By now you've probably heard that the Supreme Court has announced its
decision upholding the constitutionality of the Children's Internet
Protection Act (CIPA), which had been challenged by ALA. Copied below are
some news items on this. Although ARLIS/NA did not take an official
position on this case, the Public Policy Committee has attempted to keep
abreast of the situation, and will be reporting on the consequences of it
and other recent censorship issues.
In other news, the Emergency Protection for Iraqi Cultural Antiquities Act
of 2003 was introduced as S. 1291 on June 19 by Senator Charles Grassley
(R-Iowa) and Sen. Max Baucus (D-Montana). They are respectively the Chair
and leading Democrat on the Finance Committee, to which the bill has been
referred. I take that as a hopeful sign that this won't stay bottled up in
committee for long. The bill would authorize the President to impose a
temporary import restriction on antiquities and cultural property from
Iraq. (See text and status info on Thomas, at
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.01291:
This bill is similar to the Iraq Cultural Heritage Protection Act,
introduced in the House on May 7 as HR 2009. It now has 55 co-sponsors.
The Senate bill seems to provide a less comprehensive import ban,
suggesting that it is an attempt at a compromise for the stalled House
bill.
James Mitchell
Co-Chair, ARLIS/NA Public Policy Committee
Librarian, American Folk Art Museum
Shirley K. Schlafer Library
45 West 53rd St.
New York, NY 10019
[log in to unmask]
(212) 265-1040 x110
News on CIPA and US v. ALA:
Supreme Court says libraries can be forced to use Net filters
GINA HOLLAND
Associated Press
WASHINGTON - A sharply divided Supreme Court ruled Monday that Congress
can force the nation's public libraries to equip computers with
anti-pornography filters.
The blocking technology, intended to keep smut from children, does not
violate the First Amendment even though it shuts off some legitimate,
informational Web sites, the court held.
The court said because libraries can disable the filters for any patrons
who ask, the system is not too burdensome. The 5-4 ruling reinstates a law
that told libraries to install filters or surrender federal money.
It was victory for Congress, which has struggled to find ways to shield
children from pornographic Internet sites. Congress has passed three laws
since 1996 - the first was struck down by the Supreme Court and the second
was blocked by the court from taking effect.
The first two laws dealt with regulations on Web site operators. The
latest approach, in the 2000 law, mandated that public libraries put
blocking technology on computers as a condition for receiving federal
money. Libraries have received about $1 billion since 1999 in technologies
subsidies, including tax money and telecommunications industry fees.
The government had argued that libraries don't have X-rated movies and
magazines on their shelves and shouldn't have to offer access to
pornography on their computers.
Librarians and civil liberties groups had argued that filters are
censorship and that they block valuable information. Filter operators must
review millions of Web sites to decide which ones to block.
Chief Justice William H. Rehnquist, writing for the majority, said the law
does not turn librarians into censors.
The latest law, the Children's Internet Protection Act, has been on hold.
A three-judge federal panel in Pennsylvania ruled last year that it was
unconstitutional because it caused libraries to violate the First
Amendment. The filtering programs block too much nonpornographic material,
the panel found.
The Supreme Court disagreed.
Justices had seemed skeptical in March during arguments in the case that
it was onerous for library users to ask staff to disconnect filters when
research is hampered.
More than 14 million people use public library computers.
Even without the law in place, some libraries use filtering software on
their computers, with varying degrees of success in screening out
objectionable material. Other libraries have varying policies that
encourage parents to monitor their children's Internet use.
The case is United States v. American Library Association, 02-361.
[copied from
http://www.kansascity.com/mld/kansascity/news/breaking_news/6151827.htm]
ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 57
June 23, 2003
In This Issue: Supreme Court upholds CIPA, ALA Denounces Decision
For Immediate Release
June 23, 2003
ALA denounces Supreme Court ruling on Children's Internet Protection Act
(Toronto) We are very disappointed in today's decision. Forcing
Internet filters on all library computer users strikes at the
heart of user choice in libraries and at the libraries' mission of
providing the broadest range of materials to diverse users.
Today's Supreme Court decision forces libraries to choose between
federal funding for technology improvements and censorship.
Millions of library users will lose.
We are disappointed the Court did not understand the difference
between adults and children using library resources. This flies
in the face of library practice of age-appropriate materials and
legal precedent that adults must have access to the full range of
health, political and social information. The public library is
the number one access point for online information for those who
do not have Internet access at home or work. We believe they must
have equal access to the Information Superhighway.
In light of this decision and the continued failure of filters,
the American Library Association again calls for full disclosure
of what sites filtering companies are blocking, who is deciding
what is filtered and what criteria are being used. Findings of
fact clearly show that filtering companies are not following legal
definitions of "harmful to minors" and "obscenity." Their
practices must change.
To assist local libraries in their decision process, the ALA will
seek this information from filtering companies, then evaluate and
share the information with the thousands of libraries now being
forced to forego funds or choose faulty filters. The American
Library Association also will explain how various products work,
criteria to consider in selecting a products and how to best use a
given product in a public setting. Library users must be able
to see what sites are being blocked and, if needed, be able to
request the filter be disabled with the least intrusion into their
privacy and the least burden on library
service.
The ALA will do everything possible to support the governing
bodies of these local institutions as they struggle with this very
difficult decision.
Contact: Larra Clark, Press Officer 416-585-3550/cell: 416-994-
6912
Contact: Frank DiFulvio, ALA Washington Office Press Officer 202-
628-8410/cell: 703-969-6701
******
ALAWON (ISSN 1069-7799) is a free, irregular publication of the
American Library Association Washington Office. All materials
subject to copyright by the American Library Association may be
reprinted or redistributed for noncommercial purposes with
appropriate credits.
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