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Originally Posted by Tempest
True.. However, COPA was adding an extra layer onto the site that did the same thing that the software would do.. sort of... forcing porn into .xxx isn't the same thing. Instead, it would make it easier for that software to do it's job whereas the age verification thing didn't.
It doesn't matter really what things might get struck down, it's that laws can be put in place pushing people into .xxx. Regardless of whether or not it gets struck down in the end, it would force everyone to move in that direction. eg: 2257.
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They are different, but idealistically they are very similar. The supreme court said there was no need for this age verification because the filtering software did its job well enough that the average person could easily avoid most of it. Since then filtering has only gotten more sophisticated so I think it would be very hard for them to argue that a .xxx is needed to help make filtering work better.
But, as you say, the kicker is a law. If they pass a law I would assume an injunction stopping it from being enforced/put to use would be given while the legalities of it are figured out so in theory people wouldn't be forced to go to a .xxx while the court cases were pending. But there is no way of knowing this for certain.
I personally think they won't pass such a law. There are many politicians, especially conservatives who hate this industry, who were very much against .xxx. If they force us to use it that would be a way of them giving us a form of legitimacy. Also, there are many laws on the books that stop cities from creating red-light districts and "ghettos" where they put all of the businesses that they feel are "less desirable." Forcing the use of a .xxx would essentially be doing just that so the argument could be made that if is wrong in the brick and mortar world, it is wrong online.
Of course, in the end, you never know. A law could pass, they could make a good argument and the courts could uphold it. But I have a feeling it just won't happen.