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HomeMy WebLinkAboutLibrary Internet Filtering Software for Adults CITY OF HUNTINGTON BEACH MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to: Approve �0 Conditionally Approved ❑ Denied W Cle k' Signature iCouncil Meeting Date: June 5, 2000 JDepartment ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL x SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORQ2a q PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SERVIC SUBJECT: APPROVE LIBRARY INTERNET FILTERING SOFTrWARE FOR ADULTS - C-} T Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status Attachment(s) Statement of Issue: Should the Library system have Internet filtering software on adult public access PCs? Funding Source: FY 2000/2001 General Fund. Staff Recommended Action: MOTION TO: CPo Approve Option # 4, dynamic filtering, as the Huntington Beach Public Library's Internet filtering software for adults (excluding internet access in the media section) ND �M jb5ji�b Q UD6a-T -To 13-ta. Dcz-ViaSZF�eD T4 A -Gt- -L-iWa,MLBoa F&Rec o1ffl mended-AC-tjGn—MaT-tQNZQ- de't-lmter-met-Aec-ess=show,ld -net-havesfiltering-s nr fea(-&ee-A#ta&r e # L-eater-dated-May-9;2900-from-Libr=ary Ghair= ��Bril�r Library Board Action on April 18, 2000: Moved by Cohen and seconded by McGrath THE MOTION PASSED WITH A UNANIMOUS VOTE: 7-0. rcainternetadultl -2- 05/24/00 9:21 AM REQUEST FOR ACTION MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: Alternative Action(s): 1. Select another option. 2. Remove the Internet from the libraries. Analysis: On December 20,1999, the City Council approved the use of filtering software on the public access PCs within the children's section. Accordingly, all such Internet access utilizes filtering software that restricts, but does not eliminate, accesses to offensive material. Filtering software is not infallible and objectionable material may still be viewed. The policy gives adequate notice to parents and guardians that the Library has taken measures to reduce offensive material. The City Council approved the policy that notifies users and parents/guardians that although the Internet includes filtering software, there is no assurance that objectionable material is excluded. However, although the Library has installed software that screens objectionable material, the policy states that the "Library can not be held responsible for what a child accesses while on the Internet." The Library strongly recommends that the parents monitor their child's use. (See Attachment #3: Children's Internet Policy). After approving the Internet policy for minors, the City Council asked staff and the Library Board to study the issues and to look for an Internet provider that provides an adequate screen regarding Internet use for adults. (See Attachment #4: Council minutes of 12/20/99) Staff reviewed and analyzed four options ranging from no filtering to the most comprehensive filtering software. These costs and alternatives are contained in the attached memo dated April 26, 2000. (See Attachment#1). Based upon the direction from Council, staff is recommending Option #4 at an annual cost of $138,415. Additionally, staff recommends that this Option be included in the proposed budget for FY 2000-2001. However, because of the remote location and privacy of the Library's "Cyber Space" section in Media, and that no one under the age of 18 may use them, it is recommended that these computers continue to be unfiltered (See Attachment# 5). The Library Board discussed the issues for approximately four months. They were primarily concerned that filtering the Internet was an infringement of first amendment rights and intellectual freedom. They also thought filtering software restricts information by eliminating legitimate web sites. Additionally, they believed that filtering software provided a false sense of security in that objectionable material may still be viewed because there are millions of sites not rated or filtered by software. The California Library Association and League of Cities sent 180 surveys to public libraries to determine their policies regarding, among other issues, internet filtering. 96 surveys were returned of which 89 had Internet filtering policies. 86% of the respondents did not filter adult Internet access. The following is a summary of their published results: rcainternetadultl -3- 05/24/00 9:06 AM REQUEST FOR ACTION MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: Ntlicies89 . _ � u3 Llbrarles with FILTERING 24*, (28/o) 50-/o are children s flltermgaonly Libraries witi��N�FILTERING��65 (��%) or{8fi%��with a`�du„It no flterny�,�=�. * Because 12 of the filtering libraries (50% of 24) only filtered children's internet access, the total for libraries that do not filter adult access is 77 or 86% (65 + 12 = 77). Environmental Status: Not Applicable. Attachment(s): DescriptionCity Clerk's No.Page . - 3 3 Attachment #1: 4/26/00 Memo describing Internet access Options 2. Attachment#2: Letter dated 5/9/00 from Library Board Chair Pat Bril 3. Attachment#3: Children's Internet Policy . 4. Attachment#4: City Council/Agency minutes — 12/20/99 3 3 3';ii 5. Attachment#5: Media /Computer Center- Policies and Procedures �.. RCA Author: Ron Hayden rcainternetaduld -4- 05/24/00 9:04 AM ATTACHMENT # 1 City of Huntington Beach • technical • services • To: Ron Hayden From: Roger Hiles Date: 4/26/00 Subject: Internet Filtering Recommendations and Costs I have reviewed the available options for filtering Internet access and have prepared the following summary: Option Software cost Added Staff Staff Cost Total Cost 1. No filtering None Pages (2 FTE) $27,440 $27,440 This would trust patrons to act responsibly while they browsed in a public place. The page assistants would provide basic instruction on how to search on the Internet. 2. Ratings filtering None Pages (3 FTE) $41,160 Clerk (1 FTE) $26,720 Benefits $6,680 $74,560 $74,560 This would use the content rating filter built into Internet Explorer to filter out sites rated by their owners as having sexual content. The advantages are that this is free and that sites are unlikely to rate themselves incorrectly. The disadvantage is that unrated sites are not restricted. The page assistants would provide basic instruction on how to search on the Internet, but clerical-level staff would be needed to work with patrons to complete their searches, over-riding the filter where necessary. 3. List-based $1,500 (est.) Pages (2 FTE) $27,440 Librarians (2 FTE) $78,120 Comp. aide (1/2 FTE) $17,320 Benefits $23,860 $146,740 $148,240 This would employ a program such as Surfwatch @ Work which filters browsing based on lists of forbidden Internet addresses (URLs) produced by employees of the filter company. This method is more complete than ratings filtering. The disadvantages are that new adult sites (or those not yet spotted by the staff at the filter company) are not filtered. Also, address lists would be downloaded and distributed by computer staff. Page assistants would again provide basic instruction on how to search on the Internet, but clerical and professional-level staff would be needed to work with patrons to complete their searches, over-riding the filter where necessary. CiroHUNTINGTON BEACH PUBLIC LIBRARY S Y S T E M Y 4. Dynamic filtering $3,500 Pages (2 FTE) $27,440 Librarians (2 FTE) $78,120 Comp. aide (1/4 FTE) $8,660 Benefits $21,915 $135,915 $138,415 This would employ a program such as I-Gear from Symantec to manage Internet access. (- Gear provides the most comprehensive filtering available by combining list-based filtering with context sensitive real-time filtering, so that many new sites or sites never found by the filter company would be locked out as the user's browser accessed it. Multiple profiles could be set up so that adult or younger patrons as well as staff could have different levels of access. This program is run from a server and list downloading could be automated. Page assistants would again provide basic instruction on how to search on the Internet, but professional-level staff would be needed to work with patrons to complete their searches, over-riding the filter where necessary. I recommend option 4. It is more than a filter, it is an access management tool which would allow us to tailor and track Internet access across our network. CC: Jan Halvorsen CC: Sherrie Daugherty CC: Nanci Williams CiroHUNTINGTON BEACH PUBLIC LIBRARY S Y S T E M TTACHMENT # 2 �13-,A, 4 �1 FOB CITY OF HUNTINGTON BEACH HUNTINGTON BEACH 7111 TALBERT AVENUE • HUNTINGTON BEACH, CALIFORNIA 92648 • TEL: (714) 842-4481 May 9, 2000 Mayor and City Council Members 2000 Main Street Huntington Beach, CA 92648 Dear Honorable Mayor and City Council: The Library Board considered the Library Internet Policy for adults over a period of approximately four months. During this time they conducted extensive research which drew upon the policies of other libraries, locally and nationally, coverage of the subject in both the professional literature and the general media; and relevant court cases, together with legal interpretations. Particularly compelling were the results of a California-wide survey of public libraries that revealed more than 85% of these libraries did not filter Internet access for adults. The board believes that filtering the Internet constitutes an infringement of First Amendment rights and intellectual freedom, thus violating the primary role of the public library—often called "The People's University"—to provide access to information without censorship. The board carefully studied evidence that demonstrated filtering software often restricts information by eliminating legitimate web sites; similarly, they discovered that such software may provide a false sense of security because there are millions of sites not rated (nor therefore filtered) which contain material deemed by some to be objectionable. In addition, filtering and other means of restricting access are costly, in terms of both the expense of purchasing/updating software and the staffing required to implement such measures. Very truly yours, Patricia Bril Library Board Chair Cc: Ray Silver, City Administrator Ron Hayden, Director of Library Services ATTACHMENT # 3 Huntington Beach Public Library System Children's Internet Use Policy Developing additional resources for information and assisting in enhancing children's computer literacy are the primary reasons for the Huntington Beach Public Library offering access to the Internet within the Children's Library. This service is intended to further develop the Library's collection. The Internet program should provide for the educational, informational and cultural enrichment of the children. Understand that the Internet or "cyberspace" may contain material unsuitable for children, the Library has established a policy that emphasizes parental control and permission. Although the Library has installed software that screens objectionable material, it cannot be held responsible for what a child accesses while on the Internet. TTACHMENT # 4 z0'd %L6 SZ:ST 000Z-M-AdW Page 12 - Council/Agency Minutes- 12120199 A motion was made by Garofalo, second Green to approve the Maddy Local Appointive List showing vacancies which will occur on city boards and commissions in the year 2000 and direct the City Clerk to post the list at the official posting locations (Huntington Central Library, Civic Center, Main Street Library). The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Bauer NOES: None ABSENT: . Julien (Dettloff absent from the room) (CITY COUNCIL) APPROVED LEASE BETWEEN THE CITY AND MICHAEL ALI FOR VIC'S BEACH CONCESSION -ACCEPTANCE & RECORDATION OF QUITCLAIM DEED FROM K. AND B. NITZKOWSKI (600.35) The City Council considered a communication from the Community Services Director transmitting the proposed list between the city and Michael Ali for Vic's Beach Concession and also transmitting a quitclaim deed from K. and B. Nitzkowski for acceptance and recordation. Councilmember Bauer stated that he wished to announce that the Mr. Ntizkowski should receive recognition as he is an Olympic Water Polo Coach as well as an Olympic contestant winner and has been a credit to the city in his business dealings with the city. Mayor Garofalo stated that Mr. Nitzkowski has won medals as a coach and a participant in the Olympics. Councilmember Harman commended Mr. Nitzkowski for his valuable and fine service as a beach concessionaire. A motion was by Bauer, second Dettloff to approve the month-to-month Lease Between the City of Huntington Beach and Michael Ali for Vic's Beach Concession and authorize the Mayor and City Clerk to execute the same, and direct City Clerk to record Quitclaim Deed to City from former lessees, Kenneth and Barbara Nitzkowski The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien --.p (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-113 TO APPROVE LIBRARY INTERNET POLICY FOR MINORS -(CHILDREN'S INTERNET USE POLICY) (100.10) The City Council considered Resolution No.99-113 submitted by the Director of Library Services which would establish a library internet policy for minors-children internet use policy. Library Director Hayden clarified questions of Councilmember Sullivan. He informed Councilmember Harman that the educational code required this policy be approved by the City Council in order to receive funds. City Attorney Hutton reported on the matter and referred to her late communication on the matter which was announced earlier in the meeting by the City Clerk. The communication is titled Library Internet Access and First Amendment Rights. Discussion was held. 893. Z0 3Jtid A8370 Aijo LSSTbLEbTL BE:E0 000Z/E0/S0 �0 d %Z6 ZSSTbL�bIL S�:St 00©Z-�O-J,dW 12/20/99 - Council/Agency Minutes -Page 13 Councilmember Green-requested that other libraries be contacted and the Library Board be requested to investigate developing a policy for presentation to the Council as was the policy for those under 18 years of age. A motion was made by Green, second Garofalo to approve the following action: adopt Resolution No. 99-113-"A Resolution of the City Council of the City of Huntington Beach Adopting a Public Library Children's Internet Use Policy"and further to direct the Director of Library Services to research the policies of other libraries and to refer this policy to the Library Board,to look for an internet provider that provides an adequate screen and approve adoption of Resolution No. 99-113. Mayor Garofalo expressed his opinion that the League of Cities, the Attorney General, the City Attorney, the Legislature, the Director of Library Services and Administration should return with a proposal to do this more effectively and on a larger basis than just Huntington Beach. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (CITY COUNCIL/REDEVELOPMENT AGENCY) -ADOPTED COUNCIL RESOLUTION NO. 99-110 &AGENCY RESOLUTION NO. 307 -APPROVING &ADOPTING THE 1999/2000 INVESTMENT PO ICY (310.20) The City Council cons ered a communication from the City Treasurer submitting the Annual Fiscal Year 1999120001 estment Policy for City Council/Redevelopment Agency approval. City Treasurer Freidenrich p sented a slide report titled Investment Policy 1999-2000 which was announced earlier in the eting during Late Communications by the City Clerk. Mayor Garofalo thanked the City Tr asurer for exemplary report. A motion was made by Green, secon arofalo to approve the following recommended action: Adopt Resolution No. 99-110 - "A Re lution of the City Council of the City of Huntington Beach Approving the Annual Fiscal r 1999/2000 Investment Policy' and to adopt Resolution No. 307 - "A Resolution of the edevelopment Agency of the City of Huntington Beach Approving the Annual Fiscal Year 1999 00 Investment Policy' The motion carried by the following roll call vote: AYES: Sullivan, Garofalo, Green, Dettloff, Bau NOES: None ABSENT: Julien (Harman absent from the room) (CITY COUNCIL) APPROVED CONSIDERATION TO DiREC TAFF TO PREPARE AN ORDINANCE THAT WOULD REGULATE DRIVE-THROUGH B INESSES AND MINOR AUTO REPAIR ON BEACH BOULEVARD AND EDiNGER AVEN (640.10) The City Council considered a communication from the Director of Plan ' g regarding the City Council's direction at the November 15, 1999 meeting that staff analyze th iece-meal development of remnant parcels on Beach Boulevard and recommend soluti s to address this issue in order to insure the maximum economic viability of future development. 894 60 39bd A83-1D AlID LSSZbLEbZL 86:ee o00Z/Ee/se ,ATTACHMENT # 5 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II Date: . yam U'd Meeting Date: `� �� _ Agenda Item:_ Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C Other i� AP 2. Attachments r` A Missing B Not identified ,/ C Other ° OL 3. Exhibits A Missing 7 B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that departmen ill be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Ac ' n(RCA)Unclear A Recommended Action on RCA not c plete B Clarification needed on RCA C Other 6. City Attorney Approval equired 7. Agreement Needs T6 Be Changed A Page No. 8. Other G:agenda/misdreaform Filtered/unfiltered Examples 1 If filtered, the following have been blocked: Superbowlxxx, marsexplor., breast cancer, Archie R. Dykes Medical Library, Essex County o Am. Library Ass. study = 20% filtered C ' �T -. legitimate sites Ei µ.' w= 1 If unfiltered, the following sites accessed: I graphic heterosexual, gay, lesbian, bisexual images, sex shops, erotic chats, hate/racist C, I sites, violence, etc. -� 110 Huntington Beach Public Library System 15 , Summary c x :NOR 1 Filter adult Internet access 1 Approve Option #4 - FY00/01 Budget 1 $138,415 - software & additonal staff 1 Media section remains unfiltered 110 Huntington Beach Public Library System 16 Lqc-: Adult Internet Access C) 6— To filter, or not to filter; IM that is the question.... > 40 'k NNA Huntington Beach Public Library System What is Filtering Software? I Mechanism used to restrict access to Internet content I based on internal database of product - or I through a database maintained externally - or I by certain ratings assigned by a third party - or I by scanning content based on keyword(s) - or I based on the source of information COOHuntington Beach Public Library System 2 � 2 City Council Directive I Also on 12/20/99: ...direct the Director of Library Services to research the policies of other libraries and to refer this policy to the Library Board, to look for an Internet provider that provides an adequate screen... Huntington Beach Public Library System 5 Internet Software 1 58+ types of filtering software including A I cyber patrol, cyber library, cyber sitter, I cyber snoop, net nanny, x-stop., I Gulliver's guardian, and... I net wave, surf watch, safe surf, surf monkey... I Filtering software reduces but does not eliminate objectionable material C100, Huntington Beach Public Library System 6 3 Staff Recommendation 1 Approve filtering software on adult internet 1 Approve option #4 in attached memo 1 Dynamic filtering - costing $138,415 • software $3,500 • staff $132,415 (2 librarians, pages &comp. Aide) • Approve in FY00/01 budget 1 Approve Media ""cyberspace" section remain unfiltered ��1 Huntington Beach Public Library System 7 4 Progressive Filtering Options (no filtering - comprehensive filtering) .P"3`.�iElE3IliIIGIi" ..n...,,.i... ..... ._ "^.C,. r"yM""'".�. •--.... ._._ 1 More filtering = More staff assistance 1 1. No Filtering - 'patrons on their own" 1 2 library pages for basic help - $27,400 1 2. Ratings Filtering (software cost = $0 ) 1 3 pages + 1 clerk = $47,560 1 3. List Based Filtering - (software cost = $1,500 est.) 1 2 pages + 2 librarians +.5 comp. Aide = $148,240 14. Dynamic Filtering - (software cost = $3,500) 1 2 pages`+ 2 librarians +.25 comp. Aide = $138,415 401 Huntington Beach Public Library System 8 4 • Dynamic Filtering 1 Most comprehensive filtering available ` 1 Restricts sites already deemed inappropriate & continually searches for additional sites by using an automatic sensing feature to filter suspicious sites many new/obscure sites would be locked out as the user's browser accessed it 1 Offers multiple settings - customized access for various levels, i.e. adults, children, staff 1 Automated downloading - saves computer staff time 1 Management tool - tracks Internet library system use 11 Huntington Beach Public Library System 9 Library Staff Needed 1 2 Librarians - I Reference/Children's - professional librarians with technical computer knowledge, assist accessing sites, over riding legitimate restricted searches, monitor use 1 2 Pages I general basic assistance, gates lab, monitor 1 1/4 computer tech I down load updates \`\ Huntington Beach Public Library System 5 Staff Recommendation (cont..) 1 Media section remain ""unfiltered" use restricted to 18 years or older staff verifies I.D. secluded area 1 fee based I provides alternative if other adult Internet access is filtered Ciro Huntington Beach Public Library System 11 Staff Recommendation Adult Filtering Reasons 1 Many children in adult areas 1 Internet access will be throughout the system 1 Pornography, hate, violent material too graphic for minors 1 Software reduces the offensive sites 1 Provides librarians to assist patrons who need "restricted material" legitimately 16 Huntington Beach Public Library System 12 6 � 1 4/18/00 : Moved by Cohen and second by McGrath that the H.B. Library System adult Internet access sl7ould not have filtering. 7-0. I intellectual freedom/1st amendment infringement I restricts information by eliminating legitimate sites I false sense of security I offensive material may still be viewed Huntington Beach Public Library System 13 California Public Libraries - Adult Internet Statistics 1 State Library / League of CA Cities survey: policies .100 Huntington Beach Public Library System 14 Library Board Recommendation ' . � 8 IMy k-'ITY OF HUNTI,NGTON BEACi . �oov MEETING DATE: December 20, 1999 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: o /DD,/d Deffe�erred/Continued to: U Approve ElC ditionally A rovedt ❑ Denied it Clerk's Signature Council Meeting Date: December 20, 1999 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORow PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SE SUBJECT: APPROVE LIBRARY INTERNET POLICY FOR MINORS R5.No. 11-113 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: To be eligible to receive State Public Library Funds, the Library must adopt a policy regarding access by minors to the Internet by January 1, 2000. Funding Source: No funds expended. Recommended Action: Adopt Resolution No. 11-113 approving the Huntington Beach Public Library's Internet Use Policy for Minors. Alternative Action(s): 1. Do not approve the Library's Internet Policy and forego the grant funding. 2. Change the policy. Analysis: California Education Code Section 18030.5 (a) states as follows: Every public library that receives state funds pursuant to this chapter and provides public access to the Internet shall, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet by January 1, 2000. (b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make the policy available to members of the public at every library branch. Also, Section 18032 (a) has the same requirement for motion picture videotapes. (See Attachment #1) The Huntington Beach Public Library receives state funds, such as the Public Library Fund and Literacy Grants. Therefore, to be eligible to continue the grant funding, the City Council must approve a resolution regarding these policies (Attachment #2). i rcainternet.doc -2- 12/09/99 10:56 AM REQUEST FOR ACTION MEETING DATE: December 20, 1999 DEPARTMENT ID NUMBER: The access to the Children's Internet is filtered by software that restricts access to offensive material. However, this "filtering" software is not infallible and some objectionable material may be visible. The policy gives adequate notice to parents and guardians that the Library has taken measures to reduce offensive material. However, although the Library has installed software that screens objectionable material, the policy states that the "Library can not be held responsible for what a child accesses while on the Internet." A written policy relating minor access to motion picture videotapes is not necessary because the Library's Media section does not issue circulating cards to any one under the age of 18. Likewise, to use the computers within the media section, patrons must be at least 18 years of age. (See Attachment # 3) Environmental Status: Not Applicable. Attachment(s): DescriptionCity Clerk's No. Page Number 3i Attachment #1:Calif. Education Code Sections 18030.5 (a) 18032 (a) 2. Attachment #2: Resolution No. `�9-113 Children's Internet Policy 3 Attachment #3: Media /Computer Center- Policies and Procedures ai33j3,II3)j�';�i�j1:,;ii�j:lili11�11331�11 i��'111j�•3�°3��l 3:,i3t. ., RCA Author: Ron Hayden rcainternet.doc -3- 12/09/99 10:56 AM ui kill" le, try,,,..,, ` ZZI l CA Codes (edc:1 8030-18032)EDUCATION CODE SECTION 18030-18032 18030. Notwithstanding any other provision of law, books and other library materials acquired or maintained by a public library as a part of the foundation program supported in part by state funds under this chapter shall be made available upon request to other public libraries in the state without charge, subject to any restrictions which may apply to the use of the materials by residents of the area normally served by the library. 18030.5. (a) Every public library that receives state funds pursuant to this chapter and that provides public access to the Internet shall, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet by January 1, 2000. (b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make the policy available to members of the public at every library branch. 18031. The provisions of this chapter shall become operative July 1, 1983. 18032. (a) Every public library that receives state funds pursuant to this chapter and that provides public access to motion picture videotapes shall, by a majority vote of the governing board, adopt a policy regarding access by minors to motion picture videotapes by January 1, 2000. (b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make that policy available to members of the public at every library branch. ti;;- }:�� <�,u.;: Vie,,;•>.:....i.-.<,, �f�5.: W�•„y Ell a' ,g ::.1% .,mow• .c;c',r,,;, ", .....>,r,"%%�. „„� ,.•,.,,�: ',,;�,, r .,.� ,.�e,�,..,6.¢ "=Did° "'�� w, RESOLUTION NO. 9 9—1-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A PUBLIC LIBRARY CHILDREN'S INTERNET USE POLICY WHEREAS, the Public Library System in the City of Huntington Beach provides access to the Internet for persons of all ages, including children; and The City Council desires to adopt a Public Library System Children's Internet Use Policy, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Public Library System Children's Internet Use Policy, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby approved and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of December, 1999 Mayor ATTEST: Z�4 APPROVED AS TO FORM: City Clerk fiv t, City Attorney �e� Iclq REVIEWED AND APPROVED: `AIA %AVZ70VED: City Adrifinistrator Director of Li ary Services g:4:99resolabrypley RLS 99-884 Res. 99-113 E-X H OBIT Res. 99-113 Huntington Beach Public Library System Children's Internet Use Policy Developing additional resources for information and assisting in enhancing .children's computer literacy are the primary reasons for the Huntington Beach Public Library offering access to the Internet within the Children's Library. This service is intended to further develop the-library's collection. The Internet program should provide for the educational, informational and cultural enrichment of the children. Understanding that the Internet or "cyberspace" may contain material unsuitable for children, the library has established a policy that emphasizes parental control and permission. Although the Library has installed software that screens objectionable material it cannot be held responsible for what a child accesses while on the Internet. Res. No. 99-113 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of December, 1999 by the following vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California �. .. � . , , ,,,. r � . .. ,.;, �. ,... �,: ,T -�=�� "� ..- i ' �.' � ., t� c Pn S�� S� L ., �I� v 4 .�. 4- '. �., .,, '��, ;, r;; �- i", >>,� �-;- „; .. :. ,. ,.,_, �. -v-F ..� _., �>> ... Media/Computer Center Policies & Procedures Policies and Procedures Registration: Registration is required in order to check out materials from the Media/Computer Center. Registration requirements: ' 1) :;,18 years:of age minimum(16 years of age for compact j discs).*,-:-'*',*. `- 2) Possession of a Huntington Beach Library card.(non- residents please inquire about the Media only' at no. charge).. } 3) Possession of a valid California Driver's License. 4) ' Valid verification of current address. :.- Financial res ponsibili P tY.- .- 1) Card holder assumes all financial responsibility for i materials checked out on their card.• 2) Damaged or lost items will be replaced at the card holder's expense. .. Return of media materials: There is"a 24-hour video drop(for videos only)located on the wall to the left of the library's main entrance:All other media " items must-be returned on the date_due,during operating hours,to the Media desk.DO NOT return Media items in book drops or non-video items in the video drop.Doing so will result in a$1.06 surcharge per item. 1 Overdue fines - Videos&DVDs...................... $1.00..................... Per day -- Compact.Discs.-::::. -...::....=$-.25...................:. Per day Books on Compact Disc........ $ .50:.................... Per day Books on'Cassette.................:' $ -.50..................... Per day Children's Books on Cassette. .$ .15.....:..:............ Per day � CD ROMs.........:.........:.........: $ .75.:::................. Per day Equipment...............:.:::.:...:.: $2.00..................... Per hour ' *An additional$10.00 collection fee Is charged on each account with items 30 days overdue). a Legal considerations: Library videos may not be shown when:admission is charged. Permission to duplicate or telecast any title in the library i collection must be obtained from the producer,or distributor of the title. Hours Monday,1:00 pm to 9:00 pm' - - Tuesday- ;"Wednesday,.Thursday:'9:00 am to 9:00 pm' Friday and Saturday:9:00 am to 5:00 pm Sunday1:00.pm to 5:00 pm { ;. For further-information calla !' • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: RAY SILVER, City Administrator rrl FROM: GAIL HUTTON, City Attorney C:) < _U DATE: December 20, 1999 NJ SUBJECT: Library Internet Access > Agenda Item E-12 Let us begin by stating that nobody disputes the proposition that public libraries may prohibit minors (children under 18 years of age) from accessing harmful material, as defined by the California Penal Code. Nor does there appear to be any argument that libraries may ban matter which falls under the Penal Code's definition of obscenity. The question which has yet to be resolved legally or socially is how libraries may provide internet services which protect First Amendment rights and still filter unwanted material, specifically that material which is available only to adults and which, while offensive or explicit, does not rise to the level of legal obscenity. There appears to be only one published court decision which squarely addresses the question of whether or not public libraries may use filtering software to prevent internet access to certain types of material. That case is a federal court case from the state of Virginia, and while not necessarily binding on California, is certainly legally persuasive. The case is entitled Mainstrean Loudoun v. Board of Trustees of the Loudoun County Library 24 F.Supp. 2d 552 (E.D. VA. 1998). In the most simplistic of explanations, the Courtin Loudoun disapproved the use of filtering software which legitimately blocks material harmful to minors and obscenity, but at the same time, impermissibly blocks other material protected by the First Amendment. The Loudoun Court likened the blocking of non-obscene material to the censoring of portions of books to which the library had subscribed. The Court stated that libraries may not, in the interest of protecting children, limit the speech available to adults to what is fit for juveniles. Further, the Court disapproved the library policy which granted library staff discretion to refuse or allow access to First Amendment protected material. The National Law Center for Children and Families has authored opinions on this subject which recommends rejection of the Loudoun Court's rationale. That organization argues Page 2 Ray Silver Re: Library Internet Access instead that the software filtering is not censorship of material already on the shelves of the library it is simply the library's choice not to subscribe to certain "books," albeit the internet variety of"books". - The National Law Center warns that libraries may expose themselves to liability if they fail to filter. This may be so, however the only case which we have found in our research thus far involved a suit against a library by a mother who claimed that her child downloaded sexually explicit material from a library in Livermore, California. The lawsuit was dismissed by the court. There are concerns about censorship, prior restraint, and civil rights violations, when a governmentally sponsored entity denies access to First Amendment protected material. This is not to say that obscenity or child pornography is protected by the Constitution; it is not. Similarly, material harmful to minors, as defined by the California Penal Code, must not be provided to children under the age of 18. This is a new and murky area of technology and the law. We are confident that the City may implement a policy which protects children against exposure to harmful matter. Also, we believe that there is a constitutional way in which the library can allow adults access to non-obscene matter while at the same time banning access to obscene matter. That methodology is something which needs further research and which will be the subject of upcoming meetings among the concerned City departments. GAIL HUTTON, City Attorney /sl c: Melanie Fallon, Asst. City Administrator Ron Hayden, Library'Director Ron Lowenberg, Chief of Police Hon. Mayor and Councilmembers sMibrary intemet/12/20/99