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Tom Head

Tom's Civil Liberties Blog

By Tom Head, About.com Guide to Civil Liberties

The Following Blog Entry is Rated G

Tuesday October 24, 2006
Category: Free Speech

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Image courtesy of the U.S. Department of Health and Human Services.

Imagine you're a blogger. (Many of you already are.) One day you get frustrated and use some rough language. The next day, the FBI knocks on your door--and you face a potential six-month prison sentence and up to $50,000 in fines.

Welcome to the wonderful world of Internet censorship, where the overbearing FCC broadcast regulation applied to broadcast television during daylight hours is extended to everything you post in online media. Is it coming? Probably not...but the last two presidential administrations have worked hard, over a ten-year period, to try to make it a reality.

The current bugaboo is the Child Online Protection Act (COPA) of 1998, not to be confused with the Children's Online Privacy Protection Act (COPPA) of 1998, or with the Children's Internet Protection Act (CIPA) of 2000. (And they say Congress didn't try to do anything about Mark Foley!)

COPA would make any content deemed "harmful to minors" even more harmful to those who post it. Although the law has never been enforced--the injunction was almost immediate--it has been bouncing around in the federal court system for eight years over technical issues. Now the legislation will finally get its day in court. Here's hoping things turn out as well as they did in 1997, when the U.S. Supreme Court ruled 9-0 against the anti-indecency provisions of the infamous Communications Decency Act.

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