AGENDA #2.4
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Library Internet Policy Revision
DATE: June 14, 2004
The purpose of this report is to recommend a policy regarding the library’s Internet access.
SUMMARY
On June 24, 2002, the Council adopted the Library’s Internet Safety Policy to “provide a safe environment for all library users” and “to maintain eligibility for federal funds related to Internet access”. The current policy provides unfiltered Internet access for adults and children. Unfiltered access means that patrons may have access to materials that is defined as illegal, specifically material that involves child pornography, obscenity, and materials that are harmful to minors.
Last year public libraries were informed that they must filter all Internet computers or lose eligibility for federal Internet-related funds. Compliance with this federal requirement is optional. The Council may choose to accept or not accept federal funds. If the Council chooses to remain eligible for these funds, it must hold a public meeting to receive citizen comment on a compliant policy, and adopt and implement the policy by July 1, 2004. If the Council chooses not to meet federal grant requirements, the Town will lose its eligibility for some Internet-related funds. Annually, we receive an average of $5,000 in applicable federal funds.
We have prepared three Internet policy options for Council consideration this evening:
The Manager recommends Option A. The Library Board recommends Option B (Attachment 5). The option recommended by the Manager had not been developed when the Library Board was considering this issue.
BACKGROUND
The Internet contains information that significantly enhances the Library’s resources. However, some sites on the Internet contain material that is not protected under the First Amendment of the U.S. Constitution. Examples of unprotected or illegal speech include child pornography, obscenity and materials that are harmful to minors (Attachment 6).
Filtering is a technical process by which the Library could attempt to prevent access to certain types of websites and materials that contain illegal materials. At present, we provide unfiltered access to the Internet. Patrons must indicate that they have read the Internet Safety Policy and agree to use the Internet in an appropriate and lawful manner before they are permitted to begin an Internet session. Over the past year, staff member have had to intervene with an average of one patron per week regarding inappropriate use of the Internet. With the recent increase from 9 to 22 computer lab stations, we anticipate that inappropriate use of Internet access will increase in the future.
The Children’s Internet Protection Act of 2000 requires public libraries to install filters on all Internet access computers in order to be eligible for some federal Internet-related grants and discounts. Filters are intended to block access to unprotected speech, specifically child pornography, obscenity and material that is harmful to minors. Although this filtering requirement was initially overturned in a case brought by the American Library Association, it was ultimately upheld by the Supreme Court in June 2003 (Attachment 7).
As a result of this decision, the Town’s Internet Use Policy is no longer compliant with the Children’s Internet Protection Act. If the Council wishes to continue to receive Internet-related funds, it must hold a public meeting to receive citizen input on a compliant policy, and adopt and implement that policy by July 1, 2004.
Compliance with the Children’s Internet Protection Act is optional. The Town may choose to accept or not accept the Internet-related discounts and grants. In either case, we believe that it is appropriate for the Council to receive citizen comments and to examine its policy this evening.
Annually we receive approximately $5,000 per year in Internet-related grants and discounts.
DISCUSSION
Below is a discussion of the advantages and disadvantages associated with three Internet service options offered for the Council’s consideration.
Option A: Offer Filters as an optional service. Option A would allow adults to choose either filtered or unfiltered access to the Internet at each session of use. Parents and legal guardians would have the choice of limiting their minor child to filtered-only Internet sessions or allowing unfiltered access. The parent’s request would be added to their child’s computerized record and implemented by the computer software each time the child began an Internet session.
Advantages
Option A offers adults a choice of filtered or unfiltered Internet access. The current service does not. We believe that some adults may prefer filtered Internet access to limit their exposure to inappropriate material and to reduce potentially embarrassing interactions with staff. Thanks to recently installed computer management software, patrons could now choose filtered or unfiltered access from a menu on their computer screen at the beginning of each Internet session.
The Library requires parents and legal guardians to be responsible for managing their child’s Internet use and for directly supervising their Internet use until the child is 12 years of age. Option A would give adults the opportunity to select the level of Internet access for their child when they cannot be present themselves to monitor Internet use.
Disadvantages
No filtering software is completely effective or efficient and filters sometimes will incorrectly target protected speech.
In addition to overblocking Internet information, filters may also underblock a site. This means that Internet users can still be exposed to illegal images and text.
Filtering software that is compatible with the library’s computer management system will cost approximately $3,000-$3,500 to purchase and $800 a year to maintain.
Because it does not require that children’s Internet access be filtered, Option A is not consistent with federal requirements for Internet-related funds.
Option B: Do not offer filters. Option B would provide only unfiltered Internet sessions. This is the current Internet Safety Policy.
Advantages
Current American Library Association’s Intellectual Freedom policies oppose anything that interferes with a patron’s free access to information. This includes filters. Not offering filtered access would provide a patron with easy access to all Internet content.
This option involves no new cost. Because no Internet sites would be blocked, users would not need to request that staff unblock incorrectly targeted sites.
Disadvantages
Users could not choose a filtered session for themselves or their children.
Eliminating filters that block illegal material increases the number of potentially embarrassing interactions between staff and patrons. Eliminating the standard of appropriateness set by the filter increases the amount of human subjectivity that is brought to a determination regarding appropriate Internet material.
Option B is not consistent with federal grant requirements.
Option C: Require filters for children. Option C would require filtering for all children’s Internet sessions. Adults could choose either filtered or unfiltered Internet sessions.
Advantages
Option C offers adults the option of filtered Internet content, something that is not currently available to them. As stated above, offering a choice of filtered access may reduce the number of patron encounters required of staff when a patron has accessed inappropriate materials.
The federal funding requirement for children’s Internet sessions to be filtered is intended to reduce children’s exposure to illegal materials on the Internet, specifically child pornography, obscenity and material that is harmful to minors. Filters would reduce the amount of inappropriate material a minor can view.
Option C is consistent with federal eligibility requirements to receive Internet-related grant funds.
Disadvantage
As stated above, filters can overblock protected speech materials. Because children may be unwilling or embarrassed to request that staff unblock an incorrectly blocked site, staff’s role could be viewed as an obstacle to an individual’s First Amendment rights.
Filtering software that is compatible with the library’s computer management system would cost $3,000-$3,500 to purchase and $800 a year to maintain.
RECOMMENDATIONS
Library Board: The Library Board voted at its meeting of May 17, 2004, to recommend that the Council retain the existing Internet Use Policy of unfiltered Internet access as in Resolution B. Please see Attachment 5 for a meeting summary. The Library Board did not have an opportunity to consider Option A, because it had not been developed at the time of their meeting.
Manager’s Preliminary Recommendation: We recommend that the Council adopt Resolution A to offer a choice of filtered or unfiltered Internet access to adults and to offer parents the option to choose filtered-only Internet access for their minor children. We believe that this same option would be of value to patrons.
ATTACHMENTS
RESOLUTION A
A RESOLUTION ADOPTING A REVISED INTERNET SAFETY POLICY TO OFFER ADULT LIBRARY PATRONS THE OPTION OF CHOOSING “FILTERED-ONLY” INTERNET ACCESS FOR THEMSELVES AND THEIR MINOR CHILD (2004-06-14/R-2a)
WHEREAS, the Town of Chapel Hill wishes to provide adults with options of filtered and unfiltered Library Internet access; and
WHEREAS, the Town of Chapel Hill supports a parent’s or legal guardian’s right to choose the appropriate level of Library Internet access for their child;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council adopts the attached Internet Safety Policy.
This the 14th day of June, 2004.
RESOLUTION B
A RESOLUTION ADOPTING A REVISED INTERNET SAFETY POLICY TO OFFER ALL CHAPEL HILL CITIZENS UNFILTERED LIBRARY INTERNET ACCESS ALL (2004-06-14/R-2b)
WHEREAS, the Chapel Hill Public Library Board has recommended that the Town continue its policy of providing unfiltered Internet access;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council adopts the attached Internet Safety Policy.
This the 14th day of June, 2004.
RESOLUTION C
A RESOLUTION ADOPTING A REVISED INTERNET SAFETY POLICY TO OFFER ADULT LIBRARY PATRONS THE OPTION OF FILTERED AND UNFILTERED INTERNET ACCESS AND TO REQUIRE CHILDREN TO HAVE FILTERED INTERNET ACCESS (2004-06-14/R-2c)
WHEREAS, the Town of Chapel Hill wishes to provide adults with options of filtered and unfiltered Library Internet access; and
WHEREAS, the Town of Chapel Hill deems it prudent to limit children’s use of the library’s Internet service to materials that are protected under the First Amendment by requiring filtered Internet session;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council adopts the attached Internet Safety Policy.
This the 14th day of June, 2004.
Option A: Issues related to changes from the current policy are noted in bold text below.
Internet Safety Policy
of the Chapel Hill Public Library
Background.
Public libraries in America provide free access to ideas and information provided in books and other formats and through the Internet. The Chapel Hill Public Library supports the constitutional right of all individuals, including children and teenagers, to use the library’s resources and services. Making available a wide range of viewpoints, opinions and ideas, the library celebrates and preserves our democratic society so that all individuals have the opportunity to become lifelong learners – informed, literate, educated and culturally enriched.
By providing information across the spectrum of human interests the library allows individuals to exercise their First Amendment rights. The Chapel Hill Public Library maintains a website and provides access to the Internet as one means of fulfilling its mission to provide:
Some resources and destinations on the Internet contain material that some customers will find personally offensive or inappropriate for children. The Chapel Hill Public Library does not endorse the viewpoints or vouch for the accuracy of information obtained through the Internet, nor can it be held responsible for its content.
Because material available on the Internet is not subject to the kind of selection exercised for the print and subscription database collections, this Internet Policy offers guidelines for use of the publicly available computers. Library Internet access will be used for educational, informational and recreational purposes; it will not be used for illegal or unethical purposes or to access illegal materials.
Each use of a public access computer in the Chapel Hill Public Library constitutes the customer’s acceptance of the library’s Internet Policy and rules of conduct.
Responsible Use of the Internet
Responsibility for determining the accuracy, currency, completeness, suitability and legal appropriateness of information obtained through the Internet rests with the library user. Parents and guardians have personal responsibility for their children’s appropriate use of the Internet.
Staff will assist customers with Internet use as time and public demand permits. However, the library cannot guarantee that Internet-trained staff will be available to assist users every hour that the library is open.
Internet services are to be used according to the library’s established policies and procedures including, but not limited to the following:
Safe Child Policy
http://townhall.townofchapelhill.org/library/policies/safe_child.htm
Behavior Policy
http://townhall.townofchapelhill.org/library/policies/behavior.htm
Rules of Conduct for Compute Use http://townhall.townofchapelhill.org/library/policies/rules_ conduct.htm
Right to Privacy
The same standards of privacy and confidentiality endorsed by the Chapel Hill Public Library for other resources and services also apply to electronic media, including use of the Internet. The library employs procedures to avoid collecting or maintaining records that could compromise the privacy of customers.
Customers should exercise caution when using the Internet to avoid unauthorized disclosure, use and dissemination of personal identification information. Parents should caution their minor children against sharing personal facts on the Internet.
Youth Access to the Internet
Parents or legal guardians are responsible for establishing guidelines for their child’s appropriate use of the Internet. Parents or other accompanying responsible individual should supervise and monitor a child’s use of the Internet. Children eleven years of age and younger must be directly supervised by a parent or responsible adult while using the Internet in the library.
Staff does not act in the place of a parent or legal guardian. Information is available on the library’s web site (http://townhall.townofchapelhill.org/library) to help parents and guardians talk with their children about online Internet safety.
Filters
The library offers both filtered and unfiltered Internet access for adults and children. Library filters are intended to block access to Internet material not protected under the Constitution.
All Internet stations default to unfiltered access. Parents may request “filtered only” access for their minor child.
No filtering software is completely effective or efficient. The library will override wrongly blocked sites that contain constitutionally protected material.
Response to Prohibited Content and Behaviors
Customers who encounter content or behavior that violates library policy may report it to staff. Customers or staff who encounter content or behavior that may be illegal may report it to law enforcement.
Staff has the authority to interrupt or end an Internet session and to suspend Internet or other library privileges when, in their judgment, a customer uses an Internet station in violation of Town policy and applicable laws. A customer may appeal this decision to the library director.
A customer whose Internet privileges have been suspended must speak with the director or assistant director about appropriate and responsible use before Internet use can be resumed.
Approval of Policy
The library director is responsible for interpreting, monitoring, and ensuring regular review of this policy by the Library Board.
Policy Option B: Option B is the current Internet policy.
Internet Safety Policy
of the Chapel Hill Public Library
Introduction
The Town of Chapel Hill and the Library Board of Trustees are committed to serving the information and lifelong learning needs of all of its citizens. As “a collection of information services available on the interconnected computer networks that span the globe,” the Internet contains information that significantly enhances the resources contained in the Library’s collection.
The Library’s Internet access is intended as an information resource. Patrons are expected to use this resource in an appropriate and lawful manner.
Content
The Internet allows users to connect to networks of resources outside the Library. Internet information may be reliable and current or it may be inaccurate, incomplete, inappropriate or illegal. The Library assumes no responsibility for the quality, accuracy, usefulness, or currency of any Internet resource.
Users should be aware that the Internet may contain material of a controversial nature. Each individual must accept personal responsibility for determining the suitability and appropriateness of information obtained through the Internet.
The Library does not select or edit Internet content.
Assistance
Staff will assist patrons with Internet use as time permits. However, the Library cannot guarantee that Internet-trained staff will be available to assist users at all times the Library is open.
To assist patrons in using the Internet, the Library also maintains a collection of current books and periodical articles about the Internet, including recommended web sites.
Youth Access to the Internet
Internet access may expose users to information that may not be suitable for minors. Parents or legal guardians are responsible for developing guidelines for their child’s appropriate use of the Internet. Parents or guardians are also responsible for supervising and monitoring their child’s use of the Internet. Children eleven years and younger must be directly supervised by a parent, legal guardian or teacher while using the Internet in the Library.
The Library will provide parents and guardians with information to assist them in developing a dialog with their child about on-line Internet safety. For more information on children and the Internet, see “A Safety Net for the Internet: A Parent’s Guide” and “Child Safety on the Information Highway,” found on the Library’s home page at Information on sites related to Internet safety and current lists of best web sites for children are available on the library’s website, located at http://www.townofchapelhill.org/library .
Staff does not act in the place of a parent or legal guardian to supervise or restrict materials a child or young adult may legally access on the Internet.
Use
Users are encouraged to take advantage of the Internet and to exercise good judgment and discretion when using it. The Library’s “Internet Use Rules of Conduct” identify behaviors which insure fair and reasonable use of Internet resources.
Users are expected to abide by the rules and procedures of the Library as well as remote systems accessed. Users are also expected to comply with all local, state and federal laws (including but not limited to those concerning fraud, privacy or obscenity) while using the Internet and Library equipment. Copyright and licensing agreements are to be respected.
Inappropriate Use
When a patron uses Internet stations in violation of Town policy and applicable laws, staff has the authority to end an Internet session or to suspend Internet or other library privileges. A patron whose Internet privileges have been suspended must speak with the Director or Assistant Director about appropriate and responsible use before Internet use can be resumed.
Use of computers in the Library is subject to Chapter 14, Article 60 of the NC General Statutes. These statutes establish as crimes certain acts involving computer fraud, abuse, alteration, tampering, etc. as punishable by fines, imprisonment or both. Patrons demonstrating unacceptable use that is illegal may be criminally prosecuted.
Security
Users should be aware that the Internet is not a secure medium. The Library cannot guarantee that patrons who use the Internet will have privacy in their communications and other Internet uses.
Ultimate responsibility for resolution of problems related to the invasion of the user’s privacy or loss of data rests with the user. The Library assumes no liability for loss or damage to the users’ data or for any damage or injury arising from invasion of the user’s privacy.
The user should be aware of computer viruses and other destructive computer programs, and take steps to avoid being a victim or unwitting distributor of such programs. Users should report computer viruses and other destructive computer programs to staff as soon as possible.
Chapel Hill Public Library Policies and Procedures
The Chapel Hill Public Library adheres to the principles expressed in the following documents of the American Library Association:
· Library Bill of Rights
· Free Access to Libraries for Minors
· Freedom to Read
· Freedom to View
Internet service is to be utilized according to the Library’s established policies and procedures, including, but not limited to the following:
· Mission Statement
· Safe Child Policy
· Behavior Policy
Copies of the documents mentioned above may be obtained through the Library’s Reference Desk. Policies are also available on the Library’s website.
Responsibility
The Library Director holds responsibility for interpreting, monitoring, and ensuring regular review of this policy by the Library Board.
The Library’s Division Heads hold responsibility for effectively communicating employee responsibilities regarding this policy.
Policy Option C: Issues related to changes of current policy are noted in bold text below.
Internet Safety Policy
of the Chapel Hill Public Library
Background.
Public libraries in America provide free access to ideas and information provided in books and other formats and through the Internet. The Chapel Hill Public Library supports the constitutional right of all individuals, including children and teenagers, to use the library’s resources and services. Making available a wide range of viewpoints, opinions and ideas, the library celebrates and preserves our democratic society so that all individuals have the opportunity to become lifelong learners – informed, literate, educated and culturally enriched.
By providing information across the spectrum of human interests the library allows individuals to exercise their First Amendment rights. The Chapel Hill Public Library maintains a website and provides access to the Internet as one means of fulfilling its mission to provide:
Some resources and destinations on the Internet contain material that some customers will find personally offensive or inappropriate for children. The Chapel Hill Public Library does not endorse the viewpoints or vouch for the accuracy of information obtained through the Internet, nor can it be held responsible for its content.
Because material available on the Internet is not subject to the kind of selection exercised for the print and subscription database collections, this Internet Policy offers guidelines for use of the publicly available computers. Library Internet access will be used for educational, informational and recreational purposes; it will not be used for illegal or unethical purposes or to access illegal materials.
Each use of a public access computer in the Chapel Hill Public Library constitutes the customer’s acceptance of the library’s Internet Policy and rules of conduct.
Responsible Use of the Internet
Responsibility for determining the accuracy, currency, completeness, suitability and legal appropriateness of information obtained through the Internet rests with the library user. Parents and guardians have personal responsibility for their children’s appropriate use of the Internet.
Staff will assist customers with Internet use as time and public demand permits. However, the library cannot guarantee that Internet-trained staff will be available to assist users every hour that the library is open.
Internet services are to be used according to the library’s established policies and procedures including, but not limited to the following:
Safe Child Policy
http://townhall.townofchapelhill.org/library/policies/safe_child.htm
Behavior Policy
http://townhall.townofchapelhill.org/library/policies/behavior.htm
Rules of Conduct for Compute Use http://townhall.townofchapelhill.org/library/policies/rules_ conduct.htm
Right to Privacy
The same standards of privacy and confidentiality endorsed by the Chapel Hill Public Library for other resources and services also apply to electronic media, including use of the Internet. The library employs procedures to avoid collecting or maintaining records that could compromise the privacy of customers.
Customers should exercise caution when using the Internet to avoid unauthorized disclosure, use and dissemination of personal identification information. Parents should caution their minor children against sharing personal facts on the Internet.
Youth Access to the Internet
Parents or legal guardians are responsible for establishing guidelines for their child’s appropriate use of the Internet. Parents or other accompanying responsible individual should supervise and monitor a child’s use of the Internet. Children eleven years of age and younger must be directly supervised by a parent or responsible adult while using the Internet in the library.
Staff does not act in the place of a parent or legal guardian. Information is available on the library’s web site (www.townofchapelhill.org/library) to help parents and guardians talk with their children about online Internet safety.
Filters
The library provides filtered and unfiltered sessions for adults. The library requires filtered Internet access for minors.
Library filters are intended to block access to Internet material not protected under the Constitution.
No filtering software is completely effective or efficient. The library will override wrongly blocked sites that contain constitutionally protected material.
Response to Prohibited Content and Behaviors
Customers who encounter content or behavior that violates library policy may report it to staff. Customers or staff who encounter content or behavior that may be illegal may report it to law enforcement.
Staff has the authority to interrupt or end an Internet session and to suspend Internet or other library privileges when, in their judgment, a customer uses an Internet station in violation of Town policy and applicable laws. A customer may appeal this decision to the library director.
A customer whose Internet privileges have been suspended must speak with the director or assistant director about appropriate and responsible use before Internet use can be resumed.
Approval of Policy
The library director is responsible for interpreting, monitoring, and ensuring regular review of this policy by the Library Board.