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ACLU to Challenge Utah Porn-Blocking Law
delirium of disorder writes "Opponents of a Utah law that requires Internet service providers to offer to block Web sites deemed pornographic filed a lawsuit last Thursday to overturn the measure. The American Civil Liberties Union of Utah is seeking an injunction in federal court in Salt Lake City as part of its lawsuit claiming that the Utah law violates state residents' rights to free expression and unlawfully interferes with interstate commerce. The legislation requires the attorney general to create an official list of Web sites with material that is deemed harmful to minors. Under the law, Internet providers in Utah must provide their customers with a way to disable access to sites on the list or face felony charges."
So, part of the problem with this is that it turns many small Internet providers into de facto censorship organizations responsible for the policing and determination of ALL content hosted through them or make them software companies due to this little inclusion in the law:
260 (3) (a) A service provider may comply with Subsection (1) by:
261 (i) providing network-level in-network filtering to prevent receipt of material harmful to minors;
262 or
263 (ii) providing at the time of a consumer's request under Subsection (1), software for{ }
264 contemporaneous installation on the consumer's computer that blocks, in an easy-to-enable and
265 commercially reasonable manner, receipt of material harmful to minors.
The other major problem of course is that if the first course is taken, then Internet providers are legally *obligated* to be searching your computers or files for content in violation of federal law.
Of course this also begs the question of who determines "adult content" which should make one suspicious of motives as this law comes from a state that had a state appointed "porn czar" who was a self avowed virgin. Also, at one of the major Universities in the state, BYU felt that censorship of sculptures by Auguste Rodin was appropriate for the national tour a couple of years ago. Did they consider that "adult content"? What would they think of Internet sites covering sculptures of Michelangelo's David?
The other seriously maddening thing about this is that the little independent book shop just around the corner from me, The Kings English book shop would not be able to put any books on their website other than childrens books.
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This gives more ammunition to the rabid right in their attempt to make the ACLU the bogeyman for everything "evil" in this world. Of course the rightwing nutjobs forget that the ACLU has also defended Ollie North and Rush Limbaugh. I guess ingrates have short memories.
The target of this legislation also dooms it to failure. Business interests are not going to stand by and allow the Utah legislature make common carrier status a criminal offense. If that were allowed to stand then the phone company would be criminally negligent for obscene phone calls made on their lines.
Never let it be said that the Utah legistlature had real brain power. After all, the state produced Orrin Hatch!
"Rocky Rococo, at your cervix!"
Who needs porn when you're allocated 10 wives?
This is yet another example of a 'feelgood' law, that conservative lawmakers pass to appeal to their base, and to be able to see "See, I am fighting immorality!"
Yet the law is 100 percent ineffective. First of all, there is no way they can ever block every single source of smut on the internet. Seconmd of all, its an opt in system. You choose to have these sites blocked, the ISP isnt blocking them for you. parents can do this already with a number of 'childware' packages already out there.
So really, what is the law good for? Nothing, except appealing to the base.
What good is the ACLU challenge? None either, except making them selves look more like 'champions of pron' to the conservative members of this country.
Its all a bunch of chest thumping.
I bet there is a lot of girl on girl on girl on girl on guy action
Easy for US ISP's to implement: just ask your friends in Saudi Arabia how they did it!
10 ?"Hello World" life was simple then
First China now Utah.. Yea I guess that sounds about right.
So how does this substantially differ from Microsoft filtering certain words and phrases in China?
If I want to block Internet content from my children, this is my right (until they reach the age of majority of course). The same way I can block TV shows. This is MY responsibility and right, not some government appointed watch dog.
- - - - - - - - - - -
I am a programmer. I am paid to produce syntax not grammar. Deal with it.
Sometimes I think kids are going to grow up completely messed us with the crazy stuff they can see on the web just by typing "sex" in google.
Is forcing ISPs to block that kind of content going to solve the problem? Probably not, but I feel for them.
Personally, I'd like to see a law that makes it illegal for adult context to appear on a URL unless is has a special extension, something like ".xxx". Then it'd be easy for concerned parents (and wives!) to configure the browser to block anything from that extension.
Sam
if the idea is to keep minnors away from adult material ..
i am wondering why the government or companies are doing the job of parents..
if you let your child out of the net and don't follow what they are doing it is your own damn fault and you are the one to be held liable.. same thing as if your 10 year old is ...
never mind this argument always falls on def ears..
parents need to know what their damn job is and not blame the world..
take some responsiblity
'...if only "Jumping to a Conclusion" was an event in the Olympics.'
Under the law, Internet providers in Utah must provide their customers with a way to disable access to sites on the list or face felony charges."
I suggest that all Utah ISP's implement this with feature with a link from their home page "Click here to disable access to pornographic web sites" that leads directly to the ISP's account termination page.
How can it be a violation if it is an optional service offered to those who want it?
MadOgre.com
I grew up in Salt Lake City, and am (as you may have guessed) not a big fan of pornography. But at the same time, there's a right way to solve this, and a wrong way to solve this.
Legislating that ISPs have the responsibility to provide ways to block a list of offensive websites is a good idea and a bad implementation. That kind of censorship belongs on the consumer, not on the ISP. We might as well expect handgun realtors to provide a list of movies that children shouldn't watch to keep them from becoming violent. Sure, it's something to do about the problem, but it is the wrong thing.
I think the availability to minors of pornography is a huge problem, but there is (or at least there was) a real industry building up out of censorship tools for the internet, which provide the kind of services that this law was supposed to enforce anyway.
So I fail to see the need for such odd legislation. The right of censorship in the home has always been protected as a right of the individual, excepting those 'expressions' which have been defined by society has harmful enough to legislate against (i.e. kiddie porn). But within the bounds of what society has legislated to be acceptable, the right to refuse or accept media still belongs to the end user.
And please, if the problem is that you're trying to protect your children, please notice that it is *your* responsibility to look after and protect your children. Don't leave something so important to anybody else.
In Soviet Russia, us are belong to all your base.
What is the big deal? Just compile the official list into a hosts file with all addresses set to 127.0.0.1 and make it available on your web site for download. That is about 30 minutes of work and then you comply with the damn law and can get on with your business. It isn't worth arguing about this crap.
Oh well, what the hell...
Just who is going to draw the hard line between those various types of pornography? You?
The ACLU's argument against this law fails to mention that filtering can only be done on request of the customer.
Now why would the ACLU leave out that most important detail?
The ACLU does not believe in States' rights. The ACLU believes in civil liberties. You must be thinking of the ASRU (American States' Rights Union.) I don't think that organization exists, though. You should feel free to create it.
;)
Then, when a state wants to implement slavery, your organization could say, "Hey, the people of this fine state want slavery, so our organization supports it." Or, when a state wants to ban guns, your organization could say, "Well, the state should do what it wants." You would need to be consistent, of course.
I did not become a vegetarian for my health, I did it for the health of the chickens. --Isaac Bashevis Singer
So yeah I have already seen about 6 posts looking something like, "those crazy right wing nut jobs want to stop the righteous and omniscient ACLU from protecting my civil liberties!" Seems to be the trend on /. recently, which makes it less interesting for me to read.
However, despite whether you may think this is a left vs right issue or whatever, I find it highly disturbing that the more liberal groups continue their attempts to strip the rights of states to have their own laws, especially in a representative government.
The problem I really have here is that while all you pro-ACLU people continue to scream about the ACLU protecting my right to free speech, it seems that the ACLU is restricting the right of the people of Utah (in this case) to elect a government which is representative of their ideals and beliefs.
Remember, our representatives are put into their positions in order to act on our behalf. Who is to say the people of Utah do not want this law? Maybe they do. If they do not, they could elect individuals who would overturn said law.
Now I don't necessarily agree with this law and I don't necessarily dislike the ACLU, but this rabid attack on how the "right" is bad and the "left" is good is really starting to get simply immature and sickening.
From what I've gathered, the ACLU's objection is, of course, motivated by the fact that they reject censorship in any form. But the argument is legitimate.
Their argument is that the state is requiring ISP's to provide a particular service whether they like it or not. They are dictating how ISP's are "permitted" to do business, asserting that they need the state's blessing to run that particular type of business. I guess what really gets me is the government's attitude that ISP's are allowed to do business by the grace and goodwill of the government, not because it's one of the founding principles of this nation.
It's like if you ran a restaurant, and the government came along and said, "I see you serve cheeseburgers. Some people don't like to eat meat, and most people agree that eating cheeseburgers all the time is downright harmful. You'd better start serving some healthy vegetarian entrees or we'll close you down."
If the state of Utah still insists on making porn-blocking more widely available, the better approach would have been to make money available to the ISP's in the form of tax breaks or low-interest loans to encourage them to offer porn-blocking services to their customers. I'd still object on the grounds that the government is promoting censorship, but at least they wouldn't be forcing ISP's to do it at gunpoint like they are now.
The most daming question, though, is this: who gets to determine what constitutes a naughty web site? For some, a place like /. would be considered pretty taboo because people use bad language here. Any form of censorship necessarily imposes some person's view of morality on others.
If it's not one thing it's your mother.
How about tackling the cause rather than the effect?
Puberty?
However, they are up against a very steep wall of not being able to find a majority voice to contend with Utah's propensity to legislate their moral values
It doesn't matter if the ACLU does not find a majority voice, they're using the court system to contest the law. They only need a handful of justices to defeat Utah's propensity to legislate their moral values.
-py
What did the butchers do? They created new cuts of meat with new names that weren't on the price-controlled list. In short, they worked around the problem faster than the government could respond.
Gun manufacturers did similar things when so-called (so-called, because they're not really) "Assault Rifles" were banned by manufacture and model. Make a cosmetic change and slap on a new model number.
How can this be applicable here? The Utah AG is going ban sites by name. How fast can he update the list? How fast can he distribute it? Answer: not fast enough!
Consider this example of a workaround. A page with absolutely no infringing content that can't be legally banned. On it a link stating "Utah residents click here to access our site". Link changes daily -- even hourly. How do you put the target site on a ban list and distribute it fast enough? Won't happen.
This law is a feel good farce that won't stop anyone with an ounce of inventiveness on the web. End of comment.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
They can give the M$ uses a hosts file with the AG's list in it. Bam! those sites do not come up. This is only at the CUSTOMER'S request. It does not remove Pr0n from those who want it. The ACLU is showing how far into hell they are going looking for clients.
Yes, but should the government be forcing this "option." If it's an option that consumers want, then it can be offered as a service. That's how the free market works, you choose your service provider based on quality, price, and offerings.
Non-disclaimer: I'm a BYU student.
BYU doesn't offer a theology degree. *Every* student is required to take religion courses, since the church doesn't have professional clergy it would be redundant.
Exactly right.
To officially teach religion you need either a BS or MS (can't remember which) in something - doesn't matter what. (Yes! Even biology! Just to head that off...) To teach religion at a Church-run university you need a PhD. I have a friend who is getting a PhD in CS just so he can teach religion at BYU.
(No, it's not strange. He happens to be very good at both but finds ancient languages more interesting.)
I got my Linux laptop at System76.
That's too bad. The ACLU does not defend Nazi marches and protests; the ACLU defends their rights to march and protest. I personally suspect that most ACLU members find those people reprehensible - but they recognize that they have a right to an opinion, and the right to express that opinion - no matter how jacked up that opinion is.
Though most Americans often forget, the US was found on the principle that all speech has value, and that society as a whole is diminished by censorship. If you want to know where most of these beliefs came from try Jonathan Swift's On Liberty.