Code 2.0

36.

See Blake T. Bilstad, 'Obscenity and Indecency in a Digital Age: The Legal and Political Implications of Cybersmut, Virtual Pornography, and the Communications Decency Act of 1996,' Santa Clara Computer and High Technology Law Journal 13 (1997): 321, 336–37.

37.

Marty Rimm, 'Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Descriptions, Short Stories, and Animations Downloaded 8.5 Million Times by Consumers in over 2,000 Cities in Forty Countries, Provinces, and Territories,' Georgetown University Law Journal 83 (1995): 1849. Godwin provides the whole history of the Rimm article, describing the most significant problems and consequences of the 'misleading' and 'false' statements, and its eventual demise; Cyber Rights, 206–59; see also Jonathan Wallace and Mark Mangan, Sex, Laws, and Cyberspace (New York: M&T Books, 1996), ch. 6.

38.

See Philip Elmer-DeWitt, 'On a Screen Near You: Cyberporn — It's Popular, Pervasive, and Surprisingly Perverse, According to the First Survey of Online Erotica — And There's No Easy Way to Stamp It Out,' Time, July 3, 1995.

39.

47 USCA 223(e)(5)(A) (Supp 1999).

40.

The law was extinguished (at least in part) at 521 US 844 (1997); see Eugene Volokh, 'Freedom of Speech, Shielding Children, and Transcending Balancing,' Supreme Court Review 1997 (1997): 141.

41.

See Federal Communications Commission v. Pacifica Foundation, 438 US 726, 748–50 (1978) (plurality). Though Pacifica has been criticized strongly, see Steven H. Shiffrin, The First Amendment, Democracy, and Romance (Cambridge, Mass.: Harvard University Press, 1990), 80, as Jonathan Weinberg convincingly argues, Pacifica continues to have influence in the broadcasting context; 'Cable TV, Indecency, and the Court,' Columbia-VLA Journal of Law and the Arts 21 (1997): 95.

42.

Ashcroft v. ACLU, 540 U.S. 1072 (2003). Child Online Privacy Protection Act of 1998, Title XIV, Section 1401.

43.

Ashcroft v. ACLU, 540 U.S. 1072 (2003).

44.

Ginsberg v. New York, 390 U.S. 629 (1968).

45.

There is also a doctrine within First Amendment law that might limit the ability of the government to regulate when the regulation is ineffective. See Reno v. ACLU, 929 F. Supp 824, 848 (D. Pa.1996), where the court talks about how this regulation wouldn't work in foreign jurisdictions anyway.

46.

Ann Beeson and Chris Hansen, 'Fahrenheit 451.2: Is Cyberspace Burning?' (American Civil Liberties Union White Paper, March 17, 2002).

47.

Not all of these filters function by using blacklists. Two examples of filtering programs that use an algorithmic approach rather than blacklists are PixAlert's SafeScreen (available at http://www.safescreen.net (cached: http://www.webcitation.org/5J6mzZs25)) and LTU Technologies' ImageSeeker (available at http://www.ltutech.com/en/ (cached: http://www.webcitation.org/5J6n39fZm)), the latter of which is supposedly being used by the FBI and DHS in child pornography investigations.

48.

Paul Resnick, '[email protected], Moving On,' January 20 1999, available at http://lists.w3.org/Archives/Public/pics-interest/1999Jan/0000.html (cached: http://www.webcitation.org/5J6n63Y6x); Paul Resnick, 'Filtering Information on the Internet,' Scientific American 106 (March 1997), also available at http://chinese- school.netfirms.com/Internet-filtering.html (cached: http://www.webcitation.org/5J6n8HCwv); Paul Resnick, 'PICS, Censorship, and Intellectual Freedom FAQ,' available at http:// www.w3.org/PICS/PICS-FAQ-980126.html; (cached: http://www.webcitation.org/5J6nCLOBL); Paul Resnick and Jim Miller, 'PICS: Internet Access Controls Without Censorship,' Communications of the ACM 39 (1996): 87, also available at http://www.w3.org/PICS/iacwcv2.htm (cached: http://www.webcitation.org/5J6nFRiGH); Jim Miller, Paul Resnick, et al., 'PICS 1.1 Rating Services and Rating Systems — and Their MachineReadable Descriptions,' October 31, 1996, available at http://www.w3.org/TR/REC-PICS-services (cached: http://www.webcitation.org/5J6nHtqyL));