Child Porn Bill Reviewed

WASHINGTON, D.C. -- Once again the U.S. Supreme Court is returning to the drawing board to resolve the longstanding argument on how to protect children from exposure to online pornography while at the same time not infringing on First Amendment rights.

The Court will decide whether the government can require adult webmasters to install some form of an adult-only screening system to ensure that children cannot see adult material deemed harmful to them.

According to reports, this is the second time in two years that the high court has reviewed the Child Online Protection Act (COPA), an Internet pornography bill passed by Congress in 1998. So far no law has been enacted and each attempt to pass the Congress-backed bill has met with complex and contentious arguments related to free speech and civil liberties.

The basic premise of COPA, according to the bill's verbage is to "prevent trafficking in child pornography and obscenity, to proscribe pandering and solicitation relating to visual depictions of minors engaging in sexually explicit conduct, to prevent the use of child pornography and obscenity to facilitate crimes against children, and for other purposes."

COPA could have far-reaching implications for the adult world, and according to reports, if enacted, it could mean six months in jail and $50,000 in fines for first-time violators and additional fines for repeat offenders.

The American Civil Liberties Union (ACLU) blocked COPA in 2000, claiming it was a form of censorship and that its terms were so broad that it would outlaw pornographic and non-pornographic material that adults have the right to see.

Most recently, the Supreme Court struck down COPA in March of this year calling it unconstitutional in that it allows the Internet to be "judged by community standards."

The ACLU has been a staunch supporter of adult websites, adult magazine sellers, and other businesses and individuals involved in the online adult and sex industries and sees COPA as a "damper" on free speech.

According to the ACLU, COPA directly targets online pornographers and could possibly make criminals of many people who use the Internet for legitimate, often health-related reasons.

However, from Congress' perspective, COPA is a justifiable means of targeting commercial pornographers. Among the many facets of COPA's terms, the court could target websites that use sexually explicit "teasers" to lure in customers, very often snagging children in their attempt to gain adult subscribers. COPA could also require adult website owners to ask for credit card and contact information before permitting access to adult content.

Among the bill's more argued points, COPA could prohibit virtual child pornography, which includes digital depictions of minors engaging in sexually explicit acts.

"COPA is just as unconstitutional now as when federal courts struck it down in 1999 and again in 2000," said Shari Steele, executive director for the Electronic Frontier Foundation, a civil liberties organization. "We are pleased the United States Supreme Court has agreed to hear the case so that COPA can follow its predecessor, the Communications Decency Act, into the dustbin of history."

President Bush recently made a plea to Congress to take faster steps in protecting children from online pornography.

Bush was quoted as saying: "The Senate needs to get moving and join the House in providing our prosecutors with the tools necessary to help shut down this obscenity, this crime."

Bush announced that he wants to double funding available for undercover chat room investigations from $6.5 million to $12.5 million beginning in October of this year.

"Our efforts to fight Internet exploitation of children extend throughout this government, throughout all levels of government," Bush was quoted as saying.

"It is very important that we prosecute those who manufacture and distribute child pornography," said Joan Irvine, executive director of Adult Sites Against Child Pornography (ASACP). "I am not an expert on the First Amendment or free speech issues, but child pornography is horrific and we need to do everything we can to eliminate it from the Internet. ASACP and many professional adult sites are working very actively to facilitate this."

The Supreme Court's decision on COPA is expected sometime in June, 2004.

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

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Show More