Justice Department Trying to Revive COPA

PHILADELPHIA — Government lawyers tried Tuesday to revive the Child Online Protection Act, a 1998 law designed to keep online pornography away from children.

The law never has been enforced because sexual health sites, Salon.com and other web publishers sued and won a temporary injunction that the U.S. Supreme Court later upheld. The law was declared unconstitutional with a permanent injunction last year, and that decision was appealed by the Justice Department.

COPA would make it a crime for web publishers to let children access material deemed "harmful to minors" by "contemporary community standards." The sites would be expected to require a credit card number or other proof of age. COPA does not cover chat rooms, You Tube and other interactive sites that emerged since it was passed. Penalties include a $50,000 fine and up to six months in prison.

The 3rd U.S. Circuit Court of Appeal judges hearing the current case have questioned whether COPA would be effective, given estimates that half of all online porn is posted overseas, beyond the reach of U.S. law.

Lawyers with the American Civil Liberties Union, representing Salon.com and other sites that initially challenged the law, argue that Internet filters block 95 percent of offensive content, and can be set to match a child's age or a parent's judgment.

But only half of all families use them, Justice Department lawyer Charles Scarborough countered.

"If there is nothing that works perfectly here, why not go with the thing that least offends the Constitution?" Judge Thomas L. Ambro asked.

Scarborough argued that the nation needs "a belt and suspenders approach" to the complex problem.

The three-judge panel did not indicate when it would rule.

Related:  

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

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pineapple Support to Host Autism Spectrum Support Group

Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

ImLive Launches Revamped Member Loyalty Program

Cam platform ImLive has revamped its member loyalty program.

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

Show More