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COPA Struck Down By Federal Judge
A federal judge sitting in Philadelphia has struck down the 1998 Child Online Protection Act ('COPA') on March 22. The Act was challenged as unconstitutionally vague by health Web sites and the American Civil Liberties Union ('ACLU').
Senior U.S. District Judge Lowell Reed Jr. ruled that there are less restrictive alternatives available, such as software filters, to protect children from pornography. He wrote: 'Perhaps we do the minors of this country harm if (free speech) protections, which they will with age inherit fully, are chipped away in the name of their protection,' wrote. Government attorneys argued that filters were burdensome and ineffective.
Web site operators would have violated COPA if they allowed children to access material deemed 'harmful to minors' by 'contemporary community standards.' The sites would have been expected to require a credit card number or other proof of age. Penalties included a $50,000 fine and up to six months in prison. The Act was never really enforced, and the U.S. Supreme Court upheld a temporary injunction against its enforcement in 2004.
For more, see the story in our Philadelphia daily newspaper ALM affiliate The Legal Intelligencer.
A federal judge sitting in Philadelphia has struck down the 1998 Child Online Protection Act ('COPA') on March 22. The Act was challenged as unconstitutionally vague by health Web sites and the American Civil Liberties Union ('ACLU').
Senior U.S. District Judge Lowell Reed Jr. ruled that there are less restrictive alternatives available, such as software filters, to protect children from pornography. He wrote: 'Perhaps we do the minors of this country harm if (free speech) protections, which they will with age inherit fully, are chipped away in the name of their protection,' wrote. Government attorneys argued that filters were burdensome and ineffective.
Web site operators would have violated COPA if they allowed children to access material deemed 'harmful to minors' by 'contemporary community standards.' The sites would have been expected to require a credit card number or other proof of age. Penalties included a $50,000 fine and up to six months in prison. The Act was never really enforced, and the U.S. Supreme Court upheld a temporary injunction against its enforcement in 2004.
For more, see the story in our Philadelphia daily newspaper ALM affiliate The Legal Intelligencer.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
How Secure Is the AI System Your Law Firm Is Using?
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Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.