1	Updating Your Public Library’s Internet and Computer Use Policy February 27, March 1, March 6 and March 8, 2007 Time: 3:00 – 5:00 p.m. Wellington, Kingman, Augusta and SCKLS Paul Hawkins, SCKLS Director Larry Papenfuss, SCKLS Automation-Technology Coordinator
2	Assessing Your Current Internet and Computer Use Policy Review your policy Internet Use Questions 20 minutes Discussion
3	SCKLS Model Internet and Computer Use Policy See SCKLS Model Internet and Computer Use Policy Handout
4	Miller v. California 413 U.S. 15 (1973) In the 1973 case of Miller v. California, the U.S. Supreme Court declared that "obscenity" is not protected by the Constitution and may be made illegal by the states or federal government if it meets three tests: 1.The average person, applying contemporary community standards finds the material as a whole is directed toward an unhealthy, abnormal, obsessive, morbid or shameful interest in sex; and 2.The material depicts sexual conduct in a patently offensive manner substantially throughout the material. 3.The material, as a whole, lacks serious literary, artistic, political, or scientific value.
5	Definition of Minor Federal Definition “the term ‘minor’ means an individual who has not attained the age of 17.” Kansas Definition “all persons to the age of 18 years, except… 16 who is/has been married”
6	Federal Laws Federal Internet Related Laws CIPA, NCIPA, COPA, Protection Act of 2003, Protection of Children From Sexual Predators Act of 1998 Title 18 U.S.C. Section 1460 et seq obscene
7	Federal Laws Title 18 U.S.C. Section 2246 sexual act/contact Communications Act of 1934 Section 254(h)(5) – Section 1721 CIPA harmful to minors Title 18 U.S.C. Section 2256 child pornography
8	To Filter or Not to Filter The only time you are required to filter is if your library receives funding from: E-rate (unless it’s only for phone service) LSTA Technology Grant Title III Funds (Schools) Elementary & Secondary Ed Act)
9	To Filter or Not to Filter KANGUARD: Kansas State Library funded Internet filter for Kansas Public Libraries “An administrator, supervisor or other authority may disable filtering or blocking technology to “enable access for bona fide research or other lawful purposes.” http://sckls.info/cipa http://skyways.lib.ks.us/KSL/libtech/cipa http://www.ala.org/cipa http://skyways.lib.ks.us/KSL/libtech/kanguard
10	NCIPA – E-Rate Adopt and implement an Internet safety policy which addresses: (NCIPA) Access by minors to inappropriate matter on the Internet or WWW the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications unauthorized access, including so-called "hacking," and other unlawful activities by minors online unauthorized disclosure, use, and dissemination of personal identification information regarding minors measures designed to restrict minors' access to materials harmful to minors.
11	Internet Access by Minors What you have to do Minor – as per CIPA = under 17 Block access to visual depictions that are: Obscene as per 18 U.S.C. 1460 et seq. Child Pornography as per 18 U.S.C. 2256 “harmful to minors”
12	Internet Access by Adults What you have to do Block access to visual depictions that are: Obscene as per 18 U.S.C. 1460 et seq. Child Pornography as per 18 U.S.C. 2256
13	State Laws Kansas Statutes Promoting obscenity and Obscenity to Minors Kansas SB 21-3516 Sexual Exploitation of a child Kansas SB 21-4301 SB 21-4301A SB 21-4301B Criminal Trespass & Wireless Kansas SB 21-3721
14	Patron Confidentiality ALA Statement of Professional Ethics Kansas Open Records Act 45-221 (a) (23) Confidentiality Must Be In Library Policy
15	K.S.A. 45-201 Kansas Open Records Act Defines the records which are not required to be disclosed at the request of citizens or public officials. Records which are not within the specific definitions are “open records” and are available for public examination.
16	Records NOT required to be disclosed Exception 23—Patron registration records and circulation or loan records which pertain to identifiable individuals. Attorney General Opinion 95-64 outlines that open records accessed through electronic means require the same written policies as any other.
17	Sample Policies Kan-safe http://kan-safe.info/ ALA http://www.ala.org (Issues, Tech, Internet Safety) ALA http://www.ala.org/greatsites Librarians Guide to Great Web Sites for Kids NetSmartz - http://www.netsmartz.org
18	Hot Topics but Local Decisions Filtering (exceptions; e-rate, LSTA) Chat Rooms Gaming Social Networking Gambling Copyright
19	Hot Topics but Local Decisions Hacking / Unauthorized access Harassing / Cyber Bullying Tampering / Damaging library equipment Tampering / Damaging library software Printing (cost recovery) Law Enforcement
20	Hot Topics but Local Decisions Time Limits Age Limits (restrictions) Sign-up Sheets Anti-virus Software External Media (jump drives/CD/DVD/Floppy/etc)
21	Hot Topics but Local Decisions Multiple people per station Headphones / Music Cell phones Wireless access on a personal laptop via library provided connection Wireless access via non-library connections (?? Criminal Trespass ??)
22	Conclusion With the exception of State and Federal Laws, what your policy includes are primarily local decisions. QUESTIONS