The Child Online Protection Act (COPA) originated in the 105th Congress as S. 1482, which was introduced by Senator Coats, and as H.R. 3783, sponsored by Representation Oxley. Although both used the "harmful to minors" standard, the original Coats and Oxley bills had several differences in definitions and scope that are outlined in this side-by-side comparison chart. The final version of the bill more closely resembled the Coats bill. The final text of COPA is available.
CDT and other civil liberties groups opposed both bills because they posed significant constitutional concerns. On September 11, 1998, Jerry Berman testified before the House Subcommittee on Telecommunications, Trade and Consumer Protection that bills "repeat the mistakes of the CDA. They fail to take into account the special aspects of this potentially powerful medium. They are ineffective, unconstitutional, or unnecessary." When the subcommittee voted to approve a substitute amendment that left the censorship provisions intact, CDT issued a statement and constitutional analysis of the bill. In criticizing the bill's impact on free expression, CDT Director Jerry Berman said, "Despite the last minute changes, the bill remains an unnecessary, ineffective and unconstitutional effort to censor the Internet. In fact, some of the changes may have made it more unconstitutional, which only proves our point that it is wrong to legislate in this rushed manner, without examining the alternatives."
Despite the best efforts of Internet activists and the criticisms of civil libertarians, the Child Online Protection Act (COPA) was passed as an amendment to the Internet Tax Freedom Act (S. 442), an omnibus appropriations bill. Other amendments included provisions for digital signatures, children's privacy, and the Dodd amendment that required ISPs to provide customers with filtering tools.