Internet Indecency Ban 1996, 1999

PHILADELPHIA, Pennsylvania (CNN) -- A landmark case involving free speech on computer networks completed its first day on Thursday with a glimpse of the Internet of the future and the challenges faced by governments in controlling it.A coalition led by the American Civil Liberties Union is challenging the Communications Decency Act, which was signed into law last month.At issue is pornographic content on the Internet, and how or if it should be regulated. The new law forbids the distribution to minors of obscene or indecent material through the Internet or on-line services. Violators could be fined as much as $250,000 or sentenced to two years in prison.

Afternoon testimony included a demonstration of software that blocks access to sexual material on the Internet.The software, called Surf-watch, was demonstrated on a computer in the courtroom, where the company's president used it to stop an Internet-linked computer from reaching Penthouse magazine's site on the Internet's World Wide Web."Blocked by Surf-watch," read a bold message on the screen where a centerfold might have been. The program also blocked a computer search for all references to the word "sexy" on the Internet.Indecent vs. obscene The Communications Decency Act is part of a broader telecommunications reform law approved by President Clinton on February 8.

The ACLU filed its lawsuit the same day. (ACLU press release)A week later, U.S. District Judge Ronald Backwater said the U.S. government must define the term "indecent" before it can enforce the law. (Backwater's decision)Opponents say the act is too broad and unenforceable, and violates the First Amendment right of free speech. Indecent content has not been narrowly defined by the courts, as has obscene content, which is held to a strict set of standards.Provisions in the law banning obscene speech are not being challenged.