Saturday, September 08, 2007

S 49 would require webmaster to "label" sites with troublesome content

While waiting to see what happens with a possible appeal to the Third Circuit of Judge Reed’s March 22, 2007 on COPA, one may want to checkout a summary writeup by
Thelen Reid Brown Raysman & Steiner.

This article discusses a few other legislative efforts, like the Deleting OLP Act (H. R. 1120) and Protecting Children in the 21st Century Act (S 49). (Go to and key in “S 49” and fill in the radio button.) The bill would require websites do display warnings of explicit content on index pages of commercial websites, domains or subdomains, under regulation of the FTC. The bill could provide quite a headache in practice for sites with “legitimate” but explicit information, in terms of required “warnings”. I believe that the ICRA content labeling concept, already developed on this blog, is a more appropriate way to accomplish the goals of this provision, but it would require that parents know how to use label filters, as well as some more development in the software industry (especially with browsers). This bill does have a “safe harbor” provision regarding content posted by users, reminiscent of the old CDA “Section 230”.

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