Free porn movie on the computer

Byline: Cynthia L. Webb

The federal government's crusade to protect children from the Internet's seamier side took another hit yesterday, as a federal appeals court in Philadelphia knocked down yet another law aimed at online pornography.

A three-judge panel ruled that the Child Online Protection Act (COPA) restricted free speech since it was not narrowly focused enough to only target pornography. Signed into law in 1998 by President Clinton, the law would require commercial Web site operators to restrict access to explicit material. * 3rd Circuit Court Opinion on COPA Case (PDF)

"The court said that in practice, the law made it too difficult for adults to view material protected by the First Amendment, including many non-pornographic sites," The Associated Press reported. The court "said that in seeking to define material harmful to minors, the law made no distinction between things inappropriate for a 5-year-old and things harmful to someone in their early teens. The judges said that while the law sought to get around free-speech arguments by making the restrictions apply only to Web operators who posted material for 'commercial purposes,' it didn't address what level of profitability was required," the AP said. * The Associated Press via washingtonpost.com: Court Strikes Down Online Porn Law * Australia's News Interactive: U.S. Court Strikes Down Online Porn Law

CNET's News.com reported: "This decision is unusual because it's the second time the 3rd Circuit has rejected COPA as violating the First Amendment's guarantee of freedom of expression. In May 2002, the U.S. Supreme Court reviewed the case, but said the 3rd Circuit's earlier decision was insufficient to establish that COPA was unconstitutional."

As with the Internet filtering law, the Justice Department could appeal yesterday's ruling to the Supreme Court, but for now, the decision hands a victory to one of the law's strongest foes, the American Civil Liberties Union . "The analysis is the one we were making from the very beginning, which is that the law makes it a crime to communicate speech that is clearly protected (by the First Amendment) to adults," Ann Beeson , an ACLU attorney who litigated the case told CNET's News.com. "The only way someone can avoid prosecution is to set up burdensome screening systems. The impact is so great it violates the First Amendment." * CNET's News.com: Appeals Court Strikes Down Net Porn Law * The Washington Post: Justices Partially Back Cyber Pornography Law (Archive link from May 14, 2002)

And while yesterday's ruling involves a completely different law than the filtering case argued this week before the Supreme Court, lawyers from both cases are using similar arguments. The names of the Internet laws are also similar too, COPA and CIPA, or the Children's Internet Protection Act, which is before the highest court now. See Wednesday's Filter for more background, or this primer compiled by washingtonpost.com.

Meanwhile, the battle against online child pornography saw a setback too this week. A federal judge in Manhattan threw out FBI evidence in one child porn case, a "ruling that could imperil scores of related prosecutions around the country," The New York Times said. The judge faulted how the FBI went about gaining search warrants for people who had joined an online child pornography group, thus weakening the government's prosecution of scores of people. * The New York Times: Judge Discards F.B.I. Evidence in Internet Case of Child Smut (Registration required)

Hollywood's Military Connection

A number of movie actors have been vocal in their opposition to a possible war against Iraq. But some in Tinseltown -- including a production designer who worked on "Alien" and "Back to the Future," the co-writer of "Apocalypse Now" and the director of "Grease" -- are partnering with U.S. Army computer scientists to help brainstorm "the next generation of weaponry and equipment," The Washington Post writes. The collaborators toil away at the Institute for Creative Technologies , located in the coastal Los Angeles suburb of Marina Del Rey. "The meetings, with these and other Hollywood figures, have been going on once or twice a month for more than two years, taking on extra urgency after the events of Sept. 11, 2001. ... [A] small group of entertainment-industry recruits continues to grapple with combat-related questions, including: How do you remove wounded soldiers from the battlefield under fire? What kinds of communication tools will officers need to make better decisions on the ground? How do you conduct military operations in crowded urban centers?" The Post writes.

The center, operated by the University of Southern California , notes on its Web site that it was created in 1999 to harness the resources and talents of the entertainment and game development industries to advance "immersive training simulation." The university received a five-year grant from the Army to run the program. * The Washington Post: Thinking Outside the Tank

More High-Tech Gear for Battles

The Pentagon continues to rely on small, unmanned aircraft -- drones -- to conduct reconnaissance. Typically, the word "drone" conjures up images of a large craft capable of carrying a missile, like the one the CIA used in Yemen last year to kill a top al Qaeda operative. But one Marine stationed in Kuwait is operating the military's smallest drone -- a battery-powered model called Dragon Eye , which has a four-foot wingspan. Dragon Eye flies in the air and snaps images from a camera. "It's a great challenge using such high-tech gear," Lance Cpl. Michael Deguzman told The Washington Post. "We'd normally have to send scouts into harm's way to find the enemy. ... The plane can move more quickly and cover more ground, without putting people at risk. It'll also help prevent friendly fire when units are working real close together," he said. * The Washington Post: A High-Tech Pilot Who Keeps His Feet on the Ground * Avionics Magazine: Minidrones -- Near Term ...

* Military.com: Unmanned Aerial Vehicles programs

Backing Out of Nextel

Telecom financier Craig McCaw is cutting his stake in Nextel Communications -- a move that will forfeit his control of the mobile-phone company. McCaw owned 8 percent of the company two years ago but will have less then 2 percent of the company once he sells his shares in the next few weeks. "With that drop, he will give up the right to control three seats on the 11-seat board of directors and will surrender the right to appoint members to the committee that names the chief executive. But, pending shareholder approval, he will keep his seat on the board through the end of his term in May 2004," The Washington Post reported. Nextel shares have been selling in the mid-$12 range -- better than the $2.50 a share rock-bottom it hit last year, but far from the $80 a share during the Internet boom of 2000. Here's one positive spin on the sale: "McCaw has been looking to diversify his stake and keep his money in different pockets," Eric Misenheimer , who holds Nextel debt as part of $500 million in high-yield bonds he oversees at Chicago's Northern Trust , told Bloomberg. "We don't take this as a negative," he said. Right, selling massive shares is always a sign of confidence. * The Washington Post: Nextel Backer McCaw Decreasing His Stake

* Bloomberg via The Seattle Times: McCaw to Forfeit Control of Nextel

* The Financial Times: McCaw To Pare Stake and Influence Over Nextel

Half-Way Gone

San Jose-based eBay will phase out the online discount site Half.com and merge it with its main auction site by the end of next year. Half.com's president will resign from the company in April. "From the beginning we've always believed it's a better user experience to have one site," eBay spokesman Kevin Pursglove told CNET's News.com. "It's easier as a seller to go to one site and list an item for one group of potential buyers, and it's easier as a buyer to go to one site to find listed items." * CNET's News.com: eBay To Close Half.com * The Associated Press via Salon.com: EBay Plans to Shut Down Half.com Unit

Check Your Mailbox

Microsoft is handing out its first-ever dividend today, handing out more than $850 million to shareholders. "Chief Financial Officer John Connors has described the dividend as a 'starter dividend' and, as the payout grows, Microsoft could attract more income investors in the future. Dividends could become more tantalizing if President Bush's proposal to eliminate the dividend tax for investors becomes a reality," the Seattle Times reported. * The Seattle Times: Microsoft Pays 8-Cent Dividend To Shareholders * The Associated Press via The San Jose Mercury News: Microsoft Issues First-Ever Dividend Today

Andreessen Has Faith in the Valley