Volume V

Issue : 7: April 5, 2007

• Class Action Suit Against Yahoo over Click Fraud is Approved
• British Libel Case over Internet Postings Settles
• Service Provider Qualifies for Liability Protection from its Subscribers Copyright Infringement
• Advertiser May be Held Vicariously Liable Under U.S. Can Spam Act
• Copyright Law Used to Fight Parallel Importing
• District Court Strikes Down COPA (Again) as Unconstitutional
• Oracle and SAP in Major Corporate Espionage Lawsuit
• Louisiana Settles Online Gambling Charges Against Executive of British Gaming Company

Home > Volume V > Issue 7: April 5, 2007 > District Court Strikes Down COPA (Again) as Unconstitutional

District Court Strikes Down COPA (Again) as Unconstitutional

On March 29, U.S. District Judge Lowell Reed ruled that the Child Online Protection Act (“COPA“) is unconstitutional and permanently barred prosecutors from enforcing COPA, saying it was overly broad and would undoubtedly "chill a substantial amount of constitutionally protected speech for adults".

The law was enacted in 1998 and has been subject to ongoing review by the courts since that date, having never been enforced. The U.S. Supreme Court previously implemented a temporary ban on enforcement, subject to further review of the current state of filtering technology. In support of the decision, the Supreme Court included a favourable review of existing filtering technology.

At issue for opponents of COPA is the use of the term “harmful to minors” which is considered to be unduly broad and could be readily extended beyond commercial pornography. A precursor to COPA, the Communications Decency Act, was ruled unconstitutional in 1997 and was directed to “indecent” or “patently offensive” material.

The Justice Department has the option of appealing the decision to the Third Circuit Court of Appeals, but a representative has said a decision has not yet been made.

For a copy of the decision, visit:

http://www.paed.uscourts.gov/documents/opinions/07D0346P.pdf