The Volokh Conspiracy

"France Blocks Online Child Porn, Terrorism, Racism":

AP reports:

France is joining at least five other countries where Internet service providers block access to child pornography and to content linked to terrorism and racial hatred, the French interior minister said today.

The agreement will take effect in September. A blacklist will be compiled based on input from Internet users who flag sites containing offensive material, Interior Minister Michel Alliot-Marie said.

All service providers in France have agreed to block offending sites, he said.

"We can no longer tolerate the sexual exploitation of children in the form of child pornography," Alliot-Marie said. "We have come to an agreement: access to child pornography sites will be blocked in France. Other democracies have done it. France could wait no longer."

Related Posts (on one page):

  1. "France Blocks Online Child Porn, Terrorism, Racism":
  2. ISPs Agree to Block Child Pornography Sites:
Bill Poser (mail) (www):
Great. This is going to be pretty broad, too, since it is now established in French law that criticism of Muslim animal sacrifice by animal rights activists constitutes "racial hatred". France sure has lost its grip on liberte.
6.11.2008 1:59pm
A.W. (mail):
Well, good for them on child porn, but thumbs down on racism.

I mean why do i get the feeling that alqaeda.com will be allowed to do their business, while little green footballs will not be?

One should read mark steyn's america alone for some of the ridiculous lengths this goes. Islamic groups say homophobic stuff, and pro gay groups get in trouble for pointing out their homophobia.

Meanwhile, in Canada, a minister is told he is forbidden to quote certain parts of the bible, even in private conversation.

And of course Mark Steyn is about to be found guilty of hate mongering. You keep that in mind, liberals, next time you claim Bush is smothering your freedoms.
6.11.2008 2:16pm
FantasiaWHT:
Racial hatred? Based on flags by internet users? I'm trying to think which is more frightening... flagging by the public (I can see people with dynamic IP addresses switching constantly to flag and reflag a site) or flagging by government bureacrats.
6.11.2008 2:28pm
Bill Poser (mail) (www):
ISPs shouldn't be blocking anything at all, even "child porn". It interferes with their role as carriers, and it requires impossible decisions about what constitutes "child porn". There's no good evidence, to my knowledge, that criminalizing "child porn" has any significant beneficial effect. Actual abuse of children, in the course of making "child porn" or otherwise, is of course already illegal.
6.11.2008 2:29pm
Rogi (mail):
A.W.: You and the rest of hardcore conservatives have nothing to worry about from level headed people such as myself. I am perfectly comfortable for claiming G.W. Bush is smothering my freedoms, and Mark Steyn, certain Islamic groups and certain liberal groups are hate mongering. Now excuse me while I go and stare in the miror accusing myself of hate mongering.
6.11.2008 2:33pm
Ex-Fed (mail) (www):
I'm certain the French internet users will be perfectly reasonable about what they flag as racial hatred.
6.11.2008 2:40pm
Bill Poser (mail) (www):

I'm certain the French internet users will be perfectly reasonable about what they flag as racial hatred.


Ce serait tout ce qui n'est pas en francais?
6.11.2008 2:43pm
FoolsMate:
Speaking of porn, judges and the 1st Amendment, what's your take on this story:

Kozinski is embarassed I think
6.11.2008 2:45pm
Ex-Fed (mail) (www):
Ce serait tout ce qui n'est pas en francais?



Mais bien sur.

I wonder if this means you can now keep French people off your web site simply by embedding metatags that say "cheese eating surrender monkeys" on every page.

I may have to come up with a new France-only EULA for my site. The Canadian one has worked out fine so far.
6.11.2008 3:13pm
ejo:
yeah, it is simply impossible to know what is child porn. why not block all pornography-make the world of the internet a better place.
6.11.2008 3:27pm
Bill Poser (mail) (www):

yeah, it is simply impossible to know what is child porn. why not block all pornography-make the world of the internet a better place.


Actually, one of the problems of determining what is child porn to which I meant to refer is what to do with pictures of small children in the nude but not engaged in any sort of sexual activity. Many American and European families, for example, let small children swim and run around the beach in the nude. Their family vacation photos include what for them are perfectly innocent photos of the kids in the nude. Such people have been arrested and even prosecuted on the basis of such photos. If you really want to eliminate all "pornography", you'll have to filter all images of people not fully covered. If you're the most extreme sort of Muslim this may be acceptable, but it isn't for the rest of us.
6.11.2008 3:47pm
ejo:
let's see-since you can't distinguish between a child at the beach and a child/adult being raped, any sewage is appropriate for on-line content. sorry, I'll take my chances with the possibility of that slippery slope. as much positive as has been done by the web, failing to acknowledge and deal with the negatives isn't even close to a moral position.
6.11.2008 4:12pm
Dave N (mail):
Foolsmate,

Your link is broken (the LA Times website says the page is unavailable). However, I believe you are referring to this story about Judge Kozinski and the porn he posted on his official website.
6.11.2008 4:31pm
Dave N (mail):
Reading the story to its conclusion, I should note that the website to which Judge Kozinski posted porn was alexkozinski.com and not the official website for the 9th Circuit.
6.11.2008 4:36pm
Opher Banarie (mail) (www):
Can environmentalism now be classified as "racial hatred"? After all, most environmentalists feel that there are too many people on the Earth and a cursory look at birth rates has all the developing world at the top of the list. They think there are too many brown kids in the world - that's racial hatred.
6.11.2008 5:17pm
bellisaurius (mail):
I always thought that the best way to get rid of a bad law was to enforce it. In this case, if various majority groups feel that this is a way for them to be oppressed, why not turn it around in the opposite direction and point out all the anti-christian and anti-jewsih stuff, making everything miserable for everyone, eventually causing the law to be ignored or repealed.
6.11.2008 5:36pm
FoolsMate:
Dave N
Thanks for providing the correct link -- that is indeed the one. I am not suggesting Kozinski committed any crimes. I do think the following passages, if correctly quoted, show mendacity about the accidental uploading of images degrading to women. That is just not credible.


Kozinski said he would delete some material from his site, including the photo depicting women as cows, which he said was "degrading . . . and just gross." He also said he planned to get rid of a graphic step-by-step pictorial in which a woman is seen shaving her pubic hair.

Kozinski said he must have accidentally uploaded those images to his server while intending to upload something else. "I would not keep those files intentionally," he said. The judge pointed out that he never used appeals court computers to maintain the site.
6.11.2008 6:03pm
Glenn W. Bowen (mail):

Kozinski said he must have accidentally uploaded those images to his server while intending to upload something else. "I would not keep those files intentionally," he said. The judge pointed out that he never used appeals court computers to maintain the site.


The dog ate his homework.

Jesus Christ....
6.11.2008 6:27pm
Cactus Jack:

let's see-since you can't distinguish between a child at the beach and a child/adult being raped, any sewage is appropriate for on-line content. sorry, I'll take my chances with the possibility of that slippery slope.

You should probably be less concerned about whether the Bill Posers of the world can make this distinction and more concerned about the Mike Nifongs or other politically motivated prosecutors can (or are willing to).
6.11.2008 6:29pm
Bill Poser (mail) (www):

let's see-since you can't distinguish between a child at the beach and a child/adult being raped, any sewage is appropriate for on-line content. sorry, I'll take my chances with the possibility of that slippery slope.


In addition to what Cactus Jack said, the possibility of this slippery slope is not an issue. It has already happened, not in Back-of-beyondia, but in the United States.
6.11.2008 6:35pm
RainerK:
It has become clear to me that the well-intentioned fight against cp is the perfect issue for the pushing of all kinds of agendas. Much has been tried, often successfully, to use the scare factor of this issue to abridge basic liberties: censorship, retroactive laws, draconian punishment, exemptions to the 4th, 5th and 6th amendments and more. It is a fact that the issue has been used as the entry point to many slippery slopes. When children are involved, people tend to lose their sense of proportion. Most important however, is the fact that the public can not legally check the veracity of the many alarmists pronouncements since no one can legally inform themselves what is actually counted as cp and how the numbers are generated.
6.11.2008 8:16pm
Flavio M. Rose (mail):
I should like to point to an AFP version of the story (in French) which seems to give a rather different slant.

AFP version

Note that there will be implementing legislation before the program goes into effect. The only mention of racism is in connection with foreign sites which violate French law regarding racist speech.

The following is a ZDNet France article.

ZDNet France

The original article quoted by Professor Volokh curiously describes the interior minister as "he" and misspells her name, which may be why the link did not work for me.

This post does not represent the views of my law firm or its clients.
6.11.2008 9:46pm
An124:
Slightly odd that the article refers to Alliot-Marie as a "he." :-\
6.12.2008 2:01am
Ari Herzog (www):
Some people consider Robert Maplethorpe's photography of naked men as pornographic. Not child porn, but the point remains valid.

I can see this law being enacted in Japan, but liberal France?
6.12.2008 2:50am
whit:
it's clear that france is just trying to reserve more bandwith for jerry lewis movies.
6.12.2008 11:38am
whit:



I can see this law being enacted in Japan, but liberal France?



france is not "liberal" in regards to speech, unless of course you realize that almost all the speech restrictions/censorship comes from leftists...

so, i guess you would expect it in liberal france.

a quick perusal of any leftie website you will see numerous references to france as "enlightened" and "progressive" and a country we should model ours after

so, it's entirely predictable, frankly, that they would do more and more to quell speech

\
6.12.2008 3:32pm