Child-Porn Blocking Law Tossed by U.S. Court

PHILADELPHIA —A federal judge on Friday tossed a Pennsylvania law that required Internet service providers to block customers from viewing child porn.

U.S. District Judge Jan E. DuBois said that today’s technology can’t be implemented “without excessive blocking of innocent speech in violation of the First Amendment."

“[The state] is permanently enjoined from taking any action against an ISP for failing to comply with an informal notice or court order issued pursuant to the Internet Child Pornography Act,” DuBois wrote.

The state enacted the law in 2002 that gave the Attorney General the power to fine ISPs up to $30,000 and hand out jail terms of up to seven years to company executives who don’t block customers from viewing websites that had been fingered by the state as containing illegal content.

The Attorney General’s office searched the Internet for child porn and also set up a web page that allowed Pennsylvania residents to report instances of child porn.

The office then "sent about 500 informal notices to the ISPs through whose services the offending material had been accessed, asking the ISPs to disable their subscribers' access to the sites. The ISPs generally wrote in response that they had complied with the notice," according to court papers.

The Pennsylvania law, collectively known as §§ 7621-7630, gave an ISP five days to block access to the website after receiving notice.

With the ruling, lawyers for the state said the technology exists for ISPs to block selectively and blamed Internet companies for not wanting to upgrade their systems.

They also argued that "a URL is neither a person, nor a real forum, nor a limited commodity," and that blocking access to web sites doesn’t interfere with free speech.

"Disablement of an ISP's customers' access to a particular URL for even an indefinite time does not implicate First Amendment rights," state attorneys said in a brief.

But lawyers for the Center for Democracy and Technology and the American Civil Liberties Union argued the technology used to block those websites was less than on-target.

CDT attorneys said that 1.5 million websites that don’t contain child porn have also been blocked since the attorney general's office started sending out notices to ISPs in April 2002.

The case is Center for Democracy and Technology, American Civil Liberties Union of Pennsylvania and PlantageNet Inc. vs. Gerald Pappert, Attorney General, No. 03-5051.

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

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Show More