Ariz. House considers filtering bill

[Joe Schallan]

Arizona House Bill 2456 had its first reading on 1/15/98.  The
intent of the proposed legislation appears to be to require
any public entity offering public-access computers to install
software to "prevent minors from gaining access to explicit
sexual materials."

The bill proposes to amend existing Arizona law by
extending a provision that forbids the "public display of explicit
sexual materials."

For those interested in the legal language, the text of the
existing "public display" statute, and the text of the proposed
legislation follows.

* * * * * * * *

Arizona Revised Statutes

13-3507.  Public display of explicit sexual materials;
classification; definitions

A.  It is unlawful for any person knowingly to place
explicit sexual material upon public display, or knowingly
to fail to take prompt action to remove such a display
from property in his possession or under his control
after learning of its existence.

B.  A person who violates any provision of this section
is guilty of a class 6 felony.

C.  For the purposes of this section:

1.  "Explicit sexual material" means any drawing, photograph,
film negative, motion picture, figure, object, novelty device,
recording, transcription or any book, leaflet, pamphlet,
magazine, booklet or other item, the cover or contents of
which depicts human genitalia or depicts or verbally describes
nudity, sexual activity, sexual conduct, sexual excitement or
sadomasochistic abuse in a way which is harmful to
minors.  Explicit sexual material does not include any
depiction or description which, taken in context, possesses
serious educational value for minors or which possesses
serious literary, artistic, political or scientific value.

2.  "Public display" means the placing of material on or in
a billboard, viewing screen, theater marquee, newsstand,
display rack, vending machine, window, showcase, display
case or similar place so that material within the definition
of paragraph 1 of this subsection is easily visible or
readily accessible from a public thoroughfare, from the
property of others, or in any place where minors are
invited as part of the general public.


* * * * * * * *

The text of the bill proposing a statutory requirement
to impose filtering software follows:


HB2456 - 432R - I Ver

Reference Title: public computers; children; access limitations

NEW LANGUAGE APPEARS LIKE THIS [CAPS]
Stricken language appears like this [italics]
Remaining language appears like this [plaintext]

AN ACT
AMENDING TITLE 34, ARIZONA REVISED STATUTES,
BY ADDING CHAPTER 5; RELATING TO PUBLIC ACCESS
COMPUTERS.

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 PUBLIC BUILDING.

(b) MAY BE USED DIRECTLY BY A MINOR.

(c) IS CONNECTED TO ANY COMPUTER COMMUNICATION
SYSTEM.

3. "PUBLIC ENTITY" MEANS THIS STATE OR ANY
POLITICAL SUBDIVISION OF THIS STATE.

34-502. Explicit sexual materials

A PUBLIC ENTITY THAT PROVIDES A PUBLIC ACCESS
COMPUTER SHALL EQUIP THE COMPUTER WITH
SOFTWARE THAT WILL PREVENT MINORS FROM
GAINING ACCESS TO EXPLICIT SEXUAL MATERIALS.

* * * * * * * *

AzLA to oppose bill

In its executive board meeting on January 23, the Arizona
Library Association voted to oppose the bill on three
grounds:  (1) technical unfeasibility (association felt
that language of 34-502 implies a promise of safety
that cannot be provided by filtering software and that
inappropriate blocking is a problem of existing
software), (2) usurpation of local control (association felt
that the filtering decision is best left to local entities),
and (3) restriction of right to read (association
unequivocally shares the ALA stance).

(Note that the above is an informal summary of the
association's discussions by the poster, who was in
attendance.  It is not the text of the association's
formal resolution.)

Hearings on the bill are scheduled for January 28 --
representatives of the Arizona Library Association will
be present to testify.


-- Joe Schallan
Glendale Public Library
Glendale, Arizona
jschall at glenpub.lib.az.us