To print: Click here or Select File and then Print from your browser's menu

This story was printed from silicon.com, located at http://www.silicon.com/

Story URL: http://networks.silicon.com/webwatch/0,39024667,39128376,00.htm

Will linking to porn sites soon be a crime?
It might well be in one US state...

By Declan McCullogh

Published: Friday 04 March 2005

The governor of Utah is deciding whether to sign a bill that would require internet providers to block websites deemed pornographic and that could also target email providers and search engines.

Late Wednesday night, the Utah Senate approved controversial legislation that would create an official list of websites with publicly available material found to be "harmful to minors". Internet providers in Utah must offer their customers a way to disable access to sites on the list or face felony charges.

A spokesperson for newly elected Republican Gov. Jon Huntsman said his aides would need to review the final version. "We have until March 22 to figure out what to do," spokeswoman Tammy Kikuchi said on Thursday.

Technology companies had opposed the bill, saying it is constitutionally suspect and is worded so vaguely that its full impact is still unclear.

Markham Erickson, director of federal policy for lobbying group NetCoalition, said: "I'd be shocked if the governor did not sign this bill. But I'm quite certain there will be a constitutional challenge." NetCoalition members include Google, Yahoo!, and silicon.com publisher CNET Networks.

Supporters of the Utah bill, such as advocacy group Citizens Against Pornography, had pressed for the measure as a way to give parents more control of their home internet connections.

Opponents, though, worry that the legislation could go far beyond just broadband and dial-up providers. Kate Dean, manager of the U.S. Internet Service Provider Association in Washington, D.C, asked: "Does this cover only major internet providers, or are they talking about the local coffee shop that offers Wi-Fi?"

The measure, S.B.260, says: "Upon request by a consumer, a service provider may not transmit material from a content provider site listed on the adult content registry." A service provider is defined as any person or company who "provides an internet access service to a consumer".

Also targeted are content providers, defined as any company that "creates, collects, acquires or organises electronic data" for profit. Any content provider that hosts material deemed harmful to minors by the Utah attorney general must rate it or face third-degree felony charges.

A letter that NetCoalition sent to the state Senate earlier this week said the wording is so vague it could affect search engines, email providers and Web hosting companies. "A search engine that links to a website in Utah might be required...to 'properly rate' the website," the letter said.

A federal judge struck down a similar law in Pennsylvania last year.

Declan McCullogh writes for CNET News.com.