CDT | Child Online Protection Act (COPA)

The Child Online Protection Act makes it a crime for anyone, by means of the World Wide Web, to make any communication for commercial purposes that is "harmful to minors" unless the person has restricted access by minors by requiring a credit card number. COPA imposes criminal and civil penalties of up to $50,000 per day for violations.

While more narrowly drafted than its predecessor, the Communications Decency Act (CDA), the COPA contains many of the same elements that ultimately led to the Supreme Court's ruling in 1997 that the CDA was unconstitutional. COPA places unconstitutional burdens on a wide category of protected speech, while failing to achieve its goal of protecting children.

COPA raises major constitutional problems in the following ways:

It imposes serious burdens on constitutionally-protected speech, including materials such as movies and television programs when disseminated through popular commercial Web sites such as PlanetOut also risk restriction under COPA.
It fails to effectively serve the government's interest in protecting children, as it will not effectively prevent children from seeing inappropriate material originating from outside of the US available through other Internet resources besides the World Wide Web, such as chat rooms or email.
It does not represent the least restrictive means of regulating speech, according to the Supreme Court's own findings that blocking and filtering software might give parents the ability to more effectively screen out undesirable content without burdening speech. Congress has produced no detailed record refuting this finding or supporting the notion that COPA provides the least restrictive means.

[Legislative History] [The Court Challenge] [COPA Commission]

Headlines

CDT Applauds Appeals Court Ruling In COPA Case - The 3rd U.S. Circuit Court of Appeals today upheld a lower court ruling striking down the controversial Child Online Protection Act (COPA) that required Web operators to restrict access to large amounts of constitutionally protected speech. COPA placed severe restrictions on a wide range of legal, socially valuable speech, including content relating to sexual identity, health and art. CDT, which has filed friend-of-the-court briefs opposing COPA and supporting parental empowerment technology, applauds the ruling. July 22, 2008

CDT Statement on Ruling July 22, 2008
3rd U.S. Circuit Court of Appeals Decision in COPA [PDF] July 22, 2008
CDT Policy Post on COPA March 23, 2007
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CDT Hails Landmark Internet Free Expression Ruling - A federal court in Pennsylvania today struck down a controversial law that would have required Web site operators to restrict access to large amounts of constitutionally protected content. Ostensibly aimed at protecting kids from "harmful" material, the law would have led to severe restrictions on a wide range of legal, socially valuable speech, including content relating to sexual identity, health and art. Judge Lowell A. Reed found that parental empowerment tools like Internet filters represent a far more efficient, less restrictive way of protecting kids from unwanted content. CDT, which has filed friend-of-the-court briefs opposing COPA and supporting parental empowerment technology, applauds the ruling. March 22, 2007

CDT Policy Post: COPA Ruling March 23, 2007
COPA Ruling [PDF] March 22, 2007
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FTC Launches New Online Safety Website - The Internet Education Foundation (IEF) has teamed with the Federal Trade Commission to provide safety information for the Commission's new public service Web site OnGuardOnline.gov. Founded by CDT President Jerry Berman, IEF created and operates the groundbreaking Internet safety site GetNetWise.org. OnGuardOnline.org will draw on GetNetWise.org's extensive database of tools, tips and guidelines recommended to help consumers fight spyware, guard their personal information, enhance their computer security, prevent unwanted e-mail, and protect their children online. September 27, 2005

GetNetWise September 27, 2005 [off-site]
OnGuardOnline September 27, 2005 [off-site]
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Earlier Headlines

Supreme Court Ruling on COPA June 29, 2004

CDT, Internet Industry Groups File Friend-of-the-Court Brief Opposing Net Censorship January 15, 2004

Supreme Court Agrees to Second Review of Internet Censorship Law October 14, 2003

Government Asks Supreme Court to Hear Case on Censorship Law Again August 15, 2003

GetNetWise 2.0 Launched with Spam, Privacy and Security Resources July 24, 2003

Previous Headlines