Federal Judge Blocks "CDA II"

Staff -- Library Journal, 2/1/1999

In a decision February 1, federal Judge Lowell Reed issued a preliminary injunction blocking enforcement of the Child Online Protection Act (COPA), also known as "CDA II." Given the breadth of the statute, Reed acknowledged, it was reasonable for the plaintiffs -- who include online publishers and booksellers -- to conclude that fears of prosecution would result in self-censorship, the New York Times CyberTimes reported.

The law -- which would require a credit card or other verification to block minors from "harmful to minors" material was aimed at pornography sites, though the plaintiffs argued it could encompass them. "Despite the Court's personal regret that this preliminary injunction will delay once again the careful protection of our children," Reed wrote "...perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection."

As with the original Communications Decency Act litigation, filtering software was proposed as a less restrictive alternative for parents to use. (Library use of filtering software wasn't addressed.) Filters "may be at least as successful as COPA," without burdening constitutionally protected speech, Reed wrote, noting that filters also encompass non-commercial and foreign web sites. The government has 60 days to decide whether to proceed with a full trial or appeal the preliminary injunction.