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Hi all, I have been reading the new COPA decision. Here is something interesting - district court findings of fact: The District Court then found that: [o]ne of the features of filtering programs that adds to their effectiveness is that they have built-in mechanisms to prevent children from bypassing or circumventing the filters, including password protection and other devices to prevent children from uninstalling the product or changing the settings. Some products even have a tamper detection feature, by which they can detect when someone is trying to uninstall or disable the product, and then cut off Internet access altogether until it has been properly reconfigured. Filtering companies actively take steps to make sure that children are not able to come up with ways to circumvent their filters. Filtering companies monitor the Web to identify any methods for circumventing filters, and when such methods are found, the filtering companies respond by putting in extra protections in an attempt to make sure that those methods do not succeed with their products. Id. at 795 (citations omitted). The court also found that ³[i]t is difficult for children to circumvent filters because of the technical ability and expertise necessary to do so . . . .² Id. So there you heard - from the third circuit itself - your students do not have the technical ability or expertise to bypass your filters. Yeah right. Fortunately not the only basis upon which the court determined COPA to be unconstitutional. BTW, the reason the ACLU has not been at all aggressive against some of the concerns related to filtering - like one filtering company that has close relations with a conservative religious organization, is that they have been the ones who have argued that filtering is a less restrictive alternative to this stupid criminal law. Nancy -- Nancy Willard, M.S., J.D. Center for Safe and Responsible Internet Use http://csriu.org http://cyberbully.org http://cyber-safe-kids.com http://csriu.wordpress.com nwillard@csriu.org Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social Aggression, Threats, and Distress (Research Press) Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the Internet Safely and Responsibly (Jossey-Bass) -------------------------------------------------------------------- Please note: All LM_NET postings are protected by copyright law. You can prevent most e-mail filters from deleting LM_NET postings by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book. To change your LM_NET status, e-mail to: listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL 3) SET LM_NET MAIL 4) SET LM_NET DIGEST * Allow for confirmation. * LM_NET Help & Information: http://www.eduref.org/lm_net/ * LM_NET Archive: http://www.eduref.org/lm_net/archive/ * EL-Announce with LM_NET Select: http://lm-net.info/ * LM_NET Supporters: http://www.eduref.org/lm_net/ven.html * LM_NET Wiki: http://lmnet.wikispaces.com/ --------------------------------------------------------------------