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 © 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

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Tubes Booster Launches Web Hosting Solutions

Content hosting platform Tubes Booster has launched two new hosting solutions.

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

2026 XBIZ Conference Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Show More