- Aug 20, 2000
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Tonight I became aware of a 15-year-old female registered on a website about human sexuality where the rules clearly state and only allow for the registration of persons at a minimum age of 18. Now, I've heard lots about the Child Online Protection Act and how it relates to online personal privacy and marketing sexual content to minors and always assumed the law was in good legal standing. After doing some reading, I'm a lot more puzzled at exactly what's going on.
FYI, COPA itself states:
A prohibition on the distribution of material harmful to minors (The term 'minor' means any person under 17 years of age), combined with legitimate defenses, is currently the most effective and least restrictive means by which to satisfy the compelling government interest;
Material that is harmful to minors is defined as any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors -- (A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; (B) by accepting a digital certificate that verifies age; or (C) by any other reasonable measures that are feasible under available technology.
The ACLU, EFF and EPIC apparently filed a joint lawsuit challenging the law's constitutionality. This Washington Post article indicates that "COPA remains inactive pending further court review." That said...where is the government going with this? If COPA isn't in effect, can't anyone, in effect, market sexual content to people of any age? Mind-boggling.
Some resources:
- Child Online Protection Act
- Primer: Children, The Internet and Pornography
FYI, COPA itself states:
A prohibition on the distribution of material harmful to minors (The term 'minor' means any person under 17 years of age), combined with legitimate defenses, is currently the most effective and least restrictive means by which to satisfy the compelling government interest;
Material that is harmful to minors is defined as any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors -- (A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; (B) by accepting a digital certificate that verifies age; or (C) by any other reasonable measures that are feasible under available technology.
The ACLU, EFF and EPIC apparently filed a joint lawsuit challenging the law's constitutionality. This Washington Post article indicates that "COPA remains inactive pending further court review." That said...where is the government going with this? If COPA isn't in effect, can't anyone, in effect, market sexual content to people of any age? Mind-boggling.
Some resources:
- Child Online Protection Act
- Primer: Children, The Internet and Pornography
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