"Whoever, in interstate or foreign commerce, by means of the World Wide Web, knowingly makes any communication for commercial purposes that includes any material that is harmful to minors without restricting access to such material by minors pursuant to subsection (c) shall be fined not more than $50,000, imprisoned not more than 6 months, or both
"(Stuckey, 1999) COPA was declared unconstitutional by the Supreme Court after the ACLU filed a suit against the Department of Justice immediately after the act was passed.(ACLU v. Reno, 1998) This ruling was due to the fact that COPA was almost identical to the CDA, and it still raised high barriers to entry for adults. One positive result of COPA was the fact that Congress clarified itself on how it officially defines indecent material: "Any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post pubescent female breast; and (C) taken as whole, lacks serious literary, artistic, political, or scientific value for minors."(ACLU v. Reno, 1998) Basically, this definition was a combination of the Miller test resulting from the aforementioned case Miller v. California, and the definition of indecency given by the Supreme Court.
B. Children and the CD@ How Do We Keep Pornography From .
Our Kids?.
The question remains: if the government cannot keep indecent material on the Internet from minors, then who can legally take up that task? After having searched the internet for different methods of filtering internet sites, whether it be through the means of filtering software or through the use of a "family-friendly internet service provider (ISP)," I have come to the conclusion that it is up to the parents.
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