Pennsylvania
Porn Law Blocks Too Much, Group Says
[January 7, 2004]
WASHINGTON (Reuters) - A Washington
nonprofit group was scheduled on Tuesday to argue against
a Pennsylvania child-pornography law that has unintentionally
cordoned off wide swaths of the Internet for users in
and out of the state.
The arguments will be made before a
federal judge in Philadelphia.
Among the 600,000 sites blocked are
a community recreation center in Bradford County, Pennsylvania,
a tribute to a Paraguayan soccer player, reviews of
opera singer Alice Baker, and a vendor of "family
edited" DVDs that have nudity and other content
removed, the Center for Democracy and Technology said
in a court filing.
CDT, the Pennsylvania chapter of the
American Civil Liberties Union and Internet provider
Plantagenet Inc. have sued to overturn the law, arguing
that it amounts to an unconstitutional restraint on
free speech.
The law allows district attorneys to
require Internet providers to block access to a Web
site they believe contains child pornography. State
investigators have filed more than 500 requests since
April 2002.
But the blocking orders have rendered
inaccessible hundreds of thousands of other sites that
share the same address, CDT said. Out-of-state users
are affected as well because Internet providers such
as Time Warner Inc.'s America Online have no easy way
to only restrict access for customers in the state.
A better approach would be to sue the
pornographers directly, CDT said, or ask the company
that hosts the content to remove it.
State investigators said prosecution
is expensive and difficult, especially if the suspect
is located overseas. Getting a foreign Web-hosting company
to cooperate can be difficult as well, Acting Attorney
General Gerald Pappert said in a filing.
Internet providers can use a variety
of techniques to reduce overblocking, the attorney general
said, such as filtering out specific pages rather than
entire numerical addresses such as 209.25.162.15 that
underpin domain names like www.example.com.
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