- The Child Online Protection Act
-
- In the closing days of the 1998 Congressional session, the
Child Online Protection Act was approved as part of a large spending
bill. The Act establishes a national "harmful to minors"
standard for online communications. This is Congress’ attempt
to pass a bill following the Supreme Court’s action last
year striking down the Communications Decency Act. Despite the
efforts of a huge array of First Amendment advocates, copyright
owners and online companies, this measure was included in the
spending bill.
-
- Specifically, the legislation requires commercial
entities that knowingly make available communications
that are "harmful to minors" to place such information
behind an age verification shield for children 17 years of age
or under. Failure to comply can bring both criminal and civil
penalties. A suit was brought against the bill by various parties,
and the court has issued a temporary stay on implementing the
legislation. Further court battles are expected. Also included
in the final spending bill are provisions added by Senator Dan
Coats (R-IN) that were originally attached to the Internet Tax
Freedom Act. These provisions would lift the tax moratorium on
entities found guilty under H.R. 3783.
|
