[CC] US high court hears library Net censor case

George(s) Lessard media at web.net
Sun Mar 16 15:15:38 CET 2003


US high court hears library Net censor case

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The future of a controversial Internet speech law was recently debated before the United 
States Supreme Court.  

The Children's Internet Protection Act essentially requires high schools and libraries to include 
blocking software on their computers. Institutions that refuse to do so (or implement policies to 
that effect) will lose federal funding. Last year, a Federal judicial panel held that the law, which 
was challenged by the American Library Association (ALA) as well as GILC members the 
American Civil Liberties Union (ACLU), the Electronic Frontier Foundation (EFF), and the 
Electronic Privacy Information Center (EPIC), violated the right to free expression protected 
under the First Amendment to the U.S. Constitution: "Any public library that adheres to CIPA's 
conditions will necessarily restrict patrons' access to a substantial amount of protected speech 
in violation of the First Amendment." The U.S. Justice Department then appealed to the 
Supreme Court.  

During the subsequent high court hearing, there was discussion of the secretive nature of 
Internet blocking packages and their effects on library visitors. Justice David Souter 
complained that the companies that develop filtering software "will not even disclose what they 
are blocking. When libraries have historically made these decisions, they have known what 
they're blocking." In addition, Paul Smith, an attorney arguing on behalf of the ALA, warned 
that library users might be too embarrassed to complain even if the blocking packages have 
prevented them from accessing noncontroversial material: "You've got to go up and say 
`Please turn off the porn filter.'" The Court is expected to make a decision by July 2003.  

Meanwhile, a Federal appeals court has once again struck down the so-called Child Online 
Protection Act (COPA), which made it a crime to use the Internet to pass along "for 
commercial purposes" information considered "harmful to minors." The decision came as part 
of a challenge to COPA by the ACLU on behalf of 17 groups and individuals, including EPIC 
and EFF. The panel held that COPA was not narrowly tailored and would prevent people from 
accessing forms of expression that were protected under the U.S. Constitution: "COPA will 
likely deter many adults from accessing restricted content, because many Web users are 
simply unwilling to provide identification information in order to gain access to content, 
especially where the information they wish to access is sensitive or controversial ... People 
may fear to transmit their personal information, and may also fear that their personal, 
identifying information will be collected and stored in the records of various Web sites or 
providers of adult identification numbers." The court had previously ruled that COPA was 
unconstitutionally overbroad because the statute relied on community standards to identify 
material that is harmful to minors. Subsequently, the U.S. Supreme Court disagreed with the 
appeals panel on the community standards issue, but sent the case back to the appeals court 
to determine whether COPA might be an unconstitutional for other reasons, which led to the 
latest decision.  

An ACLU press release regarding the CIPA case is posted at 
http://www.aclu.org/Cyber-Liberties/CyberLiberties.cfm?ID=12018&c=55  

Further information is available from the ALA website under 
http://www.ala.org/pio/presskits/cipa/cipa_statement.html  

To read a brief regarding CIPA from the Online Policy Group (a GILC member), click 
http://www.onlinepolicy.org/action/legpolicy/cipasupremebrief030210.shtml   

See Declan McCullagh, "Foes lock horns in Web filtering case," CNet News, 5 March 2003 at 
http://news.com.com/2102-1028-991199.html  

See "Justices Take New Look at Web Porn," Associated Press, 5 March 2003 at 
http://www.cbsnews.com/stories/2003/03/04/supremecourt/printable542715.sh tml  

See also "US court to rule on net porn," BBC News Online, 6 March 2003 at
http://news.bbc.co.uk/1/hi/world/americas/2823491.stm

The text of the trial court's decision in the CIPA case is available at
http://www.paed.uscourts.gov/documents/opinions/02D0415P.HTM

To read the latest COPA appeals court decision (in PDF format), click
http://www.ca3.uscourts.gov/opinarch/991324.pdf

Read Declan McCullagh, "Appeals court strikes down Net porn law," CNet News, 6 March 
2003 at 
http://news.com.com/2102-1028-991477.html  

Message # 2


The USA PATRIOT Act and Patron Privacy on
  Library Internet Terminals
      Library law consultant Mary Minow discusses the impact on
      libraries of the Uniting and Strengthening America by
      Providing Appropriate Tools Required to Intercept and Obstruct
      Terrorism Act of 2001 (USA PATRIOT Act). There is a
      bibliography with links to online resources. 
      http://www.llrx.com/features/usapatriotact.htm
      Subjects: Privacy, Right of...
      Created by mg 

  Libraries and the Patriot Legislation
      This collection of resources from the American Library
      Association (ALA), created "to offer guidance and
      suggestions how libraries should respond if law
      enforcement 'knocks at the door,'" contains a PowerPoint
      presentation, related ALA documents (including Guidelines
      for Librarians on the USA Patriot Act), and links to excerpts
      from the U.S. Justice Department's Searching and Seizing
      Computers and Obtaining Electronic Evidence in Criminal
      Investigations. There are also analyses of the Act from
      other organizations. 
      http://www.ala.org/washoff/patriot.html
      Subjects: Libraries...
      Created by lmr 

  Library Records Post-Patriot Act (Federal Law)
      A chart to help librarians understand the USA PATRIOT Act.
      Identifies the types of allowable court orders for library
      records, categories of information that can be requested,
      and legal standards. Essential reading before the knock on
      the door. Created for the Law Library Resource Xchange
      (LLRX) by Mary Minow, an attorney and former librarian. 
      http://www.llrx.com/features/libraryrecords.htm
      Subjects: Privacy, Right of...
      Created by kgs 

  Privacy and Library Records Update: USA Patriot
  Act
      Annotated links relating to the USA Patriot Act of 2001
      including the text of the law, United States Department of
      Justice guidelines, and general analysis. Features links to
      analysis pertinent to libraries from the American Library
      Association and the International Coalition of Library
      Consortia (ICOLC). Also provides information specific to
      university, college, and public libraries. This material
      accompanied Mary Minow's August 2002 Webcast. 
      http://www.librarylaw.com/Patriotbib.htm
      Subjects: Privacy, Right of... 
      Created by slr 

  USA Patriot Act Resolutions of State Library
  Associations
      A browsable directory of resolutions about the USA
      PATRIOT Act from national, state, and local library
      associations. Includes related links and contact information
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      http://www.ala.org/alaorg/oif/statepatriotresolutions.html
      Subjects: Librarians -- United States...
      Created by kgs 


---

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