Ding Dong, COPA Is Dead

from the dead,-dead,-dead dept

The federal government has been trying to pass a law to "protect the children" online for ages. First there was the CDA, the Communications Decency Act, which was struck down as unconstitutional. Then, there was COPA -- the Child Online Protection Act. It tried to be more narrow... but was still a very questionable law, with rather vague wording. It bounced around the courts for years, including hitting the Supreme Court twice -- which sent it back to lower courts both times. Last summer, the appeals court knocked it down again, and today the Supreme Court refused to hear the appeal... meaning that COPA is about as dead as can be. This is definitely a big win for free speech online.

But, of course, just as COPA followed the CDA, have no fear that politicians looking for headlines and photo ops about how they "protect the children" are working hard on new legislation -- such as DOPA -- the Deleting Online Predators Act -- and will continue to push the boundaries of what sort of speech is allowed online. All this really does is waste taxpayer money on unconstitutional attempts to restrict free speech. And, for what? Recent studies have shown time and time again that the threat to children online is relatively small compared to the hype -- and the best response is educating children, rather than restricting speech for all. Somehow, though, I doubt politicians will recognize that any time soon -- especially when lobbyists for companies that sell filtering tools keep beating down their doors with stories of the horrors of online content.

Filed Under: appeals court, cda, copa, dopa, first amendment, free speech, supreme court

As COPA Goes Down, DOPA Comes Back

from the ropa-dopa dept

But think of the children! It never seems to stop. Just as yet another court has ruled that the COPA law is unconstitutional, some folks in Congress are trying to bring back its sister legislation, DOPA. COPA (the Child Online Protection Act) required websites to block objectionable material. DOPA (the Deleting Online Predators Act) is much more narrowly focused, requiring schools and libraries to put in place filters that block access to social networks. Why? Well, politicians are under the false belief that this somehow stops predators.

There are just two big problems with this reasoning. First, studies have shown that the supposed "threat" of online predators has been blown way out of proportion. Most kids are not targeted by online predators on social networks, and the few who are tend to know enough to deal with them. But you won't hear the politicians pushing DOPA say that. Instead, they claim: "as more children flock to social networking sites like MySpace and Facebook, we've seen a corresponding increase of online sexual predators." According to whom? Over the past few months we've pointed to three separate reports showing that the reports of the threat have been greatly overstated.

But, more importantly, even if predators are a threat on social networks, isn't it a much better solution to let kids use them in schools and at libraries where there can be reasonable oversight, and where educators can teach the kids how to deal with online threats? Banning access from schools and libraries only guarantees that kids will find other ways to get to those social networks when no one's there to watch them. And, by making it seem like it's somehow underground, it will seem even "cooler" to make use of those sites. And, at the same time, teachers, parents and librarians won't feel compelled to teach kids how to use those sites safely, because the use will be totally hidden from view. How is that possibly a good result?

Filed Under: copa, dopa, filters, libraries, protect the children, schools, social networks

Congressman Freaks Out About Second Life; Demands Ban In Schools

from the fear!-save-the-children!-be-afraid! dept

Just a few months after worrying about terrorists hiding in Second Life, now at least one Congressional representative is worried about how Second Life is corrupting your children. He's trying to drum up support to ban Second Life from schools and libraries, hyping up the fact that "bad stuff" happens in Second Life and, gosh, we wouldn't want kids to learn how to deal with bad stuff in an environment where they're protected from any physical harm. It'll be much better when they learn to deal with it out on the streets.

This is actually an attempt by Rep. Mark Kirk to reintroduce DOPA, the Deleting Online Predators Act. It was last introduced almost exactly two years ago (note the timing: right before Congressional election season...). Because very few politicians want to give an opening to challengers to their seats to put out an ad saying they voted against "protecting the children" last time around the law was quickly approved by the House by a massive 410 to 15 vote, at which point it moved on to the Senate to die (not having all Senators up for re-election at the same time has its benefits). Of the 15 dissenters to the original bill, Rep. John Dingell was the one who said what needed to be said (and which so few other Reps were willing to say):

"So now we are on the floor with a piece of legislation poorly thought out, with an abundance of surprises, which carries with it that curious smell of partisanship and panic, but which is not going to address the problems. This is a piece of legislation which is going to be notorious for its ineffectiveness and, of course, for its political benefits to some of the members hereabout."

Yes, the law would effectively ban a ton of internet sites from schools and libraries, including ones like LinkedIn, Slashdot and Amazon.com, based on its overly broad language. On top of all that, study after study after study has shown that social networks and virtual worlds (despite the FUD) are not "breeding grounds" for predators. And, of course, parents are finally coming to terms with this and are no longer freaking out about kids using these sites. So, explain why we need such unnecessary and overly broad legislation again? Oh right, it's election season...

Filed Under: congress, dopa, mark kirk, protect the children, schools, second life, social networks