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The Justice Department gave excerpts of the search engines' databases (and, in some cases, anonymized search terms) to its expert, a Berkeley statistics professor named Philip Stark. Only Google fought the subpoena in court, and it managed to persuade a California judge to limit what information prosecutors would receive. The almost-forgotten law made headlines last year after Justice Department attorneys preparing to defend COPA in Reed's Pennsylvania courtroom sent subpoenas to Google, Microsoft, Yahoo and AOL asking for millions of search records. The opinion includes a detailed review of the current state of filtering technology and concludes the programs are "fairly easy to install" and are "more effective than ever before." Reed's 84-page opinion (PDF) appears to be intended to provide ample grounds for the Supreme Court to strike down the law for good. Supreme Court once-which agreed with a temporary ban on enforcement-but the justices said they wanted more information about the current state of filtering technology and stopped short of a definitive ruling on its constitutionality.
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The law already has been reviewed by the U.S.
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The law makes it a crime for commercial Web sites to make "harmful to minors" material publicly available, with violators fined up to $50,000 and imprisoned for up to six months.Ī representative for the Justice Department said on Thursday: "We're still reviewing the court's opinion and we've made no determination what the government's next step will be." The Bush administration has the option of appealing its loss to the 3rd Circuit Court of Appeals.īecause of an odd legal twist, COPA has been bouncing around the legal system without a final resolution. District Judge Lowell Reed in Philadelphia permanently barred prosecutors from enforcing the Child Online Protection Act, or COPA, saying it was overly broad and would undoubtedly "chill a substantial amount of constitutionally protected speech for adults." The lawsuit was filed by the American Civil Liberties Union.Įven though politicians enacted COPA nearly a decade ago as part of an early wave of Internet censorship efforts, the courts have kept it on ice and it has never actually been enforced. Congress' efforts to muzzle pornography on the Web were dealt another serious setback on Thursday, when a federal judge ruled a 1998 law was unconstitutional and violated Americans' First Amendment rights.