[WEB4LIB] Re: Public Browser and CIPA?

[Andrew Mutch]

Dan,

All of your points are valid. However, I don't think libraries should ignore the
legal implications of using filtering technology on Internet computers. If there is
a legal challenge to a library filtering policy, a library that is following the
CIPA statute can at least point to that as a legal basis for their filtering.
However, if they filter beyond that line, what legal basis are they relying on in
that case? You're right, there are groups who want to block Harry Potter. But
legally speaking, no lawsuit has ever forced a library to filter content. On the
flip side, at least one library has been has been successfully sued over the use of
filters in their library. Those who sued Loudoun County Public Library were awarded
$106,918 in attorney fees. I'm going to guess that the library spent as much on its
own legal fees.  That's a pretty expensive lesson to learn for crossing that line.

Andrew Mutch
Library Systems Technician
Waterford Township Public Library
Waterford, MI

[Who is not a lawyer and has never played one on TV either!]

Dan Lester wrote:

> Wednesday, April 03, 2002, 4:49:59 PM, you wrote:
> AIM> CIPA requires that you block pornographic images, not pornography in
> AIM> general. I know, it makes no sense, that's what you get from politicians.
>
> However, it doesn't forbid you choosing, by policy, to block porn text
> as well.  Many libraries choose to block both.  (I don't personally
> support blocking content of any sort, but I'm also not the Director of
> the East Bible Belt Public Library District, either.)
>
> AIM> That means that you need a browser that supports image blocking first.
> AIM> Actually, it has occured to me that the best CIPA compliant browser would
> AIM> be LYNX.
>
> True.  But, again, if you block "all" porn, you're also blocking the
> images.
>
> AIM> In regards to a "blacklist", CIPA spells out the material that is required
> AIM> to be blocked. As these are legal definitions, they raise the possibility
> AIM> that a legal challenge could be raised if the blacklist is overly broad.
>
> True.  But an awful lot of libraries are getting the pressure from the
> other side, the side that wants anything from Harry Potter to Judy
> Blume to hardcore sex with animals blocked.
>
> AIM> Also, remember that CIPA does not authorize blocking pornographic "text"
> AIM> so a blacklist that does block text could cause problems. CIPA also does
> AIM> not make a distinction between public and staff computers so add that into
> AIM> your deliberation.
>
> CIPA doesn't have to "authorize" blocking anything you want, nor does
> it forbid it.  In other words, CIPA gives a description of the minimum
> you must block, but there is no maximum.
>
> cheers
>
> dan
>
> --
> Dan Lester, Data Wrangler  dan at RiverOfData.com 208-283-7711
> 3577 East Pecan, Boise, Idaho  83716-7115 USA
> www.riverofdata.com  www.gailndan.com  Stop Global Whining!