How and Whom the Act Protects?
-- An Analysis on the Aim and Effects of CDAs --

Hideaki Shirata

This study analyzes the purpose and contents of the Communications Decency Act of 1996 and the Child On-line Protection Act of 1998, and assesses their effectiveness. It suggests that these two acts would not protect network users from inappropriate contents, while they have potential risks in infringing on the rights protected by the First Amendment. This study also traces back the socio-historical background of both acts, and points out that they contribute to the interests of the US government, by offering the government power to identify network users for law enforcement as well as eliminating their anonymity, rather than their nominal purpose, i.e., to protect the interests of the minors.