Justice Department Trying to Revive COPA

PHILADELPHIA — Government lawyers tried Tuesday to revive the Child Online Protection Act, a 1998 law designed to keep online pornography away from children.

The law never has been enforced because sexual health sites, Salon.com and other web publishers sued and won a temporary injunction that the U.S. Supreme Court later upheld. The law was declared unconstitutional with a permanent injunction last year, and that decision was appealed by the Justice Department.

COPA would make it a crime for web publishers to let children access material deemed "harmful to minors" by "contemporary community standards." The sites would be expected to require a credit card number or other proof of age. COPA does not cover chat rooms, You Tube and other interactive sites that emerged since it was passed. Penalties include a $50,000 fine and up to six months in prison.

The 3rd U.S. Circuit Court of Appeal judges hearing the current case have questioned whether COPA would be effective, given estimates that half of all online porn is posted overseas, beyond the reach of U.S. law.

Lawyers with the American Civil Liberties Union, representing Salon.com and other sites that initially challenged the law, argue that Internet filters block 95 percent of offensive content, and can be set to match a child's age or a parent's judgment.

But only half of all families use them, Justice Department lawyer Charles Scarborough countered.

"If there is nothing that works perfectly here, why not go with the thing that least offends the Constitution?" Judge Thomas L. Ambro asked.

Scarborough argued that the nation needs "a belt and suspenders approach" to the complex problem.

The three-judge panel did not indicate when it would rule.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BranditScan Rolls Out 2 New Platform Features

BranditScan has introduced its new Traffic Optimization and Doxing Protection features for creators.

NMG Management Partners With Cosplayground to Scale Distribution

NMG Management has partnered with Cosplayground to expand the studio’s digital distribution and licensing operations.

Dreamcam Rolls Out 'Voice Translator AI'

Dreamcam has introduced a Voice Translator AI to its livestreaming platform.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a pending ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Climaxx Media Launches Networking Platform

Climaxx Media has officially launched its new networking platform.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Show More