03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
requires a series of affirmative steps more deliberate and directed than merely
turning a dial. A child requires some sophistication and some ability to read to
retrieve material and thereby to use the Internet unattended."
[n.17]
Systems have been developed to help parents control the material that may be
available on a home computer with Internet access. A system may either limit a
computer's access to an approved list of sources that have been identified as
containing no adult material, it may block designated inappropriate sites, or it
may attempt to block messages containing identifiable objectionable features.
"Although parental control software currently can screen for certain suggestive
words or for known sexually explicit sites, it cannot now screen for sexually
[n.18]
explicit images."
Nevertheless, the evidence indicates that "a reasonably
effective method by which parents can prevent their children from accessing
sexually explicit and other material which parents may believe is inappropriate
[n.19]
for their children will soon be available."
Age Verification
The problem of age verification differs for different uses of the Internet. The
District Court categorically determined that there "is no effective way to
determine the identity or the age of a user who is accessing material through e
[n.20]
mail, mail exploders, newsgroups or chat rooms."
The Government offered
no evidence that there was a reliable way to screen recipients and participants in
such fora for age. Moreover, even if it were technologically feasible to block
minors' access to newsgroups and chat rooms containing discussions of art,
politics or other subjects that potentially elicit "indecent" or "patently offensive"
contributions, it would not be possible to block their access to that material and
"still allow them access to the remaining content, even if the overwhelming
majority of that content was not indecent."
[n.21]
Technology exists by which an operator of a Web site may condition access on
the verification of requested information such as a credit card number or an adult
password. Credit card verification is only feasible, however, either in connection
with a commercial transaction in which the card is used, or by payment to a
verification agency. Using credit card possession as a surrogate for proof of age
would impose costs on non commercial Web sites that would require many of
them to shut down. For that reason, at the time of the trial, credit card
verification was "effectively unavailable to a substantial number of Internet
content providers." Id., at 846 (finding 102). Moreover, the imposition of such a
requirement "would completely bar adults who do not have a credit card and lack
[n.22]
the resources to obtain one from accessing any blocked material."
Commercial pornographic sites that charge their users for access have assigned
them passwords as a method of age verification. The record does not contain any
evidence concerning the reliability of these technologies. Even if passwords are
effective for commercial purveyors of indecent material, the District Court found
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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