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Challenging the Child Online Protection Act

narramissic writes, "Today in Philadelphia a federal trial got underway that will decide whether COPA is constitutional. The outcome will determine whether operators of Web sites can be held accountable for failing to block children's access to inappropriate materials. An article on ITworld outlines the arguments of the foes in the battle: the DOJ and the ACLU. If I were a betting woman, I'd put my money on the ACLU. Parents, schools, etc. have to take responsibility for the internet usage of children in their charge." Two courts have found COPA unconstitutional and the Supreme Court has upheld the ban on its enforcement, while asking a lower court to examine whether technological measures such as filtering could be as effective as the law in shielding children; thus this trial. The article does not mention that it was the DOJ's preparation for the trial that was behind its earlier request that search companies turn over their records — a request that only Google refused.

7 of 213 comments (clear)

  1. The name is wrong... by zappepcs · · Score: 5, Insightful

    This, even if enforced, will not protect children from themselves, or the unscrupulous... it will, however, give polititians someone to roast on an open fire to make them look good in election years.... This should be the VFMA (vote for me act) as that is how it will be used, like many other bad laws in the US

  2. nanny state by User+956 · · Score: 5, Insightful

    Parents, schools, etc. have to take responsibility for the internet usage of children in their charge.

    Why is it that the ACLU has to fight in court to get people to understand something that should be painfully obvious? Man up people, the government is not your mommy.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:nanny state by Anonymous Coward · · Score: 4, Insightful

      I also don't want my kids buying alcohol, cigarettes or porn. I cannot be there with them every time they are in a store. I rely on the law to prevent the clerk from selling them these things.

      If you can't trust your kid to obey the simple rules, by what right do you allow them to travel unescorted in public? You can and must be there every time your kid is unescorted by an adult; until such time as that child is old enough to be responsible for their own behaviour.

      It's no one else's job to enforce your personal little taboos. Maybe you think women need to have their heads covered with scarves, and that your children shouldn't have to see women with their heads bared. Maybe you don't think they should hear anything aside from your religious beliefs. Maybe you want to indoctrinate them in any one of a thousand different ways.

      Tough. Other people have rights, too. It's called free speech. If you don't want your young kids in a porn store, keep an eye on them until they're old enough to decide if they want to go in on their own. Once they're an adult, they get the right to make their own decisions. Until then, *you* have to take responsibility for their decisions.

  3. Re:What is Inappropriate? by Maxo-Texas · · Score: 5, Insightful

    What about string bikini pics.

    What about bikini pics that you can make out anatomy through (oh wait, JC Penneys add three months ago had that and it ran in the newspaper too).

    What about a lady in a full corset & stockings (that cover more than the bikini). ...holding a banana ...holding a zuchinni ...holding a vibrator ...holding a realistic dildo ...holding a real guy. ...with just a hint of her aereola showing. ...with the top half showing. ...with nipples. ...oh wait, it's really a male transexual (male nipples being legal) ...but he's in a corset. ...but that was fine for Tim Curry

    Someone else said it best here in the past.

    PLEASE post a web page with a continuam of pictures from fully appropriate to fully inappropriate with each one flagged as to how appropriate or inappropriate it is. That way we can all go to it and see what is an is not appropriate to have on the web.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  4. No, COPA is working as designed. by Tackhead · · Score: 4, Insightful
    > From a purely technical standpoint, these 'children protection' things are total bullshit. I remember faking my age all the time before I was 13 to get around those acts.

    DOS: No serial number required.
    95/98/SE: To cut down on casual piracy, enter this serial number.
    Win2K: Since that didn't work, it might phone home unless you ask nicely that it not phone home.
    XP: Since that didn't work, it won't activate until you let it phone home. Don't worry, we won't nuke existing installations.
    Vista: Since that didn't work, we'll nuke any box that stops phoning.

    Or if we're talking copyright - witness the evolution of the NET Act ("It's a crime if you sell it"), the DMCA ("It's a crime if you crack DRM"), and the attempt to pass something harsher (SSSCA/CBDTPA) a few years later. (Look for another attempt after the elections, and/or something to mandate DRM into the hardware specifications, as Vista takes hold in the marketplace and is once again cracked...)

    COPA was designed to ensure that under-12 kids could get Myspace pages, that under-18 kids can click "I'm over 18" to see b00bies, and that (not legally required, but I've seen it on many brewery/winery/distillery pages) under-21 people can click "I'm over 21" to read about booze.

    After a few years, and after enough "horror stories" have appeared in the press about how 11-year-olds are being victimized on Myspace, 15-year-olds are seeing teh b00bies, and underage drinkers are able to read about beer, legislators will have a wide selection ready-made excuses to come up with some sort of "Real ID" or single-signon system for the Intertubes.

    The courts only decide whether or not something's constitutional. Until they do so, it is constitutional. When the courts strike down COPA, it will be replaced by something even worse.

  5. How is this different that TV? by queenb**ch · · Score: 5, Insightful

    With Cable TV, you have the ability to set your television set to block specific channels - thinks like Skinamax, Spice, etc. These channels aren't automatically blocked. The parent has to sit down with the remote control and program it. I don't see why the internet should be filtered for the rest of us, because parents are too lazy to look over Little Johnny's shoulder and tell him to say off the warez site with the nasty ads.

    If you want the internet filtered for your kid, install and manage your own filtering software. It's the parent's responsibility to take charge of what their children are doing, viewing, etc. It's not the content provider's problem at all, particular on a medium like the internet where you have no face to face interaction (e.g. checking ID). Frankly, if you require a valid credit card, I think you'd solve the whole issue.

    My objection lies with of some of the banner ads and emails, which can be really atrocious. From time to time, I get things in my Inbox that make me cringe and wish I would remove them from my brain. "Barnyard" and "hot lovin'" should NEVER appear in the same sentence. I can only imagine something like that coming to a small child....

    2 cents,

    QueenB

    --
    HDGary secures my bank :/
    1. Re:How is this different that TV? by shmlco · · Score: 5, Insightful

      "I can only imagine something like that coming to a small child...."

      Half would say "ewwww" and half would start laughing, then they'd all turn on the TV or go out and play. Kids are not as fragile as we make them out to be, and most are terribly uninterested in all of that icky adult stuff.

      Or to quote, "Stop. They're KISSING again. Go on to the fire swamp, that sounded good..."

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.