Wednesday, October 03, 2007

COPA -- ACLU receives government's brief for 3rd Circuit Appeal

The ACLU reported in a blog entry on Sept. 19, 2007 that it had received the government's brief of the appeal to the Third Circuit on Judge Lowell Reed's decision March 22, 2007 striking down the Child Online Protection Act (COPA). The blog entry is here.

The government is still trying to argue that COPA has a much narrower scope than what the words in the Act text themselves seem to imply. The argue that the Third Prong would apply only to older minors. They also argue that "commercial use" is really only commercial pornography (although the text of COPA clearly says otherwise).

So we seem to be running around in circles, quibbling about the scope of language. Whereas around us, the practical issue today is implicit content, a subtle issue that has surfaced with the social networking sites. There are legal risks in that concept that have barely been understood so far.

My journal continues....

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