a result of the operation of the filtering software. These denial screens appear only at
the point that a user attempts to access a site or page in an enabled category.
All four of the filtering programs on which evidence was presented allow users to
customize the category lists that exist on their own PCs or servers by adding or removing
specific URLs. For example, if a public librarian charged with administering a library's
Internet terminals comes across a Web site that he or she finds objectionable that is not
blocked by the filtering program that his or her library is using, then the librarian may add
that URL to a category list that exists only on the library's network, and it would
thereafter be blocked under that category. Similarly, a customer may remove individual
URLs from category lists. Importantly, however, no one but the filtering companies has
access to the complete list of URLs in any category. The actual URLs or IP addresses of
the Web sites or pages contained in filtering software vendors' category lists are
considered to be proprietary information, and are unavailable for review by customers or
the general public, including the proprietors of Web sites that are blocked by filtering
software.
6
Filtering software companies do not generally notify the proprietors of Web sites
when they block their sites. The only way to discover which URLs are blocked and
which are not blocked by any particular filtering company is by testing individual URLs
6
Indeed, we granted leave for N2H2's counsel to intervene in order to object to
testimony that would potentially reveal N2H2's trade secrets, which he did on several
occasions.
55
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