Judge Throws Out Online Porn Law

PHILADELPHIA (March 22) - A federal judge on Thursday dealt another blow
to government efforts to control Internet pornography, striking down a
1998 U.S. law that makes it a crime for commercial Web site operators to
let children access "harmful" material.

In the ruling, the judge said parents can protect their children through
software filters and other less restrictive means that do not limit the
rights of others to free speech.

"Perhaps we do the minors of this country harm if First Amendment
protections, which they will with age inherit fully, are chipped away in
the name of their protection," wrote Senior U.S. District Judge Lowell
Reed Jr., who presided over a four-week trial last fall.

The rest of the article is here:
http://news.aol.com/topnews/articles/_a/judge-throws-out-online-porn-law/20070322093009990001

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Opinions/Comments?

Great question 'verbatimed',

This is such an emotional and explosive issue.

Taking a step back from the emotions and the 'David and Goliath'
syndrome that surrounds th whole issue, I come out with a few questions
for myself.

1) Should children be allowed to access 'harmful' porn on the net?
... Apart from some extremely marginal lose 'nutcases', I trust
the consensus is near 100% NO, or categorically against such access for
children.

If so, then the question becomes,

2) How do ensure that kids will not be exposed or be in a position to
gain 'easy' access to porn?
... That is where it gets more complicated!

Based on questions #1 and #2,

3) Is it possible to make porn illegal period!!!
... while a lot of well meaning people would categorically advocate a
'MAKE PORN ILLEGAL PERIOD' policy, and while there might be quite a
number in favor of such action, it is clear to an overwhelming majority,
that it woud be impossible to enforce.

So since porn is legal, porn sites are all over the WEB, and provide
access to anyone who can type 'google' on a keyboard.

4) SHould there be laws against WEB site operators whom allow under kids
to access porn on their site?
... if that were an effective way of dealing with the problem, we would
all be for it. But it is totally ineffective! How do you enforce such
a law! Complaints from parents (whom already don't have the sense to
control the issue in the first place), a government agency responsible
to analyze each situation and mount a case (accumulate proof) against
the operator, move the case to court, prosecute, get a judgment, and
possibly with luck, after 2-3 years of legal procedures, MAYBE CLOSE ONE
WEB OPERATOR. How about the million other sites that are out there,
fully accessible. That's the Goliath syndrome.
COuld we sincerely claim that this 'law' would make any difference in
acheiving the objective of BLOCKING PORN ACCESS TO KIDS???

Personnally, I am inclined to investigate further and possibly support a
completely different approach to barring porn access to kids.
... It is a two step approach, requires hard work, and takes time (not
instantaneous)

1) If you are going to approach the issue from a 'whose responsible' and
legal prosecution perspective, make the law against PARENTS and GARDIANS
(SCHOOLS, PUBLIC INTERNAT ACCESS). It might still be incomplete, but
would at least put the responsibility back in the right place: THE
PARENTS.

2) Push for bio/id (a fingerprint or an occular id) on all computers and
for all WEB access. It would singlehandedly kill the issue and then
some: it would also help reduce if not entirely eliminate pirating,
spamming, viruses, etc.

... Sure it would be a massive investment in general, (a huge central ID
bank would have to be put in place and managed; similar to drivers'
licence depositories when eveyone started owning a car). It would, in
my opinion, address the objective: 'BLOCK PORN ACCESS FOR KIDS', much
more effectively.

wow no need for such a big reply from me I will put it simple.
Education. There are plenty of website filters many built right into
internet explorer and other browsers PARENTS are and should be held
accountable for their kids actions. You are a parent with a computer and
internet access? Then YOU make your pc safe for kids. It's actually
pretty simple and alot of software that can be purchased for computer
control is very easily useable by any person with enough braincells to
sustain life.

Hey 'FedMan',

On the 'simple suggestion' you offer: education, you might have a
point, but you don't expand on the point you might have. So I ask you ,
how would go about resolving the issue of 'kids accessing porn', with
education. Who would educate. What would you teach them. How would you
argue that would work, or work better, where laws and other
technological initiatives have failed.

The other points you bring up were already raised: parents
responsibility, and current blocking and filtering technologies, are
not making it.

Fed and others who said parents. You got it in a nutshell (along with
public access sites such as schools and libraries, yes).

Who is legally responsible if a ten year old kid plays with his parents
gun and kills someone by accident? THE PARENT(S). That being the case.
Who should be responsible if a child accesses ANYTHING harmful on the
internet? THE PARENTS

and a side note. if something harmful includes a child stalker, of
course you cut the stalkers nutz off too.

umm voil I did not elaborate to a point but also I did it would be up to
the parents to get educated It would be costly but the best thing would
be to advertise on tv and maybe have an internet site set up for parents
to learn how to use programs that are designed to limit internet access
to certain keywords or websites, the is a ratings limit that is used but
we need to make it mandatory for all websites to use a certain rating
system then parents can just simply download the ratings certificate and
implement that in their browser.

Some really good suggestions here. I would however, like to see SOME
regulations about porn being so accessible. I know it it is the parents
responsibility (on the kid issue) but as citizens of the world, do WE
want that stuff flashed in our faces just because we click on a link?

whats sad is there will always be naughty girls AND boys out there on
the world wide web! All i can do is monitor my boy from what he is
viewing online. When he gets older and begins checking out sites on his
own I might not be right there with my lil snookums. May those adult
sites pray!!! the wrath of THIS MAMA wont be real pretty!!!

Parents should start acting like parents. Would you let your child
loose anywhere they wanted, without a chaparone? Why would you let your
child on the internet without one.


Lets all just let our kids do what ever they want, then when something
goes wrong blame someone or something else on the problem.

And just because I dont want to see something on the net is no reason to
get rid of it. If anywhere needs to keep free speech its the internet.