And with no clear defense that actually works, he argued, there will be a huge chilling effect as people purge their servers. Boe continually hammered home the point that tagging pages today does nothing. The number of items for which the government would prosecute which would cause a constitutional challenge is small. He argued that the context of these items is important. He also addressed Boe's assertion that the government did not have a compelling interest, saying that these indecent materials are easily accessible.
Children can get it.
They can be surprised by it. Cabranes was intent on having terms defined. He then touched upon the fact that pejoratively labelling one's speech may not even be constitutional, reiterated that tagging systems do not even work today, and concluded that there is no way for an average user to avoid prosecution. Then there are no real defenses provided. Hoffman added something about limited membership email lists, obliquely conceding the point.