AGENDA #4m
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Library’s Internet Safety Policy
DATE: June 24, 2002
The attached resolution would adopt the Library’s revised Internet Safety Policy.
BACKGROUND
Children’s Internet Protection Act Compliance: Under the rules of the new Children’s Internet Protection Act (CIPA), the Town must complete the following steps by June 30, 2002, in order to remain eligible for certain federal funds:
Affected grants include Universal Service (E-rate) discounts (Internet access, Internet service, basic telephone service) and Library Service and Technology Act grants (equipment, Internet access). The Library currently receives annual e-rate discounts for basic telephone service and periodic Library Service and Technology Act grants through a competitive application process.
The Children’s Internet Protection Act was signed into law on December 21, 2002 and went into effect on April 20, 2001. Since March 2001, staff and the Library Board have drafted several revisions to the current Internet policy. On June 17, 2002, the Library Board held a public forum to gain citizen comments on the proposed Internet Safety Policy (Attachment A). They recommend adoption of the proposed policy.
Recent Court Action: Originally, the Children’s Internet Protection Act required public libraries to install “technology protection measures” (i.e. filtering software) on public access machines. However, on May 31, 2002 a federal panel of three judges declared this requirement unconstitutional. The panel found that filters overblock access to appropriate information and underblock access to inappropriate information, and that the law required libraries to “violate the First Amendment rights of their patrons.”
PROCESS
Drafting of the proposed Internet Safety Policy (Attachment 1) began in the spring of 2001. Key dates in the policy development process include:
· On March 21, 2001, the Library Board reviewed staff’s proposed revisions to the Library’s Internet policy, including filtering requirements.
· On January 29, 2002, staff attended State Library-led workshops on compliance requirements and available filtering software.
· On May 21, 2002, the Library Board reviewed a revised draft of the Internet Safety Policy that omitted references to filtering requirements and recommended that the Town not install filtering software on its public access computers at this time.
· On May 31, 2002, a Federal Court ruled that requiring filters on public library computers is unconstitutional.
· The Library Board conducted a public forum on this subject on June 17, 2002.
· On June 18, 2002, the Library Board reviewed citizen comments from the public forum (Attachment C) and recommended that the Town Council adopt the proposed Internet Safety Policy.
PUBLIC FORUM
On June 17, 2002, the Library Board held a public forum on the proposed Internet Safety Policy. The forum was advertised in local newpapers and in the Library. Notices were placed at the Library’s Reference Desk and on the Town’s webpage, along with copies of the proposed policy.
The public forum was attended by four Library Board members, two staff and two citizens. Only one citizen spoke at the forum. All comments were in favor of the proposed policy and opposed to filtering of library Internet stations.
DISCUSSION
The State Library has advised us that our Internet Safety Policy must address the following five key issues to comply with the Children’s Internet Protection Act.
Compliance issue #1: Access by minors to “inappropriate matter” on the Internet.
Comment: The proposed Internet Safety Policy would:
Compliance issue #2: Safety and security of minors when using e-mail, chat rooms and other forms of direct electronic communication (including instant messaging).
Comment: The proposed Internet Safety Policy would:
· Require parents or legal guardians to be responsible for developing guidelines for their child’s appropriate use of all forms of direct electronic communication in the library.
· Identify recommended websites that help parents teach their child about appropriate and safe use of electronic resources.
Compliance issue #3: Unauthorized access, including hacking and other unlawful online activities by minors.
Comment: The proposed Internet Safety Policy would:
Compliance issue #4: Unauthorized disclosure, use and dissemination of personal identification information of minors.
Comment: The proposed Internet Safety Policy would:
Compliance issue #5: Measures designed to restrict minor’s access to harmful material.
Comment: The new law states that the local library or its governing body shall determine what matter is “inappropriate.” Building on this, the proposed Internet Safety Policy would:
CONCLUSION
We believe that the Internet Safety Policy clearly states the Town’s intent that the Library provide a safe environment for all users. We also believe that it also addresses the five key issues required by the Children’s Internet Protection Act.
Parents and legal guardians are responsible for supervising and monitoring their child’s use of the Internet. The Library is responsible for assisting adults in developing a dialog of safe and responsible use of electronic resources.
We recommend adoption of the proposed Internet Safety Policy. We will continue to monitor and report to the Council any changes in the Children’s Internet Protection Act.
RECOMMENDATIONS
Library Board’s Recommendation: That the Town Council adopt the proposed Internet Safety Policy.
Manager’s Recommendation: That the Town Council adopt the proposed Internet Safety Policy.
ATTACHMENTS
1. Proposed Internet Safety Policy (p. 6).
2. Rules of Conduct (p. 9).
3. Library Board recommendation (p. 10).
A RESOLUTION ADOPTING THE REVISED INTERNET SAFETY POLICY TO COMPLY WITH THE CHILDREN’S INTERNET PROTECTION ACT (2002-06-24/R-11)
WHEREAS, the Children’s Internet Protection Act was signed into law on December 21, 2000; and
WHEREAS, the Town of Chapel Hill wishes to provide a safe environment for all library users, including users of electronic resources; and
WHEREAS, the Children’s Internet Protection Act is tied to federal funding and discounts for Internet computers and access; and
WHEREAS, the Town wishes to maintain eligibility for these federal funds; and
WHEREAS, the Children’s Internet Protection Act requires public libraries to adopt internet safety policies; and
WHEREAS, the Chapel Hill Public Library Board has reviewed the proposed Internet Safety Policy and recommended its adoption;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Internet Safety Policy as presented to the Council on June 24, 2002.
This the 24th day of June, 2002.
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 11 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 http://townhall.townofchapelhill.org/libary .
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.
Internet Use
Rules of Conduct
1. Computers are to be used in a courteous, appropriate and lawful manner.
2. Computers are provided primarily for educational and informational purposes.
3. Use by children 11 years and younger must be directly supervised by a parent, legal guardian or authorized teacher.
4. Through signature on the sign-up sheet, the user agrees to follow the Library’s Internet Policy each time access is granted.
5. Total computer time is limited to one to two hours daily, depending on user demand. Time may be further limited if others are waiting.
6. When a computer is to be shared, all users must agree to comply with the Internet Policy.
7. Individuals are expected to use caution when using electronic mail, chat rooms, and other forms of direct electronic communication to avoid exposure to potentially dangerous situations.
8. Minors should not disclose personal information, such as name, school, address, and telephone number to strangers on the Internet.
9. Minors should never arrange a face-to-face meeting with someone via the Internet without their parents’ or guardians’ approval.
10. All users are encouraged to notify staff of any online communication or Internet site that makes them uncomfortable.
11. Minors are strongly encouraged to not respond to any online communication or Internet site that makes them uncomfortable and to notify their parent or guardian and library staff as soon as possible.
12. All users are to respect the privacy of others.
13. No user may send, receive or display obscene or disruptive messages, files or images.
14. Users may not misrepresent themselves by access code, password or signature.
15. Users may not alter or attempt to alter hardware or software.
16. Individuals may not make copies of copyrighted or licensed software or data unless such use is authorized.