[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
for submitting additional resolutions. From the Office of
Intellectual Freedom of the American Library Association
(ALA).
http://www.ala.org/alaorg/oif/statepatriotresolutions.html
Subjects: Librarians -- United States...
Created by kgs
---
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