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COPA Struck Down Again

Law blocking minors' access has never been enforced

By Debra Lau-Whelan & Norman Oder -- Library Journal, 4/15/2007

In a blow to the Child Online Protection Act (COPA), a federal judge on March 22 struck down the 1998 law, saying that it violates constitutional free speech. COPA aimed to keep Internet pornography from children by mandating commercial web sites bar children's access to “harmful to minors” material, such as by requiring a credit card.

Senior U.S. District judge Lowell Reed Jr. wrote that parents can better protect their children through software filters. He also stressed that COPA fails to address threats—such as online predators on social networking sites—that have emerged since the law was written.

COPA only targets web site operators, not their users, and has never been enforced. The American Civil Liberties Union, which has backed a broad coalition of writers, artists, and health educators with a diverse web presence, hailed the ruling as a victory. Though the American Library Association was not a party to the suit, as it doesn't affect libraries, the organization also expressed support for the ruling.

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