03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
problems confronting age verification for recipients of Internet communications.
Because those findings provide the underpinnings for the legal issues, we begin
with a summary of the undisputed facts.
The Internet
The Internet is an international network of interconnected computers. It is the
[n.3]
outgrowth of what began in 1969 as a military program called "ARPANET,"
which was designed to enable computers operated by the military, defense
contractors, and universities conducting defense related research to
communicate with one another by redundant channels even if some portions of
the network were damaged in a war. While the ARPANET no longer exists, it
provided an example for the development of a number of civilian networks that,
eventually linking with each other, now enable tens of millions of people to
communicate with one another and to access vast amounts of information from
around the world. The Internet is "a unique and wholly new medium of worldwide
[n.4]
human communication."
[n.5]
The Internet has experienced "extraordinary growth."
The number of "host"
computers--those that store information and relay communications--increased
from about 300 in 1981 to approximately 9,400,000 by the time of the trial in
1996. Roughly 60% of these hosts are located in the United States. About 40
million people used the Internet at the time of trial, a number that is expected to
mushroom to 200 million by 1999.
Individuals can obtain access to the Internet from many different sources,
generally hosts themselves or entities with a host affiliation. Most colleges and
universities provide access for their students and faculty; many corporations
provide their employees with access through an office network; many
communities and local libraries provide free access; and an increasing number of
storefront "computer coffee shops" provide access for a small hourly fee. Several
major national "online services" such as America Online, CompuServe, the
Microsoft Network, and Prodigy offer access to their own extensive proprietary
networks as well as a link to the much larger resources of the Internet. These
commercial online services had almost 12 million individual subscribers at the
time of trial.
Anyone with access to the Internet may take advantage of a wide variety of
communication and information retrieval methods. These methods are constantly
evolving and difficult to categorize precisely. But, as presently constituted, those
most relevant to this case are electronic mail ("e mail"), automatic mailing list
services ("mail exploders," sometimes referred to as "listservs"), "newsgroups,"
"chat rooms," and the "World Wide Web." All of these methods can be used to
transmit text; most can transmit sound, pictures, and moving video images.
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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