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This is funny to read, mostly because this has all been gone through TWICE already... and twice the law has been shot down.
You need to recognize this action for what it is: Ashhahahahaha is too busy to go after porn people with the current wishy-washy obscenity laws, and next year is an election year. In order to get this concept back in the public eye, without taking any real action, you kick it back to the courts, get it shot down in flames. The judgement on this will help to elevate the subject back up into the public's eye, and maybe you can get enough people rallying to use this as an election issue. In the meantime, there is no need to go after porn people, because the law is "awaiting judgement".
Here is the basic problem with the law as written: It is not constituional in the US to stop the flow of legal material. Adult stuff, except for things that are truly obscene, is legal. You can buy porn tapes at your local video store, you can buy dirty magazines, etc.
The question has to do with restriction: In order to keep the material away from minors, are you excessively infringing on the rights of adults to free speech?
Quite simply, the law as written raises the bar too high, and makes it likely that adults wanting to see legal adult material would have it blocked, and as such, free speech would be restricted. Not just for porn, but for material of sexual education, breast cancer, plastic surgery (can't show or openly discuss breasts or buttocks), STDs, or any number of other "adult" but not illegal subjects.
As I have posted before, there shoudl be two VERY simple laws passed for the internet:
1 - A law should be written to state that the internet and other online services are deemed to be "adult" areas. Similar to a NC-17 rated film, you cannot access the internet unless accompanies by an adult. The responsiblity to control this access would be returns to the parents, teachers, and other people who supervise children and their activities. Website operators, provided that the material on their sites is legal (obscenity...), would be free from senseless attacks on protected free speech.
2 - a .KIDS domain registry should be created, maintained by a non-profit organization that would be responsible to register domains and assure that the companies operating in these areas were in fact "kid friendly", including assuring that privacy rights laws are respected, perhpas by requring a bond or other performance assurance before the domain is issued. All major browsers would be required to have a ".KIDS" filter built in, that would allow parents to block access to all of the net EXCEPT .KIDS domains.
Basically, it is easier to build a playground in a city than it is to try to make an entire city kid-proof.
This will never happen, because conservative blowhards would have to pass a law that made internet porn effectively legal, which would blow them out of the water come re-election time.
Alex
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