Sex Offender Ruling Shows Online Access Key to 1st Amendment Rights, Cox Says

The Supreme Court, in invalidating a law barring registered sex offenders from some social networking sites in its ruling earlier this month on Packingham v. North Carolina, was clear on the centrality of Internet access to protected First Amendment activity, Cox Communications said in a filing (in Pacer) Monday in the 4th U.S. Circuit Court of Appeals. Thus if cutting off some Internet access to convicted sex offenders is unconstitutional, so too is the lower court's reading of the Digital Millennium Copyright Act by requiring ISPs end all Internet access to people merely accused of copyright infringement, Cox said, calling Packingham "directly relevant" to determining appropriate circumstances for Cox terminating Internet access. The cable ISP is appealing a U.S. District Court ruling in BMG Rights Management's torrent piracy lawsuit (see 1608190030). BMG counsel didn't comment Tuesday.