1. CHILDREN’S INTERNET PROTECTION ACT (CIPA) INTERNET SAFETY: Policy and Politics Washington State Library March 25, 2004

2. INTERNET SAFETY POLICY

3. Neighborhood Children’s Internet Protection Act (NCIPA) Part of the original CIPA legislation that wasn’t repealed (has been in effect throughout) Now part of the new CIPA law Requires the development of an Internet Safety Policy the law requires that certain elements be addressed

4. Required Elements * 1. Access by minors to inappropriate matter on the Internet and World Wide Web 2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications 3. Unauthorized access, including so-called "hacking," and other unlawful activities by minors online 4. Unauthorized disclosure, use, and dissemination of personal information regarding minors 5. Measures designed to restrict minors' access to materials harmful to minors * from USAC [Erate] web site

5. 1. Access by minors to inappropriate matter on the Internet and World Wide Web “The Internet … Currently, however, it is an unregulated medium. As such, while it offers access to a wealth of material that is personally, professionally, and culturally enriching to individuals of all ages, it also enables access to some material that may be offensive, disturbing and/or illegal, inaccurate or incomplete. Users are encouraged to be good information consumers by evaluating the validity of information accessed via the Internet.” Multnomah County Library System

6. 2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications “The District will make parents and guardians aware that it cannot assure their children's safety and security when they use electronic mail, chat rooms, and other forms of direct electronic communication” Spokane County Library District

7. 3. Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online “cannot protect against their children's unauthorized access, including "hacking," and other unlawful online activities” Spokane County Library District

8. 4. Unauthorized disclosure, use, and dissemination of personal information regarding minors “and cannot protect against unauthorized disclosure, use, and dissemination of personal identification information regarding their children if their children provide it while using the Internet.” Spokane County Library District

9. 5. Measures designed to restrict minors' access to materials harmful to minors “The Library either by itself or in combination with its Internet access provider will install filtering software or other technologies on all library computers with Internet access, and will enforce the operation of same during any use of those computers to prevent minors from accessing visual depictions that are (1) obscene, (2) child pornography, or (3) harmful to minors.” Anchorage Municipal Library

10. Adopting Your Internet Safety Policy Public meeting (required) The Internet Safety Policy should be adopted in a pre- announced public meeting. This could be at a regularly scheduled library board meeting, at which the policy adoption is listed in a pre- released agenda

11. Other Policy Element Options Compliance with CIPA “It is the District's policy to comply with the requirements of the Children's Internet Protection Act (CIPA) and the June 23, 2003 United States Supreme Court decision relating thereto.” Spokane County Library District

12. Other Policy Element Options Purpose of filtering “The Library either by itself or in combination with its Internet access provider will install filtering software or other technologies on all library computers with Internet access, and will enforce the operation of same during any use of those computers to prevent minors from accessing visual depictions that are (1) obscene, (2) child pornography, or (3) harmful to minors.” Anchorage Municipal Library

13. Other Policy Element Options Effectiveness of Filters “… the District understands that the required technology protection measures may not be fully effective in blocking intended sites and may inadvertently block unintended sites.” Spokane County Library District

14. Other Policy Element Options Effectiveness of Filters “Because no filtering software employed as a technology protection measure can evaluate and block images, the least restrictive software blocking categories that by their definitions appear to include prohibited visual depictions will be used.” Spokane County Library District

15. Other Policy Element Options Effectiveness of Filters “Filtering software is not foolproof. It diminishes the likelihood that searchers will inadvertently retrieve text or images that they may find offensive, but does not eliminate that possibility. Filters often block access to Sites that users would consider both inoffensive and useful.” Anchorage Municipal Library

16. Other Policy Element Options Conditions under which filters can be disabled and for whom “For customers 17 and older, the District will provide a method to allow the disabling of the technology protection measures, without staff intervention, at the beginning of each Internet session.” Spokane County Library District

17. Other Policy Element Options Conditions under which filters can be disabled and for whom “To assure that customers of all ages are able to access Internet sites that have been mistakenly blocked, the District will provide a method by which they can request that such sites be unblocked and will unblock such sites in a timely manner.” Spokane County Library District

18. Other Policy Element Options Conditions under which filters can be disabled and for whom “…CIPA requires that everyone age 16 and under use the technology protection measures; parents may not authorize that they be disabled for their children.” Spokane County Library District

19. Other Policy Element Options Parental Responsibilities “Parents and guardians have a right and responsibility to use personal supervision and/or the technological means provided by the District to: a. Limit their children's access to inappropriate matter on the Internet and the Web; b. Assure their children's safety and security when using electronic mail, chat rooms, and other forms of direct electronic communication”

20. Other Policy Element Options Parental Responsibilities c. Protect against unauthorized access, including "hacking," and other unlawful online activities by their children; d. Protect against unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and e. Restrict their children's access to materials harmful to minors...” Spokane County Library District

21. Other Policy Element Options Parental Responsibilities “The library upholds and affirms the right of each individual to have access to constitutionally protected material. The library also affirms the right and responsibility of parents to determine and monitor their own children's use of library materials and resources.” Multnomah County Library

22. Other Policy Element Options Parental Responsibilities “As with all Library resources, the Library affirms the right and responsibility of parents/guardians, not Library staff to determine and monitor their minor children's use of the Internet. Parents are responsible for their minor children's use of the Library's resources and facilities. Parents who believe that their children cannot responsibly use the Library's Internet access are requested to monitor their children's Internet use.” Anchorage Municipal Library

23. Other Policy Element Options Parental Help “Library staff is available to provide assistance and to help identify appropriate sites. The KidsPage, Outernet, Homework Center and Electronic Resources have been provided to assist users in finding age- and topic- appropriate sites. Parents and children are encouraged to read the pamphlet, "Child Safety on the Information Highway," available free from any library location”KidsPageOuternet Homework CenterElectronic Resources Multnomah County Library

24. Other Policy Element Options Conditions and Terms of Use in the Library 1. Reserving Internet workstations 2. Time limits 3. Misuse of computers and consequences Loss of computer privileges Loss of library privileges Prosecution using the computer for illegal activities hacking into the library computer system or any other computer system

25. Other Policy Element Options Conditions and Terms of Use in the Library 3.Misuse of computers and consequences (continued) damaging or attempting to damage computer equipment or software interfering with systems operations, integrity or security gaining unauthorized access to another person's files sending harassing messages to other computer users altering or attempting to alter the library computer's settings violating copyright laws and software licensing agreements.” Multnomah County Library 4. Respecting privacy of others

26. Other Policy Element Options Consequences of not Complying with Policy “Violation of this policy may be cause for a temporary or permanent prohibition from future use of library equipment or facilities, consistent with the Customer Conduct Policy.” Spokane County Library District

27. Other Policy Element Options Consequences of not Complying with Policy “All existing Municipality of Anchorage, State of Alaska, and U. S. laws, and Municipal and Library policies apply to users of library computer resources. Violation or attempted violation of any laws, regulations or policies or library system security may result in loss of library privileges and possible civil or criminal penalties.” Anchorage Municipal Library

28. Other Policy Element Options Consequences of not Complying with Policy “The user's access to the Library's computer network and Internet is a privilege not a right… Failure to comply with this policy and its procedures will result in the forfeiture of the user's right to access these computers.” Anchorage Municipal Library

29. Other Policy Element Options The policy should apply to both minors and adults The policy should specify use of an Internet Protection Measure to, at a minimum, block access to material that is: Obscene Child pornography Harmful to minors

30. INTERNAL POLICY

31. Recommended Elements Who has the authority to turn off the filters? Authority is typically established by the Board of Trustees working with the Library Director or Management Staff The BOT/Director can delegate authority to turn off filters or unblock sites to staff Supervisors Frontline workers

32. Recommended Elements Who will turn off the filters or unblock sites for patrons? Create procedures that allow for quick response with the least inconvenience or embarrassment for the customer Passive solutions, e.g. customer manages filter without intervention of library staff Front desk personnel manage filters, not supervisors

33. Recommended Elements What is the procedure for disabling filters? How is the request made? Electronically? In-person? Self managed at the workstation?

34. Recommended Elements Who has the authority to turn off the filters? Who will turn off the filters or unblock sites for staff? Determine if staff need filtered or unfiltered access to the Internet on their workstations Create procedures that allow staff to manage the filters

35. Recommended Elements The Internet Safety Policy should address the role of staff in enforcing the policy. CIPA requires school library staff to monitor Internet use That requirement is not imposed on public libraries

36. INTERNET POLITICAL ISSUES

37. Political Impact: Agree or Disagree? Many Boards of Trustees are basing decisions about filtering on the political impact of the action or in-action Political impact on future success in raising levy lids and/or passing bond elections

38. Political Impact: Agree or Disagree? What is the expectation of the community? Does CIPA give pro-filtering constituents sufficient leverage to demand Internet filters on all library workstations? Will meeting the community’s expectation require full CIPA compliance? Will the community expect the library to become “CIPA-like” regardless of whether the library is required to become CIPA compliant?

39. Political Impact: Agree or Disagree? CIPA has been ruled constitutional by the Supreme Court (under certain circumstances) There are some legislators who want all library computers filtered Do they now have sufficient leverage to make this happen?

40. Political Impact: Legislative Action Washington 2004 Legislature: HB 2747 Providing internet filtering software in libraries. The governing board must adopt policies intended to reduce the ability of the user to access web sites displaying erotic or sexually explicit information or material as defined in chapter 9.68 RCW. Establishes a pilot program to assess the feasibility of installing internet filtering software in libraries or institutions subject to this act, if funding is available. Died in Technology, Telecommunications & Energy Committee

41. Political Impact: Legislative Action Washington 2004 Legislature: SB 5242 Requiring libraries to offer filtering software for minor access to the internet. Requires libraries to offer filtering software for minor access to the internet. Introduced by resolution Died in Senate

42. Political Impact: Legislative Action Utah 2004 Legislature: HB 341 Children’s Internet Protection Act - passed This bill prohibits a public library from receiving state funds unless the library implements and enforces filtering images Allows public libraries to block material not specified in the bill Allows public libraries to disable filters under certain circumstances

43. Brought to You By This presentation is funded in part by the federal Library Service and Technology Act (LSTA) provided through the Institute of Museum and Library Services and administered by the Washington State Library.

44. Rand Simmons Washington State Library (360) 570-5585 rsimmons@secstate.wa.gov Tamara Georgick Washington State Library (360) 570-5579 tgeorgick@secstate.wa.gov