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U.S. SENATOR PATRICK LEAHY

CONTACT: Office of Senator Leahy, 202-224-4242

VERMONT


Reaction Of Sen. Patrick Leahy
(Senate’s Sole Opponent Of COPA)
To The Supreme Court’s Decision
On The Child Online Protection Act
Tuesday, June 29, 2004

[Sen. Patrick Leahy (D-Vt., ranking Democratic member of the Senate Judiciary Committee, co-founder and co-chair of the Congressional Internet Caucus) was the only U.S. senator to vote against the Senate version of the Child Online Protection Act (COPA) when the Senate passed it Oct. 7, 1998, in a vote of 98 to 1.  Leahy, sometimes known as the “cyber senator” for his leadership on and enthusiasm for internet issues, is also the Senate’s leading champion of internet freedom and has pressed to prevent the imposition of discriminatory taxes on online commerce.  Leahy’s reaction to the U.S. Supreme Court’s decision in the COPA case follows:]   

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“The Supreme Court’s ruling that the Child Online Protection Act likely violates free speech rights echoes the doubts expressed by some of us in Congress years ago when this legislation was being considered.  I opposed this law as being constitutionally flawed and warned that it would have a difficult time withstanding judicial review because Congress had failed to consider less restrictive means of protecting children from harmful online materials, such as filtering technology. 

“Six years after this law was enacted, it has done nothing to protect children online, while generating interminable litigation that has already produced two Supreme Court decisions.  Meanwhile, as the Court noted, technology has continued to produce better solutions than this law offers.

“The task before us is finding legislative solutions that do not just lull parents into a false sense of security in the short term, but that can withstand the test of time and the scrutiny of the courts.  The internet was born here, and the world watches closely whenever we move to regulate it.  Writing rules for the internet should be done with particular care, and that did not happen with this law.”

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