Court Asks for Evidence in ISP-Child Porn Probe

PITTSBURGH — The Pennsylvania Supreme Court, ruling in an emergency application, has ordered an evidentiary hearing to determine if a grand jury probe can proceed against an Internet service provider that has been charged with distributing child pornography.

Northampton, Pa.-based Voicenet Communications Inc. and its subsidiary, Omni Telecom, have tried to stop a criminal investigation by stating that investigators wrongly targeted them and violated the companies' rights of free speech.

Lawyers for the companies have argued that ISPs are merely conduits of information found on the Internet and not responsible for the content.

The court’s majority opinion said Friday that a Bucks County judge must hold an evidentiary hearing.

Earlier this year, district attorney investigators from Bucks and Delaware counties, as well as the state’s Attorney General's Office, seized computers and servers from Voicenet's corporate offices.

Authorities said in court documents that Voicenet and Omni distributed child porn on global bulletin board Usenet. The companies sold access to Usenet through software called "Quikvue."

Later, a Bucks County judge who supervises the grand jury denied the company's motion to halt the criminal investigation, which prompted Voicenet to take its case to higher court.

Voicenet asked for reconsideration, saying that a recent federal court ruling determined the government cannot regulate the content of an ISP.

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

The state enacted a 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 anything over the Internet that had been identified 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 those ISPs, asking the ISPs to disable their subscribers’ access to the sites, according to court papers. The ISPs generally wrote in response that they had complied with the notice.

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

In Friday’s ruling, the court sided with Voicenet, ordering the county court to hold a hearing.

In a dissenting opinion, Justice Ron Castille said the majority justices' "unexplained about-face will further enmesh us in an unnecessary and ill-advised micro management of the grand jury proceeding."

The case is In Re Bucks County Investigating Grand Jury, No. 119MM2004.

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

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More