We're not talking about a perfect filter. Just one hard enough where the vast majority of users won't be able to get to it. So what if someone with ingenuity and some external software can go to a porn site. So what if they can call their friend on a web-chat and send pictures to each other?
Furthermore, if you're really wanting a neat trick, just have a whitelist that includes port-numbers to restrict access. Sure you couldn't even send an instant message over it, but it would be free and safe.
Who are the most technologically adept users at circumventing whitelists/blacklists, port blocking, etc?
Kids. The very demographic the legislation is attempting to claim should be protected from porn.
Just look at the whole file-sharing fiasco. Trying to block ports of various file-sharing networks has been utterly fruitless, because kids are far more adaptable and responsive to technical barriers than the people putting up the barriers. This is why the MPAA/RIAA have been resorting to the seemingly outlandish tactics of legal intimidation and tort law.
That’s why the legislation is simply unrealistic. This would be an ISP with the same problems and issues of futility in dealing with porn, file-sharing, spam and so on as any other... but without any legal recourse.
Lawyers can spout “intent” until their gums bleed, but the technical facts can’t be avoided here, namely that this idea of a “free network” removes the ONE tool that ISP’s currently have to block offensive content, behavior, etc — the end user agreement.
From the legislation:
“`(ii) offer a data service that is faster than 200 kilobits per second one way (subject to subparagraph (G)) for free to consumers and authorized public safety users without subscription, airtime, usage, or other charges;”
If you’re sharing files, hacking on other people’s machines, introducing virus payload, etc - a subscription ISP can kick your butt off their network.
Here, there’s nothing but the wild, wild west of easy access for all manner of clandestine activity - most of it far worse than porn, and also blocked only by inspection.
It might be free, but there will be no safety, for any reasonable value of the word ‘safe’.