U.S. domain name labeling law's constitutionality questioned

[Chris Chiu]

A recently published report suggests that a new United States law regarding labeling of domain names may violate the U.S. Constitution. Among other things, the measure makes it a crime to knowingly use "a misleading domain name ... with intent to deceive a minor into viewing material that is harmful to minors on the Internet." People could avoid criminal liability by using a "domain name that includes a word or words to indicate the sexual content of the site, such as 'sex' or 'porn.'" The report suggests that these standards might be unconstitutionally "vague. For example, would domain names that don't contain these words but that have other words that suggest their pornographic content be considered misleading?" The study also notes that, under the measure may also unconstitutionally compel speech by forcing "domain owners ... to incorporate certain words into their sites' domain names."

See
http://www.internetdemocracyproject.org/#highlights

Sincerely,
Christopher Chiu
Technology Policy Analyst
American Civil Liberties Union