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Child Online Protection Act Struck Down


Court calls it unconstitutional

A federal court has upheld a ban on a law that would criminalize protected speech on the Internet.

The American Civil Liberties Union challenged the Child Online Protection Act (COPA) on behalf of a coalition of writers, artists and health educators who use the Internet to communicate constitutionally protected speech.

The American Civil Liberties Union

The 3rd U.S. Circuit Court of Appeals said in its ruling that the COPA law "cannot withstand a strict scrutiny, vagueness, or overbreadth analysis and thus is unconstitutional."

Previously, a federal district court and a federal appeals court found the online censorship law violates the First and Fifth Amendments of the Constitution. The Supreme Court upheld that decision, banning enforcement of the law in 2004 and sending the case back to district court to determine if there had been any changes in technology that would affect the constitutionality of the statute.

"Our clients provide valuable and necessary health and news information. Preventing adults from accessing this information under the guise of protecting children is not permissible," said Aden Fine, Senior Staff Attorney with the ACLU First Amendment Working group.

"There are more effective, less intrusive tools available to limit what minors can access on the Internet."
 

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About the author:
Mike is a staff writer for WebProNews.

Comments

One way to stop your internet savy chld.

I truley believe that the government should stay out of this.  It is and always should be the parents responsibility.  Sooner or later, whatever sortware you install to block your child from going to these sites, will be outdated or overcome.  One sure way is to use the plug method.  Pull the plug on the computer when you cannot be there to monitor. 

The best method really is to educate your child about these sites, don't constantly nag about them, as this makes the kids more curious.  After instilling this information learn to trust not criticize.

COPPA protects kids or companies?

Shortly after we started powerpets.com in 2002, we were contacted by CARU, the *company*, run and funded mainly by certain large companies such as Neopets.

After many talks and reading through a lot of documentation, it became clear that the law, while it's intention may appear to be protecting children, it really is to protect companies in the event of lawsuits. The gist of the law says that you'll limit kids from accessing areas where they may reveal personally identifiable information, and that you won't store any personal information about kids. *UNLESS* you receive a consent form from parents (and despite the act applying mainly to online content for sites like ours, you're not allowed to accept digital signatures)

It's flawed by nature. If you can't store any information, how are you supposed to stop kids from creating false identities where they claim to be older than they really are?

Other important things we found out, is that CARU only chases down companies which have sites that attract children by nature.  However, nobody has anything written down about what sites those really are. After five years, we gave up reporting sites to CARU as never any action was taken. It's safe to say that 8 out of 10 game sites don't comply with COPPA, and as far as we know, we're the only site out there that does actual moderation to track down kids who created false identities to avoid site restrictions. We can also tell you why nobody else does this - because it has a severe negative impact on company numbers. A company such as Viacom's neopets would crumble if they would take measures to ensure kids really sign up as kids and not avoid these restrictions by creating an additional account and pretend to be 15.

This problem can't be solved through laws, the solution needs to start at the Internet Provider.  They need to offer *wallets*, family accounts which clearly identify each person in the family. That information doesn't need to go anywhere else, but sites should be able to read just 1 or 2 numbers from the *wallet* in order to determine access.  This is the only way websites can effectively apply restrictions because they will know restrictions parents have set.

Once that is in place, much more effective safeguards can be put in place. A simple notice to a parent wallet indicating a child has signed up to a certain site with a request for a parent to visit a link where they can find out info and give the OK or not OK for more access.

In the end, CARU can't do much. They don't even bother checking out sites any more. the FCC, who can actually enforce anything, won't do much because most of the violating sites are cash poor. If the FCC can't fine them it's a waste of their money. Even if certain websites become profitable, and FCC fine would just mean someone declares bankruptcy and starts over under a different name the next day.

For you, as a parent, here's some tips on finding sites who bothered to comply with COPPA at least:
1) The site needs to have a readily accessible privacy policy outlining what information it stores and does not store from visitors.
2) The privacy policy NEEDS to have full contact information (company name, address)
3) The site needs to determine the age of a person by asking their full birthday.  If it asks "Are you 13 or over or younger than 13" -- that's a violation.
4) Most sites have membership options, if you find a payment goes to a person rather than a company, it's likely they aren't complying.

Stay safe!

children will view it what ever steps as a parent you may try

As a parent of two teenage boys i try to limit the time they spend on the computer, but kids are inquisitive and often bow to peer pressure of all sorts. I think we forget we where once teenagers and had the odd well just say glamour mag tucked under our beds. So im happy for my kids to see soft porn but would i would draw the line at any kind of extreme stuff.

You can protect your children but you can also smother them

they are going to be exposed to it eventually.

 

Mick

I can agree, boys will be

I can agree, boys will be boys and as they grow into teenagers with raging sex hormones then there is little you can do to stop them from looking at nudey magazines and nudey sites, in my opinion, teenagers are probably mature enough to look at this stuff, and are often at their sexual peak at age 16, which means you have a horny teenager and they are bound to look at porn, I may not be a parent yet, but once I do have kids and once they reach that age, I would have no qualms with them looking at porn, though the more extreme stuff like snuff and rape scenes I would have to draw the line at because  I stand against snuff since its horribly wrong.

Educate our children now

Look, the only way our children our going to survive anything that this world throws at them, is to educate them.  This is going to sound like a sales pitch, think of it however you want, but we have a home study course called: The Power of Success for Kids.  It has been out for about three weeks now, and my kids love it!

This course covers topics like:

Cheating Temptations & Penalties

Technological Distractions

10 Ways to help kids become better learners

Memory Boosters

Homework Helpers

Math Motivation

Spelling Power

Beating the Bullies (no, not beating them up!)

Listening Skills

Peer Pressure

Dealing with Distractions

Cues for Computers and the Internet

This is just a few of the topics in the 17 sections of high quality video series of the Passport to Prosperity home study suite.

You can check out the whole suite at my website http://www.joinaleader.com  and go to the product tab.  If you are interested, but need to see more, let me know, I will give you a free 30 minute tour of the products.  That will allow you access to the courses, so you can see the value for yourself.

Thank you and God Bless,

Steve Taylor

251-947-1621

 

what can parents realistically do

There are around a billion and a half people, children and adults, nannied by the government in what they are allowed to see and read online or in the bookshops.

The values of freedom of speech are precious indeed.

 

But how can parents *in practice* censor what their young children read and see on the Net?

For some children net nanny software is enough.

Others, more curious and tech savvy, know how to bypass the  wall. They may also get url's and content from their friends. Or be the ones passing it out.

For those, their parents have to prepare them for what they may see or read, before they find it themselves.

In this case loss of innocence comes early.

At what age can parents start to prepare their children for the  criminality, insanity and aberrations  that are found in  the real world?

Either way, through self-exposure or parental preparation, loss of innocence seems to be the inevitable outcome of children exposed to unlimited information.

Law, Internet and Children

As I have said for a long time it isn't up to the government to police what kids and can and cannot access online.  That is the job of the parents.  if the parents aren't tech savvy enough to understand their kids online activities and monitor them then they have failed in their duties as a parent.  Parents who let their kids wander the street without any knowledge of where they are or what they are doing have their kids taken away from them for being irresponsible and unfit parents.  Letting them wander the internet with absolutely no clue as to what they are doing or even bothering to check up on them is the same kind of irresponsibility, and should have the same sort of penalties for parents.

I agree with all of the above

While it is unfortunate  the introduction of techonology, exposes our children to more opportunities to be seduced online and exposed to things we don't want them to see or know; I agree that education and parental knowledge are the most powerful tools we have.

Raising children with a moral compass and making them respect themselves and others so they are not distracted by this type of media are the best we can hope to do for them. Sure they will eventually get exposed, things we see on TV are not always what we want for our children but eventually they will see it.

Once again, education and parent supervision are the most powerful tools we have! As a former teacher, Net Nanny and other software programs to block such content are an added deterrant and I highly recommend them. One such program is offered here for free and with subscription plans, providing a child safe browser that is only enabled to surf screened and protected sites for children.

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