A legal challenge to Utah’s new Internet porn-blocking law is said to be likely, after Internet service providers in the state reportedly complained the law will add nothing to any battle against porn.
"The market has already responded to this issue," Pete Ashdown, president of Salt Lake-based ISP XMission, told reporters. "We have for many years provided an optional filter for our customers that they can turn on in Internet browsers."
The Center for Democracy and Technology, an interest group based in Washington that tends to support free speech in cyberspace, said the Utah law “will very likely lead to a costly litigation.”
Signed earlier this week by Gov. Jon Huntsman, the law requires ISPs to offer free porn-blocking software or face felony charges, and requires content providers—especially adult content providers—label their sites harmful to minors or face a year behind bars and a $2,500 fine.
The law also mandates creation of an “official” list of Websites with publicly available material considered “harmful to minors” and subject to ratings.
Utah originally pondered a version of the law that would have required ISPs to block sites based on numeric Internet protocol addresses, but Utah ISPs argued that could end up blocking non-adult and legitimate news and information sites as well, a fear some stil have even with the watered-down version now in effect.
Pennsylvania had a law similar to the original Utah proposal, but that law was struck down as unconstitutional two years ago. “We’ve been down this road in Pennsylvania,” EarthLink vice president Dave Baker said of the Utah law. “And if (the Pennyslvania) law can be struck down on constitutional grounds, (the Utah law) will almost certainly face challenges.”
Though the Utah law is watered down, it still "will very likely lead to a costly litigation," said the Washington D.C.-based Center for Democracy and Technology.
"We've been down this road in Pennsylvania," said Dave Baker, vice president for law and public policy at EarthLink Inc. "And if that law can be struck down on constitutional grounds, this one will almost certainly face challenges."
The Utah law also requires companies that build and maintain pornographic sites to label the content "harmful to minors." Failure to comply is punishable by one year in prison and a $2,500 fine.
