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Pennsylvania child porn law struck down







Pennsylvania child porn law struck down

Pennsylvania child porn law struck down 09/11/2004 01:12 PM

A Pennsylvania law requiring ISPs to block access to web sites containing child pornography was struck down today. The judge cited First Amendment issues as one of the factors in the decision.




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Free registration is required to read the article. “A federal court struck down a Pennsylvania law yesterday, ruling that the state could no longer force Internet service providers to block customers’ access to Web sites thought to be distributing child pornography. The decision is considered a broad victory for both free speech and Internet-rights advocates who have argued that although the Internet Child Pornography Act of Pennsylvania was well-intentioned, its methods and unintended effects were…

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Court strikes down Pennsylvania porn law 09/10/2004 02:23 PM
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Federal Judge Dumps Pennsylvania ISP
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Federal Judge Dumps Pennsylvania ISP
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We've written before about a Pennsylvania law that require d ISPs to block anyone from accessing child porn. There were obvious problems with this law. It's good that Pennsylvania wants to stop child porn, but putting the burden on the ISPs is the wrong way to go. ISPs, of course, are just the pipe. They shouldn't have to worry about what their users are, or are not, accessing. It was also problematic that Pennsylvania was using a ban-list that no one was allowed to review to make sure it was fair. The biggest problem, however, was that ISPs blocking sites ended up blocking other, perfectly legitimate sites that were simply hosted on shared servers. Now, a federal judge has decided that's simply too big a cost and has said the law needs to go. What still doesn't make sense, is that if Pennsylvania was able to identify all of these child porn sites, why were they wasting time getting ISPs to block them, rather than going after those who were actually responsible for running and hosting the sites, and get them taken down that way?

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BT acts against child porn sites 06/08/2004 07:41 AM
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Lots of folks are talking about the decision by BT to b lock access to child porn and how this is the "first mass censorship of the web attempted in a Western democracy." Actually, that's not true at all. Pennsylvania has been forcing ISPs to do this for years. While most of the Guardian article above focuses on how it's now technically feasible to do so, it doesn't really get into the reasons why this is problematic. First, it's unclear who gets to make up the list, and how they decide what's "bad" and what's acceptable. The article mentions a list, but it's not clear that's the list that BT will use - or if there's any kind of appeal procedure for sites that have been unfairly blocked. It's also not clear if (as in Pennsylvania) blocking a site that's on a shared server will mean every other site on that server will also get blocked. The article talks up how this was an idea by NCH, the children's charity who has a habit of putting out very biased and very misleading studies trying to blame child porn on everyone but the people actually creating and hosting the child porn. This is yet another effort by them to try to hide away the problem, rather than dealing with its root causes.

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