Public Libraries Dismayed at Supreme Court Decision on Internet
Filters
by Judy Silberstein
(June 26, 2003) “I am disappointed, dismayed and disheartened
by the Supreme Court ruling that upholds the federal CIPA
[Children’s Internet Protection Act] and requires public
libraries to filter internet terminals or eschew federal funding,"
said Diane Courtney, Director of the Larchmont Public Library
and President of the New York Library Association. “Upholding
CIPA places an undue burden on all libraries, especially smaller
ones, and is, yet again, an example of imposing unfunded mandates
on local jurisdictions - this time, the public library.”
The Court’s decision on June 23, 2003 is a blow to
the American Library Association that viewed the software
filtering requirement as unconstitutional. (See: UNITED
STATES et al. v. AMERICAN LIBRARY ). Arguments on both
sides ranged from the pragmatic (the software does/doesn't
work) to the philosophical (the software unconstitutionally/appropriately
limits access to information/objectionable material). The
judges were persuaded that children could be protected without
unconstitutionally limiting adult access.
The Larchmont and Mamaroneck librarians and their many colleagues
will be studying the ruling to determine what impact, if
any, there will be on local practices. They receive almost
no federal monies, but they do benefit - either directly
or through their association with the Westchester Library
system – from federal “e-rate” funds meant
to assist with connecting libraries to the Internet.
"CIPA is a complex law and the Larchmont Public Libary
is still studying the ramifications of it," reported Courtney.
The library will be waiting for answers from the
the Federal Communications Commission which relies on instructions
from the Supreme Court, which are expected sometime in July.
"Once we get those answers, the Library's Board of Trustees
will make the decision about whether or not to install filters," said
Courtney.
Currently, neither Larchmont nor Mamaroneck libraries
employ filters. “Things
seem to be working out pretty well without them,” said
Grott.
Like almost all schools, the Mamaroneck School district does
use filters throughout its computer system – in the
library and also for e-mail. Outgoing high school librarian
Diane Romm finds the district’s “Web Sense”
filter to be more intuitive than most. It flags terms that
have both pornographic and educational associations, for example
“breast cancer,” and allows a student to conduct
legitimate research on the term.
Unlike schools, however, most public libraries serve both
adults and children. Turning the filters on and off depending
on the age of the patron would require assistance
by a staff person.
“My staff is already stretched so thin,” said
Mamaroneck Library Director Joan Grott. “It will take
more work for an already overworked staff to turn the filters
off and on.”
"Clearly, Justice Kennedy has never been in a busy,
and likely understaffed, urban library trying to get a librarian
to assist him" said Diane Courtney. "Since most
libraries must, of necessity, limit a patron's time on the
terminals, any wait for library staff to turn off the filter
will negatively impact a person's search time. In these cases,
any delay becomes significant.
The librarians are also concerned about the number of legitimate
sites that children will no longer be able to access because
a filter has incorrectly assumed them to be pornographic.
"The Supreme Court has based its judgment on a mistaken
belief that filtering software can and does work. In effect
it has put its faith in a technology that is flawed and ineffective,"
averred Courtney. Adult guidance is what protects children,
she declared.
“Libraries would probably welcome filters that work
effectively to block adult sites. The problem is, they do
not,” she said. For example, many filters block sites
with titles that include “X” or “sex.” Along
with porn, they block sites on Super Bowl XXX, or Middlesex.
In the meantime, pornographers are increasingly savvy about
ways to evade filters, librarians have found.
"The best technology to prevent the display of illegal or
innappropriate materials is a
well-informed human mind," Courtney concluded.
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