Parents should be able to view the library as a trusted place to leave their kids. What needs to happen is that computers need to be available to kids which do have censorware installed but there also needs to be either a room that only adults are allowed into where computers free of censorware are available OR, upon issuing a library card, adults receive a password and user name to disable the censorware. That way, if kids are caught bypassing the censorware with a password, we can find out which user lost/lent his card to the wrong set of kids.

I don't want kids to look at naughty sites but I want people without Internet access to enjoy the fun of porno-babes as much as I do....well, not as much since they're in a public place. ;-)

ACLU, wrong again

[ObviousGuy]

The CIPA does not stifle free speech in any way. Blocking sites of prurient interest does not prevent anyone from accessing those sites, only at public libraries and public schools. As the ACLU has no problem with the CIPA in regards to public schools, it is obvious they see something wrong with preventing Tom the Bum from jacking off in the back corner of the library.

The reason libraries exist is to provide a place where the common good can be supported through the availability of writings and research. Since pornography serves no common good it stands to reason that libraries can be required to block it. Supporting the common good sometimes means blocking those things which would erode the common good.

Re:ACLU, wrong again

[Cyno01]

pornography serves no common good

You're new here, right?

This amicus brief quote says it all

[FunWithHeadlines]

" Because libraries lack the technological capability to block the Internet in any narrowly tailored fashion, CIPA's "technology protection measure" requirement effectively forces them to use commercial blocking software. Commercial blocking software is, however, ill-suited to the requirements of the First Amendment. First, the current market does not offer products designed to filter out only the low-value speech barred by CIPA. As a consequence, the blocking software currently available on the market purposefully blocks far broader categories that include protected speech. Second, companies that produce blocking software have little incentive to tailor their products narrowly. To the contrary, because underblocking, not overblocking, generates complaints, these companies have strong economic incentives to design their software to block in an overbroad fashion. Third, commercial blocking software companies can, and in some instances do, use criteria that systematically discriminate against certain viewpoints. As a consequence, CIPA's "technology protection measure" requirement forces libraries to regulate speech in manner that is systematically overbroad and that can involve viewpoint discrimination."

So libraries are de-facto forced to use commercial blockers. Commerical blockers block more sites than they should. They have economic incentives to block more sites than they should. And they have little consequence if they block sites that they personally just don't care for, if they idealogically oppose a site.

You could hardly ask for a more ham-handed solution to the problem.
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Re:Others more important?

[Tyriel]

The argument in this case is not over principles but over methods (well, the intelligent argument anyway). Nobody is advocating that we should do nothing to help protect children from porn and other objectionable content. The important point is that it should be the PARENTS doing this, and deciding what is appropriate and what is not - not the government. Even if the government is going to set some minimum standard, its methods for enforcement should not include mandatory (And often *overly* restrictive) software.

The ACLU's main point, as I see it, is that the protection of children from porn has become an "overvalued idea", and with this legislation is running rampant over the legitimate free speech rights of many other groups, such as those who want to use computers in libraries to browse the internet. If you can't do a research project on breast cancer, that may not be an ordeal worth jumping up and down screaming over, but it's a step in a very wrong direction.