Source:
CBS(CBS) Last week, California governor Arnold Schwarzenegger and Attorney General Jerry Brown jointly called on California Internet service providers to "follow the lead of Verizon, Time Warner Cable and Sprint by "removing child pornography from existing servers and blocking channels that disseminate the illegal material."
The two California leaders were following in the footsteps of New York Attorney General Andrew Cuomo who a few days earlier announced an agreement with those three companies to remove child pornography housed on servers connected to their networks. Some civil liberties groups, including the Electronic Frontier Foundation and the Center for Democracy and Technology, have expressed free-speech concerns about this agreement. I learned of the agreement shortly after landing in Washington, D.C., on my way to a board meeting of the National Center for Missing & Exploited Children. The NCMEC will play a role by providing the ISPs with a list of Web addresses for sites with sexually explicit images of prepubescent children.
As an (unpaid) member of NCMEC's board of directors, I can't claim objectivity on this story - I strongly support its efforts to rid the world of child pornography. But despite the claims of supporters and critics of the agreement, I don't think it will have much positive impact toward eliminating child porn nor negative impact when it comes to free speech.
Child pornography is not protected under any free-speech guarantees. It has been illegal in the United States for more than a quarter of a century.
In some countries, they don't even call it "child porn"; they call it "child sexual abuse images." In addition to being illegal, it's hideous because real kids are victimized, first by being used to produce the material and again each time an image is circulated and viewed - and that often goes on for decades. Also, sexually explicit images of children are sometimes used by those to prey on children and break down their resistance to sexual contact. But just because child porn is illegal and immoral doesn't mean that it's OK to violate the First Amendment while trying to stamp it out. Some have expressed concern that the agreement Cuomo announced could be a form of "prior restraint" by blocking access to material without a judicial review. But no one is blocking anything. Instead, the ISPs involved are simply enforcing their own longstanding terms of service by agreeing not to host sites and newsgroups known to contain child porn.
Read more:
http://www.cbsnews.com/stories/2008/06/23/scitech/pcanswer/main4204461.shtml
AT&T doesn't seem interested in adopting this draconian solution, however, and says that it is already actively blocking child pornography on usenet in conformance with its legal obligations. "AT&T has long-standing and established procedures for the removal of illegal child pornography from our servers, including servers that host newsgroups," an AT&T spokesperson told CNET. "Consistent with these procedures and federal and state statutes, when we receive a report of any illegal content being hosted on our servers and we have a good faith basis for concluding that the content is illegal, we will remove it."
http://arstechnica.com/news.ars/post/20080624-california-wants-more-isps-to-limit-usenet-access.htmlVerizon and others are censoring more than child porn.