COPA: “Curses! Foiled Again…!”

Cue the villain music…but for whom does it play?

The Child Online Protection Act has been struck down yet again on freedom of speech grounds. For those of us who want to protect our kids from Internet Porn, is Judge Lowell Reed the villain? The ACLU? The porn industry? Is it the mindless, blind defense of capitalism and “the market” for porn, information, or whatever else is for sale on the Internet? Some Internet-Uber-Alles fan club? Is the villain a distorted interpretation of the First Amendment? Or is it COPA itself?

Actually, it’s laziness.

COPA is almost NINE YEARS OLD and has never been enforced. It’s been struck down twice before (once already by the Supreme Court). Why are we still arguing about it?!

I read through the various perspectives on the case, both current and historical (start with this March 22, 2007 article by Maryclaire Dale of the Associated Press). I am alternately frustrated at the lack of progress in getting the job done, and appalled that we’re relying on such an indefensibly simplistic and dim-witted legal construction.

The law has always been fatally flawed. But hey -- it was easy to write, made good press, and enabled lawmakers to bloviate, passionately and righteously.

So that’s what we got.

The problem is that the law is only one aspect of the problem. There are at least five major stakeholders who have to get involved, constructively and cooperatively, for us to have a chance. The way I see it, those five are:

1. The content providers themselves – That includes pornographers as well as content-hosting sites like MySpace and YouTube. Self-identification, self-sorting, and self-policing in line with "sensible" disincentives for non-compliance. Any number of simple approaches would be a welcome start. In other words, make it easier for the rest of us to separate the good from the bad (or, the wanted from the unwanted).


2. The technology providers – Like Blue Coat. More of us need to scour our portfolios for technologies that can help, and seed/gift them if necessary. We’ve all got idle assets in our closets, and in the right forum, they can make a world of difference.


3. ISPs – Because the ISP is the guaranteed first and last stop for content. An ISP is a gate through which the content must pass, and with which a user must engage. The ISP industry can play a much more authoritative and compelling educational role. And they can play a real role in crafting workable policy, too, as long as the end result won’t induce a legal-liability coma, which is what they universally fear.


4. Government – we need our best legislative, judicial, and law-enforcement minds on this problem. COPA was dead before it was dry. Come on, guys – this is NOT the best you can do, and it certainly isn’t right for 2007 (if it ever was, even in 1998). This is too important. And our law enforcement people are absolutely crying for better tools in this fight.
   


5. Community organizations – Lions Club. The Rotary. Boy Scouts. The PTA. Civic organizations and churches. You have a way to reach your community members and help raise awareness. Ask a technology provider, ISP, or law-enforcement official to come and speak to your community. And get the BUTTS in the SEATS. We won’t have community action until we accept this as a community issue.

Oh yeah. There’s one more.


6. You. I don’t think this one requires any explanation. If it does, visit Traffic Control - America's Fight Against Internet Porn. (Full disclosure: yours truly was interviewed for the film).

So let’s agree that the villain music is being played for US – all of us who continue to fail our children, from our community leaders to our captains of industry to our government.

And it’s up to us to become the hero of this drama, and demand a set of laws, technologies, and accountabilities that works with and for all the key stakeholders, and compels action equally and fairly across our communities.

One of my life heroes is quoted as saying, “We get the government we deserve.” This quote is attributed to many, but I like to cite Mohandas Ghandhi, because of what he said next: “When we improve, the government is also bound to improve.”

What are we waiting for? Could it be leadership? Here’s a clue: Find a mirror…