The World According to JP

Utah Internet Porn Bill

Utah's governor signed a bill on Monday that would require Internet providers to block Web sites deemed pornographic and could also target e-mail providers and search engines.

The controversial legislation will create an official list of Web sites with publicly available material deemed "harmful to minors." Internet providers in Utah must provide their customers with a way to disable access to sites on the list or face felony charges.

Technology companies had urged Republican Gov. Jon Huntsman not to sign the bill (click for PDF), saying it was constitutionally suspect and worded so vaguely its full impact is still unclear.

The measure, SB 260, says: "Upon request by a consumer, a service provider may not transmit material from a content provider site listed on the adult content registry." A service provider is defined as any person or company who "provides an Internet access service to a consumer," which could include everything from cable companies to universities, coffee shops, and homes with open 802.11 wireless connections.

"I am having a hard time seeing how this law will survive a constitutional challenge, given the track record of state anti-Internet porn laws--which are routinely struck down as violating the First Amendment and the dormant Commerce Clause," Eric Goldman, a professor at the Marquette University Law School in Milwaukee, Wis., wrote in a critique of the law.

Spokesman Tammy Kikuchi said Monday that Huntsman "doesn't have a concern about the constitutional challenge."

Supporters of the Utah bill, such as advocacy group Citizens Against Pornography, had pressed for the measure as a way to give parents more control of their home Internet connections.

Also targeted are content providers, defined as any company that "creates, collects, acquires or organizes electronic data" for profit. Any content provider that the Utah attorney general claims hosts material that's harmful to minors must rate it or face third-degree felony charges.

Lobbying group NetCoalition, whose members include Google, Yahoo and News.com publisher CNET Networks, had written a letter to the Utah Senate saying the legislation could affect search engines, e-mail providers and Web hosting companies. "A search engine that links to a Web site in Utah might be required...to 'properly rate' the Web site," the letter warned.

A federal judge struck down a similar law in Pennsylvania last year.
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I agree parents need ways to keep their kids from Internet porn, but there's this thing called firewalls and parental filters already on the market that does this very thing. Hell, since they're wanting to do some parenting for us parents, how bout they come over to my house and ya know, help them with their homework or something. That would free up some time for me to go have a few drinks & wings at Hooters!! So could a customer sue their ISP for something their kid accessed that was non-porn like FHM or Maxim? This law is a lawsuit waiting to happen.
Next they'll try and find a way to get in boys' brains and block any indecent thoughts, normally raging in teenage boys. Good luck with that one.

Although, on public computers (such as library computers), I'd like to see that a policy like that applied to the public entity. It's very disconcerting to be at the local library with my kids and see some guy a few computers down streaming graphic porn. Because I then start to wonder how long it's been since he last had a girl (if at all) because, let's face it, these guys aren't Brad Pitt types - if they were, they'd be starring in the porn, not cutting & pasting. Hopefully he at least waits to go home to finish the job rather than soil the bathroom for everyone else.

Some interesting things in the bill.

It provides $100,000 for PSAs for people in Utah telling them the dangers of porn (after all sex is evil and bad, now let's go shoot something instead!), how to find out if your family members are accessing the sites and what to do about it. $50,000 to research the adult sites (can I sign up to do the research? I'm sure my brother would be willing to research the gay sites for them.). $100,000 to create and maintain the adult site list (hell, I'd be willing to do this too).

The attorney general will send the content provider warning them that their site is going to be put on the list unless the content is blocked for minors. That's going to be one busy attorney general! What else is he going to be able to work on? Hell, what else would he WANT to work on?
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