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Viewer discretion ratings for Web Sites may be on horizon

By Eric J. Sinrod
March 30, 2005
USAToday.com

Viewer discretion ratings for Web Sites may be on horizon

By Eric J. Sinrod
March 30, 2005
USAToday.com

Read below

As we all know, motion pictures have viewer content ratings anywhere from G for general audience viewing, all the way to X for explicit sexual and graphic violent material meant only for adults.

With the Janet Jackson breast fiasco at the Super Bowl in 2004, some live television broadcasts are delayed briefly to allow for censorship of unexpected words or actions.

And for some time, there has been a push to label music recordings so that purchasers and listeners have a sense in advance as to whether the lyrics are obscene, violent or otherwise prejudicial.

Senator Ted Stevens, the Chairman of the Senate Commerce Committee, hints Internet decency regulations potentially could be added to legislation that has been directed to increase fines for inappropriate radio and television broadcasts.

"We ought to find some way to say, here is a block of channels, whether it's delivered by broadband, VoIP (Voice over Internet Protocol), by whatever it is, to a home, that is clear of the stuff you don't want your children to see," Stevens said.

The Senator did not explain at the time in what way broadband or VoIP decency regulation would or could be implemented. He did say, however, that indecency rules should be used for cable and satellite and that "we're looking to create tiers, or create a system like the movie business. .. to let us develop a ratings system."

The Supreme Court several years ago rejected parts of the Communications Decency Act that punished "patently offensive" material with significant fines and possible jail time. But the Supreme Court has not ruled on the constitutionality of a law that would force particular Web sites to rate, for example, sexually explicit content.

Some feel that Stevens should tackle the issue of Internet decency in a separate bill, and not as the tail wagging the dog on a bill that deals with fines for radio and television broadcasters. Others believe that Stevens is taking the right approach because he appears concerned about the increase of movies and television programs offered for downloading through the Internet and outside of oversight by the Federal Communications Commission.

Either way, we likely have not heard the last about the concept of a ratings system for Web sites when it comes to differing levels of perceived decency. Arguments will run both ways.

Certain factions will complain about "taste police" and also will be worried about how their Web sites are branded. Others will see little harm in placing ratings on Web sites so that users will know what to expect before drilling down into a given site.

Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at . To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to .

Reprinted here with permission from USAToday.com.