Web filtering bill resurfaces in AZ

[Joe Schallan]

Earlier this year I reported on an Arizona House Bill that
would have mandated web filtering by libraries.  It was
defeated in committee, due in no small part to the efforts
of the Arizona Library Association.

At the time, the AzLA legislative chair warned that as long
as the legislature was in session, no public-access work-
station was safe (from censorship, that is).  And, indeed,
the proposed law has risen from the grave as another bill.

Following are excerpts from the report posted today
by Chris Cole, Arizona Library Association Legislative
Chair.  For  those interested, the text of the proposed
law appears at the end.

>The web filtering bill was amended and passed the Senate
>Education Committee on Thursday  April 16, 1998 . . . .
>The bill passed the committee on a 4-3 vote.
[Note from Joe Schallan:  Along party lines -- the four in
favor were Republicans; the three opposed Democrats.]
>
>The bill will be considered next by the Senate Rules
>Committee sometime in the next two weeks.  The Rules
>Committee does not take public testimony.  If it passes
>Rules, the bill will then be debated by the Senate as a whole.
>
>It is quite clear that this bill has generated a number of letters,
>e-mails, and telephone calls.  Several of the Education
>Committee members commented on the calls they received.
>I believe that Sen. Hoopenthal's amendment was a result of
>issues identified by constituents in their e-mails and calls.
[The amendment exempts libraries from liability should the
filters fail. --J.S.]
>I will keep the list notified as the bill is scheduled for hearing. If
>you have an opinion on the bill, I suggest that you e-mail or call
>your state senator. You might also look at today's (4/20) Scottsdale
>Tribune;  their lead editorial was in opposition to HB2455.
>
>Chris Cole
>AzLA Legislative Chair
>
>==text, as amemded of HB2455==
>
>Forty-third Legislature  
>HB2455  BOMEX; investigation panels 
>(now: COMPUTER ACCESS; EXPLICIT SEXUAL MATERIALS)
>     
>AMENDING TITLE 34. ARIZONA REVISED STATUTES.
>BY ADDING CHAPTER 5; RELATING TO COMPUTER ACCESS
>TO SEXUAL MATERIALS.
>    
> Be it enacted by the Legislature of the State of Arizona:
>   Section 1.  Title 34, Arizona Revised Statutes, is amended by adding
> chapter 5, to read:
>
>        CHAPTER 5 
>      COMPUTER ACCESS 
>
>    ARTICLE 1.  ACCESS BY MINORS
>
>   34-501.  Definitions
>
> IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE
>REQUIRES:
>
> 1.  "EXPLICIT SEXUAL MATERIALS" HAS THE SAME MEANING
>AS PRESCRIBED IN SECTION 13-3507.
>
> 2.  "PUBLIC ACCESS COMPUTER" MEANS A COMPUTER THAT:
>   (a) IS LOCATED IN A SCHOOL OR PUBLIC LIBRARY.
>   (b)  IS FREQUENTLY OR REGULARLY USED DIRECTLY BY
>A MINOR.
>   (c)  IS CONNECTED TO ANY COMPUTER COMMUNICATION
>SYSTEM.
>
> 34-502.  Explicit sexual materials
>
> A.  A PUBLIC SCHOOL THAT PROVIDES A PUBLIC ACCESS
>COMPUTER SHALL EQUIP THE COMPUTER WITH
>COMMERCIALLY AVAILABLE SOFTWARE THAT WILL
>PREVENT MINORS FROM GAINING ACCESS TO EXPLICIT
>SEXUAL MATERIALS OR PURCHASE INTERNET 
>CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER
>THAT PROVIDES FILTER SERVICES TO LIMIT ACCESS TO
>EXPLICIT SEXUAL MATERIALS.
>
> B.  A PUBLIC LIBRARY THAT PROVIDES A PUBLIC ACCESS
>COMPUTER SHALL DO  ONE OR BOTH OF THE
>FOLLOWING:
>
> 1.  EQUIP THE COMPUTER WITH COMMERCIALLY
>AVAILABLE SOFTWARE THAT WILL LIMIT MINORS' ABILITY
>TO GAIN ACCESS TO EXPLICIT SEXUAL MATERIALS OR
>PURCHASE INTERNET CONNECTIVITY FROM AN INTERNET
>SERVICE PROVIDER THAT PROVIDES FILTER SERVICES
>TO LIMIT ACCESS TO EXPLICIT SEXUAL MATERIALS.
>
> 2.  DEVELOP AND IMPLEMENT BY JANUARY 1, 1999
>A POLICY THAT ESTABLISHES MEASURES TO RESTRICT
>MINORS FROM GAINING COMPUTER ACCESS TO
>EXPLICIT SEXUAL MATERIALS.
>
> C.  EFFECTIVE OVERSIGHT AND SUPERVISION OF
>PUBLIC ACCESS COMPUTERS PROVIDED BY A PUBLIC
>SCHOOL OR PUBLIC LIBRARY SATISFIES THE
>REQUIREMENTS OF SUBSCECTION A OR B.
>
> D.  A PUBLIC SCHOOL THAT COMPLIES WITH
>SUBSECTION A OR C,  A PUBLIC LIBRARY THAT
>COMPLIES WITH SUBSECTION B OR C, OR EMPLOYEES
>OR AGENTS OF PUBLIC SCHOOLS OR PUBLIC LIBRARIES
>ARE NOT LIABLE FOR ANY DAMAGES THAT MIGHT ARISE
>FROM A MINOR GAINING ACCESS TO EXPLICIT SEXUAL
>MATERIALS THROUGH THE USE OF A PUBLIC ACCESS
>COMPUTER THAT IS OWNED OR CONTROLLED BY THE
>PUBLIC SCHOOL OR PUBLIC LIBRARY.


[Apologies for all the caps -- that's the way it came off
the Arizona Legislature web site.  -- J.S.]


====================
Joe Schallan
jschall at glenpub.lib.az.us