When/if the Eighth Circuit Panel denies this request, the Supreme Court will certainly grant certiorari and resolve this honorably. Honorable Antonin Scalia does not believe the Eighth Circuit Panel will remain dishonorable and told me this when I met him on the day the FCC recognized wire communications using the IP protocol was always a Title II common carrier in Ft. Smith, Arkansas when he signed my Reading Law book.

I have very little faith in United States Courts given my long dishonorable history in the Eighth Circuit and even less faith in the NY Times reliance on surveys etc saying porn might not harm out children and saying this has not yet been found to be fact.

There is a clear simple common carrier usage requirement that makes sending any nakedness encoded in an unrated JPG file in interstate or world-wide commerce to the anonymous criminal ALREADY if “obscene, indecent, or profane”.
THIS HAS ALWAYS BEEN ILLEGAL!

http://TheEndofPornbyWire.org is the complaint that ends free online porn broadcasting and is pending to be ignored at the Eighth Circuit by Honorable James B. Loken, Lavenski R. Smith and William D. Benton or be ordered scheduled for en banc consideration. See it at the FCC after the FCC stripped all links out.
http://apps.fcc.gov/ecfs/document/view?id=60001041113

“Suffer the children.” Luke 18:16