California pols ask ISPs to block child porn
Update: This story was updated at 2:55 p.m. PDT to add comments from AT&T.
California's governor and attorney general are asking Internet service providers to help stop the dissemination of child pornography.
Gov. Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. issued a press release Friday asking Internet service providers in California to follow the lead of Verizon Communications, Time Warner Cable, and Sprint in "removing child pornography from existing servers and blocking channels" that disseminate the illegal material.
"Protecting the safety of our children must be a top priority, not just for government, but also for businesses with the direct power to reduce the ability to conduct illegal activity," they said in a joint letter to the California Internet Service Provider Association.
Earlier this month, Verizon, Time Warner, and Sprint announced an agreement with New York Attorney General Andrew Cuomo to purge their servers of existing child pornography and eliminate access to user groups that distribute child pornography.
Schwarzenegger and Brown said in their letter that it's important that ISPs in California take action that is similar to the steps Verizon, Time Warner, and Sprint have agreed to in New York. The Internet Service Provider Association is the largest association of Internet service providers in the country, representing more than 100 ISPs. These providers include small ISPs, as well as big ones such as AT&T and AOL.
"It is not enough for only a few Internet service providers to join the fight against online predators," the letter said. "Child pornography is not protected by the First Amendment, and distributing this material is illegal."
While no one disagrees that distributing child pornography is illegal, some civil liberty experts worry that the way in which ISPs will block access to it could limit free speech for people discussing and distributing perfectly legal content.
Verizon, Time Warner Cable, and Sprint have said they have no plans to actually block access to any Web sites. Instead, they plan to purge or erase any child pornography that has been cached in their servers. They also plan to limit or block access to some of their own Usenet or news groups, which can be used to disseminate this material.
For example, Time Warner Cable said it will cease to offer customers access to any Usenet newsgroups, a decision that will affect customers nationwide. Sprint said it would no longer offer any of the tens of thousands of alt.* Usenet newsgroups. Verizon's plan is to eliminate some "fairly broad newsgroup areas."
My colleague Declan McCullagh points out in a story he wrote following the New York announcement that this tactic will most likely silence thousands of legitimate user groups that use the alt.* hierarchy for Usenet discussions.
It's not surprising that the American Civil Liberties Union is opposed to this action. Barry Steinhardt, director of the ACLU's technology and liberty program, told CNET News.com in McCullagh's earlier article that service providers shouldn't be blocking wholesale sections of the Internet, including Usenet groups, because it could eliminate legitimate discussions. "That's taking a sledgehammer to an ant," he was quoted as saying.
Indeed, this could turn out to be a big issue as California's politicians try to push for similar action among other Internet service providers. Some large providers such as AOL stopped carrying Usenet, but AT&T still does.
AT&T said that it is already working to fight online child pornography. "AT&T has long-standing and established procedures for the removal of illegal child pornography from our servers, including servers that host newsgroups," said Marty Richter, a representative for AT&T. "Consistent with these procedures and federal and state statutes, when we receive a report of any illegal content being hosted on our servers and we have a good faith basis for concluding that the content is illegal, we will remove it."
Marguerite Reardon has been a CNET News reporter since 2004, covering cell phone services, broadband, citywide Wi-Fi, the Net neutrality debate, as well as the ongoing consolidation of the phone companies. E-mail Maggie. 





- by humanssssss June 22, 2008 5:37 PM PDT
- Politicians are stupid. Why don't they block child porn on their system requesting the help of ISP to write a software program for them?!?! Instead ask ISP to block child porn for all people. What are they going to do next? Ask ISP to block biochemical process, nuclear research paper, patent to build ballistic missle, rocket to fly out into space?!?!<br /><br />Knowledge cannot be stopped by any government or authority. It is knowledge that helps me advance themselves to becoming human (self-actualizing individual). Politicians should go and learn about Abraham Maslow hierarchy of needs. Sad we have an idiot politician who get elected because he is famous not because he is educated.
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- by ChrisWWalsh June 23, 2008 9:11 AM PDT
- Where illicit material can be identified and isolated easily, reasonable law enforcement efforts should be taken to eliminate it. California is just recognizing that Usenet groups provide specific channels for certain types of illicit information, and is asking ISPs to stop disseminating those groups. That's not censorship! California isn't asking anyone to do anything, other than stop supporting patently illegal activity.<br /><br />When ISPs go beyond the California request, and stop carrying large portions of Usenet (particularly the alt.* hierarchy), it's economics, not censorship. Usenet frankly doesn't pay the bills for the costs it entails for the average ISP. The investment in bandwidth, storage, personnel and processing power, or even the costs to outsource Usenet to a third party provider, is generally NOT returned in new customers. Instead, ISPs get asked to spend even more money regulating the content of 'outlaw' groups. So where's the incentive for ISPs to continue to subsidize USEnet as a free service?<br /><br />Free speech is free from political restriction, not economic. ISPs are not required to lose money providing USEnet as part of their basic services. There are third party providers out there who will sell individuals access to completely uncensored USEnet feeds. If your right to free speech on USEnet is that important to you, then feel free to pay for it.
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