03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
13 Ibid. (finding 85).
14 Id., at 848 (finding 117).
15 Id., at 844-845 (finding 88).
16 Ibid.
17 Id., at 845 (finding 89).
18 Id., at 842 (finding 72).
19 Ibid. (finding 73).
20 Id., at 845 (finding 90): "An e mail address provides no authoritative
information about the addressee, who may use an e mail `alias' or an
anonymous remailer. There is also no universal or reliable listing of e mail
addresses and corresponding names or telephone numbers, and any such listing
would be or rapidly become incomplete. For these reasons, there is no reliable
way in many instances for a sender to know if the e mail recipient is an adult or
a minor. The difficulty of e mail age verification is compounded for mail exploders
such as listservs, which automatically send information to all e mail addresses on
a sender's list. Government expert Dr. Olsen agreed that no current technology
could give a speaker assurance that only adults were listed in a particular mail
exploder's mailing list."
21 Ibid. (finding 93).
22 Id., at 846 (finding 102).
23 Id., at 847 (findings 104-106):
"At least some, if not almost all, non commercial organizations, such as the
ACLU, Stop Prisoner Rape or Critical Path AIDS Project, regard charging listeners
to access their speech as contrary to their goals of making their materials
available to a wide audience free of charge.
.....
"There is evidence suggesting that adult users, particularly casual Web browsers,
would be discouraged from retrieving information that required use of a credit
card or password. Andrew Anker testified that Hot Wired has received many
complaints from its members about HotWired's registration system, which
requires only that a member supply a name, e mail address and self created
password. There is concern by commercial content providers that age verification
requirements would decrease advertising and revenue because advertisers
depend on a demonstration that the sites are widely available and frequently
visited."
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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