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Free Expression and Censorship on the Internet: The CDA and the CIPA

Free Expression and Censorship on the Internet: The CDA and the CIPA. Michael Weiss September 14, 2004. What are the CDA and the CIPA?. CDA = Communications Decency Act Prohibits “patently offensive” sexual material being made available over the internet to anyone under 18

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Free Expression and Censorship on the Internet: The CDA and the CIPA

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  1. Free Expression and Censorship on the Internet: The CDA and the CIPA Michael Weiss September 14, 2004

  2. What are the CDA and the CIPA? • CDA = Communications Decency Act • Prohibits “patently offensive” sexual material being made available over the internet to anyone under 18 • Aimed at website operators • CIPA = Children’s Internet Protection Act • Libraries must adopt internet safety policies • Libraries must use filtering software

  3. Obscenity law is complicated • Obscenity is illegal, but • Pornography is legal, but • Child pornography is illegal, but • Virtual child pornography is legal • Three part “Miller” test for obscenity • “Community standards” • Different test for minors

  4. History of the CIPA • Signed into law by Clinton, December 21 2000 • 2nd provision struck down May 30 2002 by 3rd Circuit Court • Supreme Court, June 23 2003 overturns decision and upholds CIPA (6 – 3)

  5. Problems with filters • “Porn” filters have blocked • Knights of Columbus Council • California Jewish Community Center • Republican National Committee's Web site, • Juggling site • Health sites devoted to baldness and halitosis • Legal definition of obscenity calls for human judgment

  6. Some issues in CIPA decision • Adult patrons can request that filters be turned off • Is restricting access similar to choosing which books to get for the library? • Penalty for violating CIPA: loss of federal funds • “unconstitutional conditions” doctrine

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