(Independent Florida Alligator) (U-WIRE) GAINESVILLE, Fla. -- Another state has entered the world of ineffective Internet control and by doing so, sets a bad example for the rest of the country.
Internet service providers that serve customers in Pennsylvania soon will be held responsible by that state for blocking sites that display child pornography.
The intention of the state is worthy, but the method is lacking. Child pornography is certainly not protected by the First Amendment, as it is obscenity in its worst form. However, Pennsylvania's new law will not make any strides toward rectifying the problem.
Holding Internet service providers responsible for blocking these sites with violators punished by large fines and prison sentences is a mistake. Providers are merely the middlemen of the Internet. They neither produce the objectionable material, nor access it. They should not be held liable for the actions of individuals sick enough create these sites.
The law calls for the state attorney general's office to be responsible for distributing a list of sites that should be blocked by the Internet service providers. Thus enters a second problem: Internet sites, particularly those containing questionable material, change addresses frequently to evade being blocked or shut down.
By the time the sites are identified by the government, steered through the inevitable bureaucratic mess it would take to compile such a list and then distributed to the providers, the list would likely be obsolete. This process could never effectively keep up with many of the sites the state wishes to block.
Another problem arises with the universal nature of the Internet. A single state attempting to place restrictions on Internet service providers that serve customers across the country will never achieve a fraction of the efficacy it desires. Simply put: It can't be done. It would be like trying to catch the Atlantic Ocean in a bottle and expecting it to not run over.
There is no doubt that the distribution of child pornography via the Internet is a problem that should be addressed. However, Pennsylvania's legislation is worthless. It will accomplish nothing but creating a precedent for other states when considering laws restricting the Internet.
This law illustrates how government is understandably used to passing laws that affect only "real space." Until recently, lawmaking was fairly simplistic: Identify the problem, where it occurs and who creates it. Then make certain actions illegal and create penalties.
Lawmaking in the 21st century will not be so easily conducted. Before applying old dog tricks to new, uncharted areas of legislation, state and federal leaders should work with innovators in the technology field to determine what methods must be taken to create effective restrictions on Internet content.
Once we have effective methods, they should be used carefully to ensure that our freedom of speech is not infringed upon in the process.
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