Why We Must Remain Neutral on Child Pornography

By Mark David Blum, Esq.

It has been the battle cry of the internet that it should always maintain what is called, “net neutrality”. The principle behind that concept is that no matter what the subject, who puts it there, who reads it, or what it says, the internet itself should not be regulated. If you don’t like it, don’t read it. But at no time should the internet itself ever be subject to oversight, regulation, control, or censored at the hand of any government or persons. The internet itself should remain mum on all issues; large and small. Only through this process can we be sure that the information we see is not filtered through government or censorship beyond the author.

Many were outraged when Google surrendered to Chinese government demands to censor the content of websites viewed in China. We considered Google to be a sell out, to be violating the most cherished and protected principles of the internet, and to be unworthy of any respect. From all accounts, the option exercised to capitalize upon the vast Chinese market was just too much temptation for Google to remain true to its roots and to the internet.

So where would we be without the likes of New York’s Nassau County Legislator, Jeffrey Tobak? He can be credited with legislation banning smoking in all restaurants, bars and workplaces in the County. He proposed a law to raise the legal age to purchase tobacco products in Nassau County from 18 to 19. Also Mister Tobak co-sponsored a law to protect Nassau teens from the harmful effects of indoor tanning devices. Called the Colette Coyne Skin Cancer Prevention Law, the legislation requires anyone under the age of 18 who wishes to use a tanning facility to have signed, written consent from his or her parent.

Now that Mister Tobak has assigned himself the role of protecting us from ourselves; as the self annoited master nanny-stater, he now wants to bring home a very Chinese concept here to the United States and State of New York. Not satisfied with American solutions to problems, Legislator Tobak wants to drag the United States and its control of the Internet into the world of totalitarian controls, government censorship, and a final end to net neutrality.

Mr. Tobak has sued Google. He claims that Google has the technology and the political will to censor political content. Following that line of reasoning, Tobak is standing upon the backs of children and demanding that Google follow its’ precedent and ban child pornography. He is seeking a Court Order of suppression. “The suit, which claims Google acted negligently and intentionally inflicted emotional distress on the public, requests monetary damages to be determined at trial. It also accuses Google of violating federal statutes relating to child pornography and calls for the court to order that Google cease "advertising, promoting, or distributing" child pornography through its site or otherwise providing any links to such content.”

Well, thank you very much Mr. Tobak, but I am not of the opinion that the United States should be looking to the Chinese as a role model as to how to control aberrant behavior in society. We don’t need to blanket the internet with a layer of government controls that determine for us what we can and cannot see. Imagine if you will, a gaggle of Googlers sitting around their offices pouring over pictures and text and passing judgment for you and me as to what is and is not acceptable. Somehow, I am not comfortable turning over my freedoms to a hoard of 19 year old computer whizzes with Federal agents looking over their shoulders.

We have accepted that Child Pornography is a serious problem and a totally unacceptable and intolerable art form in this nation. Our laws are strong and our punishments severe. We pay experts and police significant amounts of money and provide them tremendous resources to catch and prosecute offenders. While I normally gag on the concept of politicians making their cases on the backs of children, the question of child pornography is sufficiently serious that the very real real threat to their safety must be challenged with great prejudice.

I disagree however that the answer to the question is County Legislator Tobak. In his world, government and moralists will be sniffing the internet for unacceptable material before you ever get a chance to see. It is a shame that Tobak would bring down upon this State and Country the same brutal regime and government controls that make Communist China what it is today. How long will it be before Tobak brings National Guard tanks into the streets of Nassau County to making his point by crushing opposition.

The internet is not the place to be putting restrictions. It is the one venue left in the world where true human expression and sharing of ideas can go on without worry of Big Brother or Chinese prison camps for doing nothing more than reading. Clearly, our police do a very good job at catching the criminals; online or off. I have no doubt they can continue doing their fine work without the assistance of Tobak, Google employees, or George Bush pre-approving content.

Child pornography is a horrible thing. Worse than that, however, would be government controls and oversight over the internet. The internet must remain neutral on all issues or it will be neutral on none.

After all, the internet is a vast wasteland of nothingness that exists nowhere but within the confines of your own imagination and fantasies.