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 © 2025 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

Jamie Young Relaunches Site Through YourPaysitePartner

Creator Jamie Young has relaunched her official website through YourPaysitePartner (YPP).

American Arrested in Indonesia for Producing, Distributing Porn

An American man is being held for allegedly producing and distributing pornographic content in Indonesia via social media, according to Indonesian national news agency Antara and other sources.

Creator of Hentaied, Parasited Launches New Site 'Vampired'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched Vampired.com as both a stand-alone paysite and part of the Hentaied.Pro streaming platform.

Australian eSafety Commissioner Demands Stricter Child Protection Codes

Australia’s online safety regulator, eSafety, is once again reviewing a “final” draft of industry codes to protect children from pornography and other age-inappropriate content, after eSafety Commissioner Julie Inman Grant rejected the previously announced “final” codes as insufficiently stringent.

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

Show More