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During the last few days of the 2000 legislative session, the PA house of Representatives passed HB2324, the Child Internet Protection Act, and sent it to the Senate for consideration and vote. Time ran out before any action could be take on the bill. As a result, HB2324 and all other pieces of legislation not passed before the sine die adjournment of the General Assemblly, are dead. However, any bill can be reintroduced in a new bill during the next legislative session. The authors of the internet filtering bill intend to do so.
Since the topic of how libraries should handle internet access for children continues to be one of great interest for most library advocates,and ,since the Board of PA Citizens for Better Libraries supports local control of the establishnment of internet policies, we would like to share with you some information prepared by the PA Library Association about this matter during the past legislative session.
Some Background on H.B. 2324
H.B. 2324 begins with a noble premise--protecting children from viewing bad stuff on the Internet. It’s a problem that Pennsylvania’s libraries already work on in a very serious and disciplined way through locally developed Internet policies, teaching and training, recommending good places to see on the Internet, monitoring computer use, and, yes, in many instances some versions of filtering or blocking technologies. What ALL of these policies have IN COMMON is that they were developed LOCALLY by LOCAL CITIZEN VOLUNTEERS serving on LOCAL LIBRARY BOARDS whose singular goal is to make their local library the very best it can be by meeting the needs of their hometown community.
Proponents of H.B. 2324 will tell you that they’re only trying to protect children and no one doubts their sincerity. Unfortunately, the language in this bill misses the target and instead triggers a dramatic shift AWAY from local library board policy-making in favor of a one-size-fits-all, state-selected filtering mandate. The end result is much less responsibility for local library trustees who, ironically, are the parents and grandparents of the very children this bill attempts to protect. Wouldn’t it be better to trust these parents and grandparents, volunteering in hundreds of communities across Pennsylvania, to develop library policies best suited for their own children, grandchildren, and community?
But instead, H.B. 2324 calls for Pennsylvania’s Secretary of Education, in consultation with the state Attorney General, to review the capacity of software programs and on-line servers to block access to materials on the Internet, the character of which is reasonably believed to be obscene, child pornography, or harmful to minors. After this review, and annually thereafter, the Secretary will publish a list of software and on-line servers that can meet the blocking goal outlined above. Public libraries would then be mandated to use one of these state-approved technologies.
In addition, if any library user complains that he or she was prevented from viewing permissable materials by the blocking placed on the library’s computers, public libraries would be forced into a drop-everything, fast-track review process followed by a fast-track appeal process in the court of common pleas during which time the burden of proof would be borne by the public library.
Furthermore, public libraries must send to the Secretary of Education copies of their acceptable use policy after it is revised to meet the requirements of H.B. 2324. The Secretary of Education is required to review and approve all public library acceptable use policies, and any revisions that would follow. If a local library fails to submit an acceptable use policy, or sends it in late, or fails to enforce their policy, or violates any other provision of the bill, the Secretary of Education shall withhold state funding.
There are yet other new state requirements included in the bill, but you get the picture. The full text of H.B. 2324 can be viewed at:
http://www.legis.state.pa.us/WU01/LI/BI/BT/1999/0/HB2324P3067.HTM
Talking Points:
o The Internet is a valuable, ever-changing information and learning tool that must be available to all public library users.
o By Pennsylvania law, every public library has adopted an Internet policy spelling out acceptable use of library computers. Currently, some Pennsylvania libraries filter all Internet access, some libraries filter some areas of the library, and some libraries choose unfiltered access.
o While parents must decide how their children use the Internet, librarians take very seriously their responsibility to teach parents and children how to locate safe, fun, and educational sites on the Internet.
o The Pennsylvania Library Association believes strongly that library policies‹including access to the Internet‹should remain a local responsibility determined by library board trustees, librarians, and local library users. Local funding still provides more than 70 cents out of every $1 for public libraries, even considering the last two years of increased state funding.
o H.B. 2324 takes away from local library boards the responsibility to decide what library Internet policy is best for their community and transfers that power to state bureaucrats in Harrisburg.
Bottom Line
In short, while well-intentioned, H.B. 2324 is bad policy, pure and simple. It guts local responsibility and replaces it with a top-down, one-size-fits-all Harrisburg answer: state-mandated filtering. This bill needs a LOT of work and, at the very least, should be sent to the Education Committee for a comprehensive review. At the same time, we all must strive to do a better job of educating legislators about how a library really functions, who is served, how Internet policy is developed locally and enforced, and how burdensome this bill would be on resources, staff, and volunteers already stretched too far.
How Can You Help
o If you have an opportunity to speak with your representative or senator, tell them how you feel about internet access for children.
o If your library has an established internet policy , ask your library director to discuss it with them.
o Point out some of the inadvertent results of internet filtering . To see some of those results go to the website:
http://dfn.org/Alerts/contest.htm
One of the most telling examples is the following:
"Congress shall make no law abridging the freedom of sXXXch, or the right of the people peaceably to XXXemble, and to peXXXion the government for a redress of grievances."
Pennsylvania Citizens for Better Libraries
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Last Updated : 03/06/2008