Tue, Dec 02, 2008

Nation

After 8 years, Child Online Protection Act still not enforced

By Maryclaire Dale
The Associated Press
Tucson, Arizona | Published: 03.11.2006
PHILADELPHIA — It seemed like a good idea: Enact a federal law to protect children from sexually explicit material on the Internet.
But eight years after Congress passed the Child Online Protection Act, legal challenges from sexual health sites, the online magazine Salon.com and other Web publishers have kept it from being enforced.
The 1998 law would impose a $50,000 fine and six-month prison term on commercial Web site operators who publish content "harmful to children," as defined by "contemporary community standards." Opponents say that definition is so broad it would stifle free speech.
Now, technology experts and others oppose the law on more practical grounds — they say it's obsolete.
Parents today are more concerned about online predators than racy pictures, said University of Pennsylvania law professor Polk Wagner, who teaches intellectual property.
"This was a hot issue in the late '90s," Wagner said. "There are much more serious concerns (now): the instant messaging, the videoconferencing."
The Justice Department is nonetheless gearing up to defend the law at a trial set for October in U.S. District Court in Philadelphia.
The case spawned a high-profile debate recently when Google Inc. refused a government subpoena for documents the government sought as it develops its strategy.
Justice lawyers subpoenaed several leading search engines for information, apparently to study what information people seek — and find — online. They asked Google for 1 million sample queries and 1 million Web addresses in Google's database, according to court documents.
Google is fighting the subpoena, although primarily citing trade secrets, not privacy issues. Yahoo and others are cooperating, saying the information they provided does not identify individual users.
The U.S. Supreme Court has twice granted preliminary injunctions that prevent the government from enforcing the Child Online Protection Act until the case is tried.
The law requires adults to use some sort of access code to view questionable material.