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	<title>Comments on: Sandwich Meat, or How Not To Protect Kids From Porn</title>
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	<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/</link>
	<description>Information, Law, and the Law of Information</description>
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		<title>By: sports trivia</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-94123</link>
		<dc:creator>sports trivia</dc:creator>
		<pubDate>Sun, 16 Aug 2009 07:59:24 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-94123</guid>
		<description>Love the logic here and your suggestions.  And you&#039;re right, it&#039;s completely backwards...but I see the people behind these sites as two steps ahead.  No matter what family friendly ISPs put in place or anything else of the sort, they&#039;ll find ways around these things.  Very tough issue to figure out how best to deal with regardless.</description>
		<content:encoded><![CDATA[<p>Love the logic here and your suggestions.  And you&#8217;re right, it&#8217;s completely backwards&#8230;but I see the people behind these sites as two steps ahead.  No matter what family friendly ISPs put in place or anything else of the sort, they&#8217;ll find ways around these things.  Very tough issue to figure out how best to deal with regardless.</p>
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		<title>By: leoo</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-68724</link>
		<dc:creator>leoo</dc:creator>
		<pubDate>Wed, 12 Nov 2008 20:46:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-68724</guid>
		<description>Very interesting article</description>
		<content:encoded><![CDATA[<p>Very interesting article</p>
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		<title>By: Derek Bambauer</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-55694</link>
		<dc:creator>Derek Bambauer</dc:creator>
		<pubDate>Sun, 29 Jun 2008 17:36:29 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-55694</guid>
		<description>Hi Flyoversam - this is a great post - thanks for it. I agree completely that CP80 simply doesn&#039;t understand the underlying technical architecture of the Internet. Ports, just to take one example, are a *voluntary* convention. If you and I decide to write a program that ships data back and forth to port 25 (SMTP) or 80 (HTTP), we can do so - there&#039;s absolutely nothing in the Net&#039;s architecture that prevents this. Now, if we try to have our app interact with other servers, they&#039;re going to get very confused, but that&#039;s our problem. (Lotus Notes, for example, has the ability to use port 80 as a pass-through to traverse firewalls that refuse to open 1352.) The idea of mandating legally that traffic pass to a given TCP port is unworkable, and a bad idea technically to boot. (There&#039;s a larger story here about the problems of lawyers regulating highly dynamic technologies, but that&#039;s a different conversation.)

Do you find Google&#039;s SafeSearch feature helpful in screening out inappropriate search results?

Back when Larry Lessig first wrote his book Code and Other Laws of Cyberspace, PICS looked like it would do exactly what you propose: allow us to tag content with metadata that would alleviate some of these problems. But it&#039;s essentially dead on the vine. I&#039;m with you that a more widely adopted PKI system would solve all sorts of problems - spam not least - but I am very pessimistic that this will happen.

Protecting kids on-line is tough. My own tentative view is that client-side filtering may be the best answer, but it&#039;s an imperfect one.

It&#039;s also not clear to me that CP80 is a kid-focused proposal. I think it&#039;s tied to a more general disapproval / concern about porn, and that opens up a different set of policy and legal concerns.</description>
		<content:encoded><![CDATA[<p>Hi Flyoversam &#8211; this is a great post &#8211; thanks for it. I agree completely that CP80 simply doesn&#8217;t understand the underlying technical architecture of the Internet. Ports, just to take one example, are a *voluntary* convention. If you and I decide to write a program that ships data back and forth to port 25 (SMTP) or 80 (HTTP), we can do so &#8211; there&#8217;s absolutely nothing in the Net&#8217;s architecture that prevents this. Now, if we try to have our app interact with other servers, they&#8217;re going to get very confused, but that&#8217;s our problem. (Lotus Notes, for example, has the ability to use port 80 as a pass-through to traverse firewalls that refuse to open 1352.) The idea of mandating legally that traffic pass to a given TCP port is unworkable, and a bad idea technically to boot. (There&#8217;s a larger story here about the problems of lawyers regulating highly dynamic technologies, but that&#8217;s a different conversation.)</p>
<p>Do you find Google&#8217;s SafeSearch feature helpful in screening out inappropriate search results?</p>
<p>Back when Larry Lessig first wrote his book Code and Other Laws of Cyberspace, PICS looked like it would do exactly what you propose: allow us to tag content with metadata that would alleviate some of these problems. But it&#8217;s essentially dead on the vine. I&#8217;m with you that a more widely adopted PKI system would solve all sorts of problems &#8211; spam not least &#8211; but I am very pessimistic that this will happen.</p>
<p>Protecting kids on-line is tough. My own tentative view is that client-side filtering may be the best answer, but it&#8217;s an imperfect one.</p>
<p>It&#8217;s also not clear to me that CP80 is a kid-focused proposal. I think it&#8217;s tied to a more general disapproval / concern about porn, and that opens up a different set of policy and legal concerns.</p>
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		<title>By: flyoversam</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-55653</link>
		<dc:creator>flyoversam</dc:creator>
		<pubDate>Sat, 28 Jun 2008 21:29:51 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-55653</guid>
		<description>The technical problems inherent in the CP80 proposal aren&#039;t resolved by &quot;tweaking&quot; - the fundamental model is flawed. Simply put, things don&#039;t work that way.

As someone who is a senior technology executive for a Fortune 250 firm&#039;s governance, risk and compliance organization, inappropriate content is an issue we deal with as well. In our case, we prohibit this type of content for different reasons - e.g. safe workplace, preventing sexual harassment issues, reducing the frequency of inappropriate use of company resources, lowering the likelihood of the introduction of malware which highly correlates with inappropriate content sites, etc.

Having previously worked directly with the firewall team (in an organization with over 200 firewalls domestically alone), and working with traffic environments where a single firewall can have as many as 100 million logged session events (web hit, email transfer, etc.) daily, there is a bit more to how TCP/IP works than something as simplistic and unfortunately technically incorrect as the CP80 proposal.

TCP/IP and ports-specific behavior simply don&#039;t work the way the CP80 people would hope or expect. This is not the best idea out there, nor is it one that can be modified to work. The foundational assumptions are wrong, and the Internet doesn&#039;t function in the manner those proposing this approach would hope. It&#039;s unfortunate that someone didn&#039;t guide them earlier on to direct them to a cause that wasn&#039;t so technically silly - in a sense, they&#039;re doing the equivalent of a movie actor pretending to conduct an orchestra, while instead flailing their arms around like a angered bear swatting at bees.

As a parent of two school-age children, I share the concern about inappropriate content. My wife and I both have accidentally hit &quot;the wrong sites&quot; when searching for sites with our kids - Barbie happens to be a high risk keyword for instance. Messing with the plumbing when there is no meaningful relationship nor viable method of creating one given the architecture of TCP/IP isn&#039;t the solution. I&#039;d actually encourage consideration of PKI to support a content rating model and expand definitions to include assessment categories (e.g. type of site, maturity rating of site, whether site has been verified by an accredited third party to be consistent with this rating, etc.). Directory service architectures underlying PKI may have the capacity to provide for content extension and quite possibly work has been done in this space.

In this event, https and the PKI exchange can serve as a method of securely communicating the attributes of the respective website, and browser development (or even firewall rules) can be pursued to limit non-https traffic. As http really needs to be retired due to other issues (e.g. coffee shop use where http is really a poor idea due to too many vulnerabilities from exposed data), a child-safe content initiative that embraced this model might find other advocates to attain sufficient momentum.

Per CP80&#039;s &quot;port channel&quot; model - either drop it and move onto something viable for the benefit of the kids, or get stuck in the mud chasing something that just won&#039;t work.</description>
		<content:encoded><![CDATA[<p>The technical problems inherent in the CP80 proposal aren&#8217;t resolved by &#8220;tweaking&#8221; &#8211; the fundamental model is flawed. Simply put, things don&#8217;t work that way.</p>
<p>As someone who is a senior technology executive for a Fortune 250 firm&#8217;s governance, risk and compliance organization, inappropriate content is an issue we deal with as well. In our case, we prohibit this type of content for different reasons &#8211; e.g. safe workplace, preventing sexual harassment issues, reducing the frequency of inappropriate use of company resources, lowering the likelihood of the introduction of malware which highly correlates with inappropriate content sites, etc.</p>
<p>Having previously worked directly with the firewall team (in an organization with over 200 firewalls domestically alone), and working with traffic environments where a single firewall can have as many as 100 million logged session events (web hit, email transfer, etc.) daily, there is a bit more to how TCP/IP works than something as simplistic and unfortunately technically incorrect as the CP80 proposal.</p>
<p>TCP/IP and ports-specific behavior simply don&#8217;t work the way the CP80 people would hope or expect. This is not the best idea out there, nor is it one that can be modified to work. The foundational assumptions are wrong, and the Internet doesn&#8217;t function in the manner those proposing this approach would hope. It&#8217;s unfortunate that someone didn&#8217;t guide them earlier on to direct them to a cause that wasn&#8217;t so technically silly &#8211; in a sense, they&#8217;re doing the equivalent of a movie actor pretending to conduct an orchestra, while instead flailing their arms around like a angered bear swatting at bees.</p>
<p>As a parent of two school-age children, I share the concern about inappropriate content. My wife and I both have accidentally hit &#8220;the wrong sites&#8221; when searching for sites with our kids &#8211; Barbie happens to be a high risk keyword for instance. Messing with the plumbing when there is no meaningful relationship nor viable method of creating one given the architecture of TCP/IP isn&#8217;t the solution. I&#8217;d actually encourage consideration of PKI to support a content rating model and expand definitions to include assessment categories (e.g. type of site, maturity rating of site, whether site has been verified by an accredited third party to be consistent with this rating, etc.). Directory service architectures underlying PKI may have the capacity to provide for content extension and quite possibly work has been done in this space.</p>
<p>In this event, https and the PKI exchange can serve as a method of securely communicating the attributes of the respective website, and browser development (or even firewall rules) can be pursued to limit non-https traffic. As http really needs to be retired due to other issues (e.g. coffee shop use where http is really a poor idea due to too many vulnerabilities from exposed data), a child-safe content initiative that embraced this model might find other advocates to attain sufficient momentum.</p>
<p>Per CP80&#8217;s &#8220;port channel&#8221; model &#8211; either drop it and move onto something viable for the benefit of the kids, or get stuck in the mud chasing something that just won&#8217;t work.</p>
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		<title>By: jennifer johnson</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-52640</link>
		<dc:creator>jennifer johnson</dc:creator>
		<pubDate>Thu, 08 May 2008 20:00:45 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-52640</guid>
		<description>You claim to be knowledgable. Offer to help the Cp80 Foundation if you think their plan needs some &quot;tweaking&quot;  I think it is the best idea out there at the moment and deserves some serious scrutiny and positive support. If great minds would work together to form viable solutions instead of distantly picking apart all possible flaws we would get much further in solving this and many other problems. 

I disagree with your assessments. I think their proposed laws (state and federal) will make a big positive difference.</description>
		<content:encoded><![CDATA[<p>You claim to be knowledgable. Offer to help the Cp80 Foundation if you think their plan needs some &#8220;tweaking&#8221;  I think it is the best idea out there at the moment and deserves some serious scrutiny and positive support. If great minds would work together to form viable solutions instead of distantly picking apart all possible flaws we would get much further in solving this and many other problems. </p>
<p>I disagree with your assessments. I think their proposed laws (state and federal) will make a big positive difference.</p>
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		<title>By: Jason (porn info junky)</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-51162</link>
		<dc:creator>Jason (porn info junky)</dc:creator>
		<pubDate>Sun, 13 Apr 2008 04:01:17 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-51162</guid>
		<description>The answer always has been to make the tools available so those who want to filter can and those who dont are not burdened.  We will always have different jurisdictions and varying community standards that judge different content and its importance differently and there is no way we can offer a one-size-fits all internet which is going to be satisfactory to everybody.  The online adult industry has taken it upon itself to embrace labeling (RTA and the older ICRA standards), so anyone who wants to filter their experience can using any freely or commercially available software.  To try to legislate a pre-free-speach but &quot;safe and clean&quot; internet is ludicris.</description>
		<content:encoded><![CDATA[<p>The answer always has been to make the tools available so those who want to filter can and those who dont are not burdened.  We will always have different jurisdictions and varying community standards that judge different content and its importance differently and there is no way we can offer a one-size-fits all internet which is going to be satisfactory to everybody.  The online adult industry has taken it upon itself to embrace labeling (RTA and the older ICRA standards), so anyone who wants to filter their experience can using any freely or commercially available software.  To try to legislate a pre-free-speach but &#8220;safe and clean&#8221; internet is ludicris.</p>
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		<title>By: Derek Bambauer</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-42697</link>
		<dc:creator>Derek Bambauer</dc:creator>
		<pubDate>Mon, 21 Jan 2008 19:19:09 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-42697</guid>
		<description>David, this is an interesting point. I believe that the Justice Department has stepped up its prosecution of obscenity - if memory serves, this was a heightened priority under former Attorney General John Ashcroft, and has received attention under AG Alberto Gonzales as well. And some US attorneys are taking this up as well:

http://www.nytimes.com/2007/09/28/us/28obscene.html

I have my own issues with client-side filtering (NetNanny and its ilk), but this approach looks like the best compromise at the moment. There will always be some obscene material that is beyond the reach of US enforcement (e.g., that hosted overseas) or that isn&#039;t deemed problematic enough when allocating scarce prosecutorial resources.

CP80 remains a terrible idea for all the reasons I put forth in the post...</description>
		<content:encoded><![CDATA[<p>David, this is an interesting point. I believe that the Justice Department has stepped up its prosecution of obscenity &#8211; if memory serves, this was a heightened priority under former Attorney General John Ashcroft, and has received attention under AG Alberto Gonzales as well. And some US attorneys are taking this up as well:</p>
<p><a href="http://www.nytimes.com/2007/09/28/us/28obscene.html" rel="nofollow">http://www.nytimes.com/2007/09/28/us/28obscene.html</a></p>
<p>I have my own issues with client-side filtering (NetNanny and its ilk), but this approach looks like the best compromise at the moment. There will always be some obscene material that is beyond the reach of US enforcement (e.g., that hosted overseas) or that isn&#8217;t deemed problematic enough when allocating scarce prosecutorial resources.</p>
<p>CP80 remains a terrible idea for all the reasons I put forth in the post&#8230;</p>
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		<title>By: David Lowry</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-42592</link>
		<dc:creator>David Lowry</dc:creator>
		<pubDate>Mon, 21 Jan 2008 03:43:28 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-42592</guid>
		<description>I am a firm believer in the first amendment and I do not want to see it weakened by laws which would add a chilling effect to it.  The law already has the Miller test for obscenity and that should be enough--except for one thing--The Miller Test is clearly not being enforced!  

Hard core pornography, which would clearly be deemed obscene by the Miller test  is widely rampant on the internet.  Presently, local, state, and federal govenments seem impotent to do any significant thing about it.  The harm that could come to society, and especially children, should be of concern to everyone.  The old line that &quot;parents should watch their children&quot; isn&#039;t going to solve this problem  

If our government won&#039;t enforce the laws against &quot;non protected&quot; speech like hard core pornography, then I suspect we are going to see any number of work arounds like CP80 until something effective is done.

CP80 May not be ideal, but the social fallout from pornography could be worse.  Personally, I would like to see existing laws enforced; then maybe we wouldn&#039;t need any more.</description>
		<content:encoded><![CDATA[<p>I am a firm believer in the first amendment and I do not want to see it weakened by laws which would add a chilling effect to it.  The law already has the Miller test for obscenity and that should be enough&#8211;except for one thing&#8211;The Miller Test is clearly not being enforced!  </p>
<p>Hard core pornography, which would clearly be deemed obscene by the Miller test  is widely rampant on the internet.  Presently, local, state, and federal govenments seem impotent to do any significant thing about it.  The harm that could come to society, and especially children, should be of concern to everyone.  The old line that &#8220;parents should watch their children&#8221; isn&#8217;t going to solve this problem  </p>
<p>If our government won&#8217;t enforce the laws against &#8220;non protected&#8221; speech like hard core pornography, then I suspect we are going to see any number of work arounds like CP80 until something effective is done.</p>
<p>CP80 May not be ideal, but the social fallout from pornography could be worse.  Personally, I would like to see existing laws enforced; then maybe we wouldn&#8217;t need any more.</p>
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		<title>By: Open Hatch &#187; Blog Archive &#187; Re: CP80 Initiative</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-21006</link>
		<dc:creator>Open Hatch &#187; Blog Archive &#187; Re: CP80 Initiative</dc:creator>
		<pubDate>Sat, 22 Sep 2007 22:19:43 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-21006</guid>
		<description>[...] Bambauer at the INFO/LAW blog concludes against the CP80 Initiative, which proposes a means of regulating internet pornography.&#160; This is what [...]</description>
		<content:encoded><![CDATA[<p>[...] Bambauer at the INFO/LAW blog concludes against the CP80 Initiative, which proposes a means of regulating internet pornography.&nbsp; This is what [...]</p>
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		<title>By: Derek Bambauer</title>
		<link>http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-kids-from-porn/comment-page-1/#comment-7971</link>
		<dc:creator>Derek Bambauer</dc:creator>
		<pubDate>Mon, 23 Apr 2007 00:12:03 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/2007/04/04/sandwich-meat-or-how-not-to-protect-k#comment-7971</guid>
		<description>Darrin, thanks - this is a good point. I&#039;ve no expertise in the cognitive effects of pornography. In part, though, this is my point - if an organization such as CP80 wants to make some rather strong claims regarding the need for technical and legal regulation, I think it&#039;s incumbent upon them to support their contentions about porn&#039;s ill effects with, at least, a few footnotes or citations. If you have any suggested references, I&#039;d be glad to read them and, if they&#039;re publicly available, will link to them from the blog post.

Part of my worry about efforts like CP80 is that they are likely to have very large unintended consequences, both for the Internet and for our access to information. Porn is the thin edge of the wedge - there is considerable research (which I view as methodologically suspect, but that&#039;s somewhat beside the point) showing harm from watching violent material. Slippery slopes...</description>
		<content:encoded><![CDATA[<p>Darrin, thanks &#8211; this is a good point. I&#8217;ve no expertise in the cognitive effects of pornography. In part, though, this is my point &#8211; if an organization such as CP80 wants to make some rather strong claims regarding the need for technical and legal regulation, I think it&#8217;s incumbent upon them to support their contentions about porn&#8217;s ill effects with, at least, a few footnotes or citations. If you have any suggested references, I&#8217;d be glad to read them and, if they&#8217;re publicly available, will link to them from the blog post.</p>
<p>Part of my worry about efforts like CP80 is that they are likely to have very large unintended consequences, both for the Internet and for our access to information. Porn is the thin edge of the wedge &#8211; there is considerable research (which I view as methodologically suspect, but that&#8217;s somewhat beside the point) showing harm from watching violent material. Slippery slopes&#8230;</p>
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