COPA gets put on Hold

A Federal Judge granted Internet Free Speech advocates a reprieve Nov 19th, issuing a temporary restraining order preventing US Department of Justice from enforcing the Child Online Protection Act. \n US District Court Judge Lowell Reed ruled to delay enforcement of COPA for 10 days, until Dec. 4th. This order may be extended pending a preliminary hearing scheduled for Dec 8th. \n COPA was passed when President Clinton signed the federal budget bill for fiscal 1999 and was scheduled to go into effect Nov. 20th 1998. The act would make it a federal crime to knowingly transmit digital materials commercially that is deemed "harmful to minors." Violators could face fines of up to $50,000 in fines or six months in prison. \n The federal government drafted COPA after the Communications Decency Act (CDA), was ruled unconstitutional last year by the Supreme Court. CDA, which prohibited "indecency" online and applied to all Web sites rather than just commercial ones, was determined to violate First Amendment Rights to free speech. Advocates of COPA state that the harmful-to-minors standard appears in many state and federal laws and is more defined than the indecency standard, making it constitutional. \n Free speech supporters disagree. Plaintiffs in the suit include EFF, the American Civil Liberties Union, the Electronic Privacy Information Center and the Internet Content Coalition. "The judge was very specific that this is not a final ruling on the merits, that it is preliminary--but it still indicates the court's determination that the plaintiffs are likely to succeed in further litigation," said David Sobel, general council for the Electronic Privacy Information Center (EPIC). "Although...preliminary, this ruling is a strong indication that the plaintiffs are likely to prevail and that the statute is likely to be found unconstitutional." \n Online news publishers, merchants, and others filed the lawsuit based on their belief that the law will put a wide range of Web masters in danger of prosecution for what amounts to constitutionally protected content, such as information about safe sex, gay and lesbian issues, medical conditions, or even poetry. Many of the media companies that published independent counsel Kenneth Starr's sexually explicit report accusing President Clinton of perjury also are taking issue with the proposed law, including EPIC and the Internet Content Coalition, whose members include the New York Times, Sony Online, CBS New Media, Time, ZDNet, and CNET: The Computer Network, publisher of News.com. \n AVNonline realizes the importance of this case to all Adult Internet businesses and free speech advocates. We will continue to report on any updates or changes to COPA and the temporary restraining order that was issued against it. You are encouraged to return here to avn.com and keep in tune with any new developments to this monumental case.