Pennsylvania Law Requires ISPs to Block Child Porn 529
feed_me_cereal writes: "Salon
has an article describing a new law in Pennsylvania which requires ISPs to prevent access to child pornography on the internet. Under this law, the government can give ISPs a list of websites to block. Failure to do so can result in fines from $5,000 to $30,000 + jailtime. While stopping child pornography sounds noble, it seems that these powers will do little to meet this goal and much to allow the government to decide what websites are suitable for public viewing." Reader lightspawn provided this link to the law itself as well as another story at freedomforum.org.
oh great.. nationally blocked sites now? (Score:5, Insightful)
now the question is what if somone in pensilvenia uses some sort of web proxy to view such pages.. hrmm makes the isp still liable? does that mean that the isp has to block all web proxies out there
Re:oh great.. nationally blocked sites now? (Score:2, Insightful)
1. is the backbone an isp? (i think so
2. aol is an isp
The only true way for it to be monitored and proven is to have some sort of choke point where all net traffic in penn must go thru
to say just block the sites won't work.. you have to controll the flow of the data and scrutinize it
then again.. would it be illegal to encrypt your data you send out? or would you have to give up the encription to whom ever gets to monitor your data going in/out of penn?
Re:oh great.. nationally blocked sites now? (Score:4, Insightful)
just 1 question...
how bout your mail.. no not your e-mail
will you submit all of it to be scrutinized by someone just to help fight child pornography?
same with your electronic mail.
why not go further
to make somone responsible for you breaking the law is not very responsible legislature..
to pass a sweeping law without actually instituting methods to be required to follow is poorly written law..
with this new law could a larger more prominent isp claim that a smaller mom/pop isp allowed some users to get such material thus shutting them down and taking their customers?
The point i'm trying to make is that this law thou meant to stop something bad
and if you read all my posts you would see i proposed the only method possible that i can think of to stop and catch such illegal data transfer.
Quick fix (Score:5, Funny)
No internet, no kiddie porn websites.
Re:Quick fix (Score:2)
It's a cost of business. It will be passed on.
Re:Actually, that's probably what it would come to (Score:3)
as another twist, how about satalite connections? if i'm living in PA, i could run across to VA or OH, or NY and get me one of them there sat-a-lite internet dishes go home and i'm all set.
the analogy of kiddy porn to pot is to show that there are dumb ass laws being put on the books which have no business there. these laws are put there for feel good measures to get a few votes next time around. maybe i should take it to a arguably more socially accepted level? are the insurance companies lobbying for anti-cell phone laws? most of the current anti-cell phone while driving laws are at the local level (cities, towns, villages,etc). if it were a real problem for vehicle accidents, the insurance companies would be harassing the hell out of those slimy congress folks in D.C.
now, back to the main point. this law is down right basackwards and unnessarry. there's laws against making kiddie porn. laws agains distributing it. probably laws agains posessing it. now there's a law that an ISP has to police its networks for the stuff and keep it out? i'll have to go back to my pot analogy on this one. it's illegal to make pot. illetal to sell pot. probably illegal to posess it to some extent. should the right prudent folks of the commonwealth of PA force their phone companies to monitor all phone conversations (gotta include the cell folks) for possible pot deals? how is this really any different? sure kiddie porn is bad stuff, but you can go around making insaine laws and just blow it off saying "well, that kiddie porn is bad stuff and we're doing our part to keep it out of PA"
Two things... (Score:4, Insightful)
Secondly, who's to decide what's what? Is the ISP supposed to just carte blanche kill off anything that even resembles child porn? What happens to people trying to look at Anne Geddes [annegeddes.com] images? Who do you appeal to if an improper decision is made, and how does it work?
This seems like too much idealism and not enough rational thought.
Re:Two things... (Score:5, Interesting)
Re:Two things... (Score:5, Funny)
Overdue Library Books: Terrorism in the heart of our community
Right Turn On Red: Legitimate Liberty or Terrorist Vulnerabilty? Congress contemplates cracking down
I'm sure the list goes on.
Re:Two things... (Score:5, Informative)
And the state AG is the one that makes the blocking decisions; the law explicitly states that the ISPs are under no obligation to go searching on their own, to monitor content (to decide what to block), or to otherwise search for affirmative evidence of wrong-doing.
Now, the proxy issue... the law says "disabling access", which could be interpreted as either accessing directly (which makes a certain degree of sense, as the law mentions that banning requests should include URLs -- so ban the URL might be sufficient under that) or even banning indirect access (proxies, mirrors, and other foo).
I'd be inclined to think that the former was meant (ban direct accessing of the specific URL), but... you'd probably have to check the debate records to find out.
Re:Two things... (Score:4, Informative)
Is the ISP supposed to just carte blanche kill off anything that even resembles child porn?
Please retract knee from jerked position.
It's really simple. If the government notifies you that you're distributing child pornography, and you don't take it down within 5 business days, you get fined. If you do it three times, you go to jail.
Re:Two things...One Wrong at least (Score:2)
OK Both wrong. The State is to give and update a list of sites for ISPs to block. However, the articles do not state just how that list is drawn up or kept up to date. Maybe they'll have a new beaurocrat in charge of surfing for kiddie pr0n?
Re:Two things... (Score:2)
Furthermore, it's clear here who's to decide what's what. The Salon story states that "the onus [is] on the state attorney general's office to notify ISPs of what should be blocked." So the state AG office is the one who is going to have to pour over all those god-awful pictures of kids dressed up like bunnies and flowers and whatnot.
It's definitely a reactionary bill, though, and I do not expect the law to survive a Supreme Court challenge. (At least, I pray that it won't, as a PA resident.)
Give me a break... (Score:5, Insightful)
Oh, but then the article goes on to say that the law was passed last month: And reading even further, we see that this has been in the works for years: Please, read the facts before starting your rant! Now on to the important issue..this does seem to be a dangerous opportunity to for the government to begin censoring/banning web sites at will. I'm all for getting rid of the child porn websites, but I would rather it be done in a way that does not remove the freedom of surfing the web.
Rather than ranting and raving about how bad this is, why don't we try to come up with an alternative solution.
amazingly stupid law (Score:3, Insightful)
i just can't believe how stupid the whole thing is. if the law enforcement officials KNOW a site is child porn then wouldn't they be much better off going after the site itself rather than alerting the site owners by putting them on a hunted list?
moreover, wouldn't it be more useful to LET people access a known child porn site? a swift enough equipment seisure could offer further leads in email, log files, and so on.
i got all huffy when the french decided to sue some american companies for not blocking access to nazi paraphanalia sales when the sites, themselves, didn't control the sales. i see this as the same thing, though the subject matter is an order of magnitude more detestible. still, i say pennsylvania's going after the wrong people.
Re:amazingly stupid law (Score:2)
if the law enforcement officials KNOW a site is child porn then wouldn't they be much better off going after the site itself rather than alerting the site owners by putting them on a hunted list?
Except US law officials can't do anything about the sites in Russia or Singapore. But they can certainly stop the post office, UPS or Fed Ex from delivering those videos you ordered. So what's the difference with stopping the ISP's from delivering the content?
If ISP's are common carriers, like UPS, USPS, FedEx and the phone company, then just like the Government can intercept shipments of contraband shipped through the above carriers, it should be able to intercept delivery of information through an ISP.
Of course, this just means that the non-stupid pedophiles will visit the sites through proxy servers or similar.
Re:Two things... (Score:3, Funny)
not quite... (Score:2, Interesting)
The gov't has already decided that child porn is not suitable for public viewing. This is just one way of enforcing that decision.
While I'm as big a conspiracy theorist as anyone, I do think this could actually stop some child porn.
This is so unrealistic, (Score:4, Insightful)
That I almost suspect its not supposed to be a real law, but rather something to make mothers feel better.
What a nightmare.. (Score:4, Informative)
We have an extreme version of this at our school - originally put in place to block porn, it was later extended to terrorism (fair enough), but then also anything under the "fun" category, the "online sales" category, and finally the "personal" category - laughably this last one includes ANY address with a ~ in the url.
Needless to say, the potential for abuse here, as well as complex legal arguments, is HUGE
Re:What a nightmare.. (Score:2)
Of course,
a) No block list will ever possibly be complete. Instead, perhaps investigators will search over time, and "concerned citizens" might send tips as well.
It is a logical question to ask, "how concentrated is child porn" -- that is, could one block several major sites and stop a significant percentage, or is it more widely distributed and hidden? I would suspect the latter, since due to illegality it's not in their interests to be prominent, major providers, but...
b) There will be a "grey area". Will the state AG go "judge shopping" to find a court that's more aggressive in labelling content as porn?
c) How the ISP blocks URLs... hm, filtering the HTTP requests as they pass through the routers, perhaps? Dropping connections entirely based on the IP won't work too well, since some may be dynamically assigned, and with hosting providers numerous innocent services would get whacked as well.
d) They need a list of ISPs and their contact information, including proxy servers since the latter could provide access. Ouch.
The precedent (Score:2, Informative)
I am all for killing off kiddie porn and the purveyors of kiddie porn but I nevertheless find this a little bit disturbing as a precedent. Today it is kiddie porn, tomorrow adult content sites, then sites that provide birth control information, then...
If it can be absolutely restricted to ONLY blocking kiddie porn and NOTHING else, then OK, but once the toe is in the door, it is hard to stop the leg, then the shoulder...
Did you READ the law ? (was Re:The precedent) (Score:3, Interesting)
Today it is kiddie porn, tomorrow...kiddie porn, then...kiddie porn!
Not only that, but a judge has to sign off on EACH AND EVERY SITE to EACH AND EVERY ISP. That's a pretty safe system.
Re:The precedent (Score:4, Interesting)
"once the toe is in the door, it is hard to stop the leg, then the shoulder..."
That is the classic slippery slope fallacy.
In this case, the slope isn't all that slippery, anyway. Child porn is unique in that it is fairly straightforward both to define (as depiction of minors engaged in sexual activity) and to establish the harm that it causes (since engaging kids in sexual activity tends to harm them, whether or not the activity is recorded or not). For most other kinds of porn, the definition and establishment of harm are a lot more ambiguous.
Re:The precedent (Score:2)
Except that in American anyone under the age of 18 is considered to be a 'child'. In most other First World nations the age is between 12 and 16.
Your child porn might be Holland's 17 Magazine.
Of course, if Pennsylvania feels like pulling these sorts of shenanigans then who am I to say otherwise? I don't live there, and with this sort of knee-jerk legislative response to a perceived problem, now I never will.
Max
Re:The precedent (Score:2)
Uhhh
Yes, the vernacular "child porn" might be considered to cover those two cases, but AFAIK the legal definition does not.
I would strongly oppose any such definition. If you enjoy a movie or videogame featuring violent murders, nobody claims that you're a closeted mass-murderer solely based on that. Similarly, if you enjoy a fantasy depiction of children engaged in sex, nobody should be able to claim you're a closeted pedophile based on that. They *do* claim that, I know, but I believe the law in this case errs on the side of caution. Fantasy harms no one as long as all involved are sane.
I think most of us enjoy things in movies, stories, and videogames that we would be absolutely horrified about in real life, and I am not aware of any law jeopardizing the rights of adults to access such works. If you know of any, please let me know, because I'll start writing letters to my representatives.
Re:The precedent (Score:2)
If it can be absolutely restricted to ONLY blocking kiddie porn and NOTHING else, then OK, but once the toe is in the door, it is hard to stop the leg, then the shoulder...
Except this slippery slope only works with things that are already illegal. They are banning kiddie porn, an illegal activity. There is no correlation with this being transferred to legal activities being banned. First they would have to make adult content illegal, and then they could ban it. The law can only even potentially be used to block illegal material. So the bigger problem would be these activities becoming illegal, not them becoming banned.
ACLU's position? (Score:2)
Isn't this contrary to the ACLU's positions on previous issues? I'd like to know the exact quote and the context.
Re:ACLU's position? (Score:2)
We are talking about pornography involving actual children, not stories or drawings. "Sexual abuse of children" != "Free speech". The ACLU would throw a hissy fit (and rightly so) if erotic stories or drawings were affected, but this law seems harmless enough to me.
Civil liberties isn't the issue (Score:2)
The problem is not the commendability of trying to legislate the issue. Rather it is the problem of forcing upon an internet service purveyor the monumental task of filtering THE ENTIRE INTERNET: an at-best prohibitive task fraught with missfires and at worst a constraint that will severely hamper other very proper and honest internet usages.
Legislation of this type is a copout that makes internet connection providers responsible for monitoring content they not only have no control over; content that rightly is the domain of law enforcement agencies to investigate and control-- but, it's much cheaper to foist the problem onto the back of already financially weak ISPs than give more money to law-enforcement.
It is totally realistic that the punitive damages ordained by this legislation will drive most ISPs in that state out of business, leaving customers with few choices for access. This, while at the same time totally failing to solve a problem which is quite badly exagerated in my opinion. Exagerated and used as the riding horse of people who would like the internet to be generally censored against everything they dislike.
Re:ACLU's position? (Score:2)
Re:ACLU's position? (Score:2)
Instead of working on issues themselves, they would rather pass the buck on the ISPs. Its easier to say "Mr. ISP" didnt block child porn/terrorism webpages so its "Mr. ISPs" fault.
This does nothing but try to pass the buck. The only way filters will work is with a national database that can be updated on the fly. Then 1 site is blocked by everyone in realtime. So after the billions of dollars spent on the war on childporn/etc.. for the install, upgrade of servers, and years of wasted legal resources...
They could just send a Cop to the guys house and arrest the idiot.
Say "No" to more laws, child porn is already illegal.
Whats next, DVDs not federal stamped as "Child" Friendly wont play on your dvd player? Oh wait, that would never happen.
-
My fellow Americans, I am pleased to tell you I just signed legislation which outlaws Russia forever. The bombing begins in five minutes. - Ronald Reagan, Said during a radio microphone test, 1984
Okay.. (Score:4, Insightful)
As long as there's a decent oversight so they only block access to child porn I don't have a problem with this. If they start blocking other stuff, that would be bad. It would also be bad if they used some kind of automated system, because that can go wrong. A person must verify these sites before they get put on the ban list.
Of course the big problem with this.. There is now a nice and complete list of child porn sites.. and you have people looking at this stuff all day.
Re:Okay.. (Score:2)
Re:Okay.. (Score:2)
Re:Okay.. (Score:3, Funny)
Comment removed (Score:5, Insightful)
The real clinchers are Kazaa and Gnutella (Score:2)
This isn't just ineffective. It will be counter productive: forcing the underground further underground and making secure peer to peer file sharing the standard way of sharing/trading/distributing this material.
Re:The real clinchers are Kazaa and Gnutella (Score:4, Insightful)
> This isn't just ineffective. It will be counter productive: forcing the underground further underground...
Kinda makes you want to jerk a knee with "Prohibition" or "War on Drugs" tatooed on it, donit?
These laws probably aren't supposed to be effective. At best they are a cynical attempt to get votes by giving the politicians something to point to as "evidence" that they're Doing Something About It. At worst, they become another black hole for tax money, a source of corruption in law enforcement agencies, further erosion of our traditional liberties from the legislatures and courts, and a huge revenue boost to criminal organizations.
Re:Easy to tell the difference (Score:2)
Re: (Score:2)
What Is The Standard? (Score:4, Interesting)
I admit this is a weak argument, but this is part of a larger issue. No Internet content ought to be blocked. The only filter should be your own brain. If you find this image [goatse.cx] offensive, don't look at it! It's just that simple. I agree, child pornography is absolutely sick, and the government should take steps to eliminate it and prosecute those who produce it. They should not on the other hand, enforce tactics for trying to regulate the flow of information to clients. This is impossible.
Consider the choices: regulate content flow to a billion+ clinets, OR, eliminate a few thousand content sources. *sigh*
Re:What Is The Standard? (Score:2)
I am a little unclear on the standards of child pornography.
Example. You're doing research on rain jungle aboriginies and there are pictures of children unclothed as they frequently are.
Re:What Is The Standard? (Score:2)
Thanks for the definition, but incidently, this is where my problem with the standard lies. First of all, any person can view anything with a mind for sexual gratification. Someone could get aroused by looking at pictures of aboriginies. On the other hand, how many know of little kids running around their lawn naked. How many people here have played in their little tot's swimming pool naked, in public display? This is not uncommon and there's nothing wrong with it. Little chilren are innocent and enforcing a sense of shame over their body is not constructive. Now, what if someone else in the neighborhood sees this and gets sexual gratification from it? Are the parents guilty of proliferating child pornography?
Re:What Is The Standard? (Score:2)
Now, what if someone else in the neighborhood sees this and gets sexual gratification from it? Are the parents guilty of proliferating child pornography?
No, because the nudity was not depicted for the purpose of sexual gratification.
The law is not a computer program. You can't set definate black and white principles for every single possible scenario. That's why we have judges and juries who determine these issues such as intent. Computer programs can't do that.
Nearly all laws work this way. If you give someone a pencil for the purpose of killing someone, you've committed conspiracy to commit murder. OTOH, if you give someone a pencil for the purpose of writing a note, and they use that pencil to kill someone, you haven't committed a crime at all.
Re:What Is The Standard? (Score:2)
In this case, the locality is PA. It will probably hold up, as porn in general is banned by several states (go to the Adam and Eve website to see where they can't ship).
My problem is: does someone register childporn.com? (Okay, yes. Someone in Belize:) But seriously, does someone in the US register any of these domains, or is most child porn traded through the Usenet, P2P file sharing, etc.? I don't know the community, have no desire to know the community. But it seems to me that:
a. This is a small problem, and the law was passed to appease the soccer moms;
b. This is a decentralized problem that can't be solved with a master list;
c. This is a big problem in PA because it is so full of pedophiles.
Probably some combination of a and b.
Re:What Is The Standard? (Score:2, Funny)
A legit link to goatse.cx that fits into the context of a
Re:What Is The Standard? (Score:2)
Not having a market will not stop people from producing it. And I am thinking of the children because I think resources would be better spent going to stop the source, rather than trying to halt the flow of information. Refer to my line at the end of my post.
And if there is no market for child pornograhy, then hopefully it will stop.
There already is no "market". People who produce it are aiming for their own pleasures and their quiet, under-the-table deals. It will not stop if the gov't fights the market, the same as drug trafficking has not stopped because the gov't has attacked the market.
Would you like to be one of those poor kids molested and whatnot just for the sake of some sick fat pervert hiding behind a computer screen?
No, which is why I am suggesting that the gov't try to stop people who are producing the content.
Re-read my post and use your brain this time. I am not in favor of child porn. I am saying that attempting to censor a medium like the Internet is not possible. You can stop the source, however. And in the news, I've seen many cases of producers getting nailed. They seem to have success putting money into getting these creeps in jail. The money will NOT do any good trying to censor it once it's already on the Net, however.
Educate the lawmakers (Score:2)
Having said that, it's important to recognize that the lawmakers who came up with this legislation are trying to do a noble thing, but their efforts are misguided and are doomed to failure, simple because of the mechanism through which they attempt to achieve their goal.
This is our fault. We need ot better educate our representitives with regard to technical issues, understanding of which is of great importance in drafting legislation in recent years. We need to teach our representitives about the technologies they wish to control through legislation or to legislate out of existance, before too many mis-steps are taken.
--CTH
First Amendment issues (Score:2)
This proposal, however, does neither.
1. An unnacceptable amount of government intrusion into people's affairs. I mean, the government could deem Arab web sites as harboring threats against the US and ban all the Arab servers they wanted. The government will always "err" on the side of deprivation of liberties.
2. Not stopping the problem. There are plenty of other ways to do this. Password-protected ftp sites, AIM/chat clients, Gnutella network to just name a few.
In conclusion, this law is probably the least effective way to do this: It threatens personal liberties much more than providing for the public good.
Re:First Amendment issues (Score:2)
The ol' slippery slope.
"If the government outlaws rocket launchers today, they'll be outlawing slingshots tomorrow? Where will it end?"
You might as well say "Well, if the government outlaws murder, it's only a small step for them to outlaw all *depictions* of murder. Next year we won't even be able to play Quake!" Murder has been outlawed since, well, forever, and yet our rights to enact it in movies, stories, and pictures remain unaffected. Not all slopes are slippery.
Erotic stories are one thing, but sexual predation of children is not free speech. Child pornography is illegal, and this law merely makes it a bit more difficult to distribute. Where's the harm in that? As far as not stopping the problem -- existing laws against child pornography obviously didn't stop the problem. Perhaps we should just repeal them all? For that matter, why is murder illegal? It still happens anyway.
Please convince me that a credible threat to innocent bystanders' personal liberties exists, and that the (threat * damage) is greater than the any positive effect this law could have. So far, I'm siding with the lawmakers.
Definitions (Score:2)
More power to them. (Score:2)
For what it's worth, I think all ISPs should be regulated just like any other type of public utility. I see no problem with this. If certain ISPs don't like it, there's a void that needs to be filled in the pshycic friend market.
Yes, I know, they could be giving out a list of sites like bushsucks.com and stuff like that, but I doubt it. Call me naive
Ultimately, in this case, this state government is attacking an earwig by drilling through the elephant's neck. I don't think this is an effective solution, but I don't think it's going to cause much damage on the ISP side either.
It's kinda bass-ackwards. (Score:2)
Whilst it's well intended and it's not that much of a bother blocking out websites from a list (which will most likely be out of date), but I think they're pointing in the wrong direction. Shouldn't they be going after the places where these sites are hosted instead of just ISPs? It's a lot easier checking someone's webpage content than it is going through tons of a luser websurfing logs. I can understand blocking for places where there's no jurisdiction, but there's gotta be something done about the places that host child porn as well because that's the place that holds the content.
Just my 2 scents.
Hmm.. I wonder if.. (Score:2)
cease to deliver mail, unless they stop distributing parcels from a certain list of adresses?
Technical implications of ban - no anonymity (Score:3, Interesting)
See:
SmartFilter's Greatest Evils:e stevils.php [sethf.com]
http://sethf.com/anticensorware/smartfilter/great
BESS's Secret LOOPHOLE (censorware vs. privacy & anonymity):
http://sethf.com/anticensorware/bess/loophole.php [sethf.com]
The Pre-Slipped Slope - censorware vs the Wayback Machine web archive
http://sethf.com/anticensorware/general/slip.php [sethf.com]
All of them, and a few others on http://sethf.com/anticensorware/ [sethf.com] , deal with this issue of the technical requirements for the control system.
The short version is that "disable access" arguably entails banning anonymizers/privacy sites, language translation sites, and more, since these all can act as a means of escape from the blinder-box.
Maybe access through these sites doesn't count as "accessible through its service". But I sure wouldn't want to be the ISP facing child-pornography charges over that argument ("You mean you allowed access to this anonymity service, which is used by CHILD MOLESTORS?!")
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
I am indicisive in this matter... (Score:2)
On the other hand, once you start forcing ISPs to block access to sites, then the sheeple get used to it, and it becomes easier to do it again. And of course, it is almost always for a good reason, right? Mom and Dad in Middle America(TM) don't see past the "Oh, they want to block sickos from looking at naked children? Good." They don't realize what this can lead to.
Why is it that the minority always seems to be the most vocal, while the majority seem to sit back and just shake their head?
Bass Ackwards... (Score:5, Insightful)
I understand that its not as easy as it sounds, but there are other remidies that I would think would be much more effective such as having the DNS entries yanked, the ISP of the site hosting killing the site. Maybe even the FBI raiding the place (obviously not feasible if located outside the US).
But to require ALL ISP's to block sites seems like a band-aid approach to the problem.
Re:Bass Ackwards... (Score:2)
If they know of a site that has child porn on it, why in the hell are they not going after the site instead of just blocking it?
Jurisdiction
But to require ALL ISP's to block sites seems like a band-aid approach to the problem.
You're probably right. But at least this law puts the onus on the government to maintain the list of blocked sites. What's most likely going to happen here is that a small number of major sites outside the U.S. will be blocked, and most will be ignored. Maybe this will help, or maybe it won't, but if it doesn't the government will now see first hand exactly why it is impossible to use this type of blocking technology.
Jurisdiction (Score:3, Insightful)
Sure, if the site is in the US. Try to start shutting down Web sites that may be perfectly legal in other countries but that those of us in the United States find offensive, and you're opening an ugly can of worms.
Hasn't somebody noticed the true headline (Score:3, Insightful)
Damn, and I used to work at an ISP in Pennsylvania. That list could be worth money to lazy pedophiles that don't know how to use Google.
Corporations = Enforcing federal law? (Score:2)
Poor ISPs (Score:2, Interesting)
The way I see it, telling an ISP to block access to child porn sites is like telling Interstate 80 to prevent motorists from going to Texas.
I feel sorry for the ISPs who are going to be jerked around by a government who has no idea how to implement an unworkable law. This is just another case where uniformed legislation is going to raise price for the public and make life difficult for private business.
Things done oddly in Penna. (Score:2)
You have to realize, laws as ineffective as these (mainly because they do not go after the source of the problem, namely, the illegal content sources, and those are already illegal under existing law) are the product of the same state whose PUC once suggested long-distance fees be charged to ISP customers for their visits to websites.
Yes, I know it does not make any sense.
Blocking clients (Score:2, Insightful)
Wrong approach (Score:2, Insightful)
ISPs should not have to do this. (Score:2, Informative)
If someone is hosting something that is illegal then go after the someone and not their ISP or even worse the ISP of someone else that just happens to be linking to the same internet. If you can't get to that someone then deal with it. The internet is much bigger than Pennsylvania and the narrow views of whatever government entity that gets to tell my ISP what I can see.
I for one will always be in favor of deciding what filtering needs to be done on my connection to the internet and think that the voters in Pennsylvania should let there representativers know that this heavy handed attempt is nothing short of an attempt to control something that can not be controlled in this manner.
Why can't the AG stop child porn? (Score:2)
Re:Why can't the AG stop child porn? (Score:2)
ISPs, however, that operate here likely are US-based, and would generally have offices and employees and all sorts of things that make it easier to go after them if they do not comply.
Proxies are a problem; an anonymous redirector in an international site, hosted by a country that has different views on government versus network traffic (or simply likes irritating the United States, say) would probably also be beyond the effective reach of the state AG.
Wait wait wait!!! (Score:2)
This Law Is Not Unreasonable (Score:2)
Nor does it demand the ISP police its users.
Nor does it hold the ISP responsible for the actions of those who circumvent the measures.
In short, it is reasonable.
full employment for PA lawyers... (Score:2)
1) Parent, nosy churchlady, or someone who couldn't pass the tests to become a postal inspector finds something on the web they don't like. They write a letter to the AG.
2) Nearly all the real kiddie porn will be gone within hours. So how is the AG going to collect evidence to go before the court and ask for an order to close it down?
3) Probably the AG has political ambitions, so he'll still try to find _something_ to block. Maybe purveyors of "barely legal" pictures. Maybe a URL that repeatedly gets complaints, even though there's nothing there when they look. Maybe Planned Parenthood sites; because these stay put, they'll probably log more complaints from the religious kooks than any actual porn site....
4) Compliant judge will sign the orders without actually looking at the "evidence".
5) Hundreds of lawsuits will be filed for violations of civil rights.
Folks, the 1st Amendment does not prohibit censorship by private parties of items passing through their servers. It does prohibit government censorship (with exceptions that I seem to be unable to find in the actual text)... By designating the sites to be blocked, the State of PA is putting itself right in the targets of every hungry lawyer that can find an innocent, or sleazy but legal, client on the block list.
Censoring net: was John Gilmore right or wrong? (Score:2)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
What about newsgroups (Score:3, Interesting)
Websites have to be hosted someplace. Content can be identified and prosecuted.
I'm still not sure why some newsgroups are carried by ISP's. What possible legal use could there be for alt.binaries.sex.children or similarly named groups?
This is not a flame or a troll but I think there's general concensus that certain material should be prosecuted and every effort made to eliminate its presence from the net. I'm not referring to all porn but pornography involving the exploitation of children.
Banning these websites may be a particularly ineffective way to achieve that goal but at a minimum something should be done about the newsgroups.
Only works for show... (Score:3, Interesting)
what is child porn? (Score:2)
as for the comment about "someone has to look at all the porn to find it", well, maybe they can just hire the convicted felons to scan the archives and whatever turns them on is removed. partially sarcasm, partially serious.
at least.. (Score:2)
PN isp's can just change their dns to point those websites at 127.0.0.1 or something.
Some thoughts (Score:2, Insightful)
2) Left up to the discretion of an AG, judge, angry mom, sites like pampers.com, johnsons & johnsons, and all other manner of sites that have infants in 'explict' nude or semi nude pictures would be blocked.
3) As others have stated, this opens the door to more restriction. The next to come will be other 'offensive' sites, such as:
- Information on strange fetishes
- Information on hate groups (race/orientation/etc)
These sites could be considered indefensible. Once we have those out of the way, then we go after:
- Information on abortion
- Information on contraception
- hardcore pornography
- Gay/Lesbian information
Then, of course, it's not a big stretch to include other things like political information, like anarchy, communism, etc.
This isn't something that happens overnight, and it isn't something that most people will realize is happening. It took a long time to get the rights we have here in the US, and it's taken a long time to pull back some of those rights.
It's unfortunate, but the legislators, law enforcement and judges don't have the foresight to see how a seemingly legitimate act can contribute to the downfall of a society over an extended period of time.
How to kill all internet access in Pennsylvania (Score:2)
Step 2 - View banned site through proxy. Demand that ISP be fined.
Step 3 - Repeat steps 1 & 2 until ISP is out of business (might take longer with Comcast, just keep trying).
Step 4 - Get new ISP and goto step 1.
When there is no internet in Pennsylvania, perhaps the voters wiill vote in somebody with common sense.
Re: (Score:2)
Maybe Constitutional, Maybe Not (Score:3, Interesting)
If you can treat the virtual like the real, then it becomes much easier for the AG of Pennsylvania to do something. He doesn't have to care about the difference. Otherwise, sorting out whether it is virtual or real could pose difficulties.
Interesting that CANDYMAN happened while the Supreme Court was noodling over the issue. I wonder if they know.
Coming to a theatre near you. (Score:2)
I want to sell firewalls in PA! (Score:2)
I also have to make sure to get the best value for my salesforce dollar, so I will donate to a non-profit group of little old ladies who's only thought is to protect the children of PA from the evils of these horrible smutmongers. In gratitude I am sure they will return a list of non-complying ISP's to me...:)
I wonder who in PA is already set up like this? I also wonder if they had anything to do with the passage of this law?
Isn't child porn illegal? (Score:2, Insightful)
Yeah, PA is going down the toilet. (Score:3, Informative)
This latest one will be another with enormous potential for abuse. It'll censor unfairly many sites that don't have child pornography on them. It would also be possible for someone saying something that isn't liked to be put on it 'accidentally.'
But, I'm probably just paranoid, there's no reason not to trust the gov't. They are here to protect us.
(I live in PA, btw)
what else wil they block then? (Score:4, Interesting)
This is slowly becoming the end of the information highway. It is turning into the censorship highway. Of course someone will moderate this down as being overrated, and maybe it is a little bit, but I have been on the internet since 94 and it is not as free as it used to be. We now have more ads then ever before. There are now more spammers then there were and more people online. There are more sites and people using 'family safe software' that blocks 'bad content'. But who is defineing this bad content?
Well believe it or not much of this is being driven by religious conservatism and right or wrong how long will it be before a site that you visit that is NOT pornographic or bad is blacklisted because it is considered 'subversive' or a terrorist threat? in France they are demanding the blockage of the sale of all Nazi memorabilia (sp), asia they block some western ideas. Soon it will be up to those in power to determine what content they want you to read.
Fantasy, well most people are young here and will live to see if this is going to be more real than fantasy.
Re:what else wil they block then? (Score:3, Insightful)
Isn't it interesting how so many people feel the need to state the obvious before criticizing the government on this issue?
Don't apologize for your opinion, especially when you go on to make some good points that have nothing to do with kiddie porn, and everything to do with government-sponsored censorship. THAT is the issue here, not whether some loser thinks you get off on kid sex because you failed to provide a disclaimer. You play into their hands when you apologize for a well-reasoned opinion.
This is BS (Score:4, Interesting)
(2) In regards to "simulated child pornography", if its simulated, who does it harm? In such a case -- i.e., an 18+ woman who looks younger, or a computer-generated image -- no one's privacy is voilated, nor was anyone's rights violated in producing the image. Banning that is just christian bullshit where they want to control your mind. It's a victimless crime in that case.
(3) In regards to real pornography, which was actually derived from children, there are three classes: (a) Forced; (b) Exploitative; (c) Self-done. Here's my take on each of them:
a. Forced. If a child is forced (raped) into sexual poses/positions/whatever, and the image of that taken is distributed on the web, there's no reason the government shouldn't be able to take down that image from the website, in protection of the child. Every minute the image is up there is a VIOLATION of the child's rights to privacy, self-dignity, and her body.
b. Exploitative. When the child is not "forced" per se, but nevertheless is taken advantage of by an adult. The act itself should be illegal in most cases; I don't think we should be ardent about "exact" age limits. The legal age for consentual sex with older people is 18 most places; if a guy has sex with a girl a month away from being 18, so what? Of course, we need to have precise laws, so people know exactly what they can and cannot do. I suggest keeping the legal age at 18, but varying the punishment for statutory rape depending on the age-difference of the "victim" and of the adult. There's a big difference when a 60-year old man sleeps with a 16-year old girl, as opposed to a 19-year old man doing the same.
c. Self-done. When an underage person engages in sexual poses/sex, and photographs themselves; then they either post it online immediately, or wait until they're older (18) and publish it then. There's nothing wrong with this, though current laws prohibit it. If someone took pictures of themselves having sex at 16 and wants to post it on the web later on, that's their right: it is their body.
Even in case (a), where I feel the government does have the obligation to -- in protection of minor's rights -- stop the distribution of child-pornography, that doesn't justify any means. The government is free to do so via any means that are non-draconian. They are not permitted to, for example, take down an entire P2P network to stop some porn, nor to spy on what all of us put on the web.
I really think that child-molestation laws are unneeded. They are redundant with rape laws. The standard in rape law is, "could/did the person give informed consent". Obviously, a 6-year old child can't give informed consent, as that person doesn't even know what sex is. Obviously, a woman who says "no" can't give informed consent. Obviously, a woman passed out drunk can't give any kind of consent.
But there are some sticky situations where its a little vague. What about when the person is 16-18? When can they give informed consent? Obviously, some people make better sexual decisions at 16 than others do at 30. Well, maybe you can have a "sex license" sort of like a drivers license, which verifies that you know about basic sexual issues. Sounds kinda stupid, huh, a "license to have sex"? But its alot better than setting unmeaningful absolute standards which don't apply uniformly.
What about a case where a woman is drunk and is the sexual aggressor? Should the man be charged with rape if he has sex with her? I don't think so. Another consideration is, "who was the initiator"? Was it the man, the woman, or both? I think that if there is an "initiator" and the other person accepts the advances, it should never be considered rape (unless the other person was purposefully stoned to make them "easy"), except in cases where the person doesn't have their "sex license".
But even that has problems. For example, do we really want to say that a person mentally retarded can't have sex, except with other mentally retarded people?
It is clear to me that this society has not thought enough about sex; all of our answers the a complicated issue are black/white, clearly goaded on by Christian humbug.
Re:This is BS (Score:3, Interesting)
(The more-depra^Hived geekset may want to think twice before rushing down there.. he also told of how floppies and CDs molded in mere days, and how hard disks rusted solid in a matter of months.)
This will never, never work. (Score:5, Insightful)
First, there's the problem of deciding what to block: Let's take the obvious example, of blocking a jpg. This means someone has to determine the age of the person in that jpg. I looked at about 1,000 jpgs last nite, and I pity the fool who has to monitor my drunken pr0n surf.
Perhaps it would be possible to use some VERY sophisticated pattern recognition algorithm, but, like spam filtering, you're never gonna block 100% of the bad stuff while letting 100% of the good stuff through. Nevermind the incredible resource hit of scanning each downloaded jpg, or the fact that your CRC-matching database of known jpgs ain't worth shit once I take the 640x480 jpg and save it as 644x483.
But that's not even the real problem. No, the real problem is THE DEFINITION OF PORNOGRAPHY. Basically it depends on things like "community standards" and such which don't really make sense on the Internet. With child pornography, the definition gets even more complicated; things that are otherwise acceptable become pornography when the subject is under 18, such as a picture which shows the outline of the vulva through clothing isn't porn if the girl is 23 but is porn if she's 9.
(In fact the entire laws about kiddie porn in this country are totally fucked. The gov't can offer to sell you kiddie porn, say from an ad in the back of a magazine, and then sell it to you, and then bust you for possession. This would normally be entrapment, but the Supreme Court decided that kiddie porn is such a scourge that normal constitutional protections are outweighed by the need to lock up pedophiles. Hmmm... "First they came for the pedophiles, and I didn't speak out because I wasn't a pedophile. Then they came for the Arabs..." But I digress.)
To make matters worse, pornography doesn't even have to be a picture or movie. Text can be pornography. For instance,
I knew it was wrong, but I couldn't stop myself from licking 15-year old Timmy's perineum as he lay unconscious.
That could be construed as kiddie porn, believe it or not. Of course in this context I won't be going to jail (I hope) since my INTENT isn't prurient (but who can really tell my intent?). But if I logged on to some kiddy chat room and made that comment, I would be in big trouble, esp. if the moderator knows what a perineum is.
So not only do you have to filter the content, which is a subjective process in the first place, you have to ascertain the context of that content. In other words you have to Meta-Moderate, and we all know how much fun that is!
No, this will never work, and the "blacklist" that gets passed from the Penn. A.G. to the ISP's will have all the same problems as the anti-spam blacklists: How do you get off it, do you notify someone that they're on it, or would that just tell them it's time to get a new IP address, etc.
Here are some links to interesting legal stuff:
Supreme court def. of pornography (pdf, sorry) [coollawyer.com]
has the famous "I know it when I see it" qoute from Justice Potter Stewart
Google HTML version [google.com]
[findlaw.com]
Guy in jail for selling videos of girls in their panties
[findlaw.com]
Guy acquitted after gov't got him to order kiddie porn thru mail and then busted him. He was acquitted because the gov't hadn't proved intent, not because it was entrapment
I am not a lawyer, but I play on on Slashdot.
URL blocking isn't something ISP routers can do (Score:3, Interesting)
There are technical means that ISPs could use to implement Pennsylvania's orders - they could install proxy servers on all of their connections leaving Pennsylvania, either forcing users to explicitly proxy their browsers, or using transparent proxy servers. Some ISPs do this, to take advantage of caching and reduce their overall bandwidth needs, but except for local ISPs that happen to be entirely within Pennsylvania, most of them didn't build their network to easily keep track of state lines so they can enforce the "Banned in Boston" rules in Boston, "Banned in Philadelphia" rules in Philly, and "Banned in Pittsburgh" rules in Pittsburgh.
Does anybody know if any national ISPs were consulted on the implementation issues? I suspect most of them are perfectly willing to comply with orders to take down web pages, but would have lots more trouble with the blocking requirements - it's much cleaner to implement on the edges of the network, in the user's browser where there's enough information to decide.
Re:great idea (Score:2)
Re:no kidding (Score:2)
Item two: Political dissent.
One of the two has been generally upheld as being within First Amendment protections, provided done peacefully without harrassing others or involving other side issues. The other has been illegal for a considerable amount of time due to various issues such as obscenity and minors' inability to grant consent.
That's not a slippery slope you're trying to draw, it's the Himalayas.
Re:Change of heart (Score:4, Insightful)
That's not really a good example, though, is it? Your sister's bathtub photo was probably taken by your parents, so either you're saying that Mom and Pop are child pornographers, or else you think that masturbation should be a crime.
Which is a good question, actually: although some child pornography is very harmful to the child, I imagine (not having investigated myself) that some of it is probably at that "kid in a tub" level. So is it really exploitative for Mom to have snapped that photo of me on a bearskin rug? Or does it become exploitative when it's on the Internet? Or am I only exploited when my photo arouses someone? What if nobody saw the photo until I was grown up - am I still exploited? What if Mom only gets out the photo at family gatherings and also to show my prospective girlfriends - is that when the exploitation occurs?
I'm not trying to minimize the harm that child pornography does to children, of course. I'm just pointing out that you could have found a better example to get all uppity about. And, also that the popular conception of "photos of children == evil" may not be so black and white as we would think. There's a lot of black, and there's some amount of grey.
Re:Misanthropic Bitch (Score:2)
[runs off in glee to see who she's pissed off in the meantime]
Re:.sex domain (Score:2)
The objection I have to Internet porn is that it's all too easy to accidentally encounter it. (Witness the proliferation of a certain image/site by Slashdot trolls, for example.) Sure, people who want to see porn should have the right to see it. However, you also need to look out for the rights of those who want to be protected from it. There's no reason that both sides can't coexist.
I'm afraid, though, that any solution would be difficult to implement. Sure, a lot of people would be happy to use the .sex domain. But there are also a lot of folks who take a perverse delight in inflicting porn upon those who are offended by it. That's what I see as the real problem, and I think we're a long way from being able to effectively contain that sort of thing.
Re: (Score:3, Interesting)
Re:First Amendment? (Score:2)
The First Amendment protects offensive speech. It protects indecent speech. It does not protect obscene speech.
The PA law doesn't say "must install proxies". The law doesn't say "must redirect HTTP traffic". The law doesn't say PA users must install censorware. It merely says that if you're an ISP, and the government notifies you that Bad Stuff is on your system, that you nuke aforementioned Bad Stuff.
The government kicking the ass of an ISP that (knowingly) hosts Bad Stuff is no more a first amendment problem than private citizens kicking the ass of an ISP that (knowingly) hosts spammers.
That is -- neither the spammer's nor the pedophile's "speech" is protected by the First Amendment. The EFF desperately needs to go out and buy a clue.
Re:Who the Hell do they think they are?? (Score:2)
Re:Good. (Score:2)
As soon as they start blocking one type of traffic, they're no doubt worried that pressure will be put on them to block other types of traffic. I'm not sure if they're considered common carriers (I somewhat doubt it), but they probably want that kind of indemnification against whatever passes through their servers. Kiddie porn is nasty stuff, but they'd see blocking it as making things much easier when someone else asks them to block certain other types of traffic.