[Publib] "Wired" mag's sex blogger on Mt. Clemens PL net shutdown

[Rachel Davis]

"Patty Wanninger" <pwanninger at blueislandlibrary.org> writes:
>The last line of the report on the Mt. Clemens library states "The library
>computers do have filters, but according to the law, adults have the right
>to ask for the filters to be removed."
>
>It is unattributed, but I assume that's what the director told the
>reporter.
>
>
>Do you think the law being referred to is CIPA? 

>From ALA's FAQ's about CIPA:
Under the law and the Supreme Court's decision, when must a library
disable or turn-off the filter?
To varying degrees, the plurality and concurring opinions upheld CIPA
based on an expansive reading of the statute's disabling provision, which
allows a library to disable or turn- off the blocking software during
adult use "for bona fide research or other lawful purposes." Under the
federal government's interpretation of the disabling provision "a patron
would not 'have to explain . . . why he was asking a site to be unblocked
or the filtering to be disabled.'" ..... [snip] Thus, it appears that,
under the Supreme Court's decision and the government's interpretation of
the statute, libraries must turn off the filter upon request by an adult,
without inquiring into the adult's "purpose" for disabling the software.
In fact, both concurring opinions made clear that any library that burdens
patrons' rights through an improper or restrictive application of CIPA's
disabling provision could face a future lawsuit (what is known as an
"as-applied challenge"). As Justice Kennedy explained, if a librarian does
not "unblock filtered material or disable the Internet software filter
without significant delay," or "if it is shown that an adult user's
election to view constitutionally protected Internet material is burdened
in some other substantial way, that would be the subject for an as-applied
challenge." Id. at 1 (Kennedy, concurring); see also id. at 5-6 (Breyer,
J., concurring).
For the complete answer to the question, see [
http://www.ala.org/ala/washoff/WOissues/civilliberties/cipaweb/adviceresources/Legal.htm#turnoff
]http://www.ala.org/ala/washoff/WOissues/civilliberties/cipaweb/adviceresources/Legal.htm#turnoff

Rachel

Rachel Q. Davis
Children's Librarian
Thomas Memorial Library
6 Scott Dyer Road
Cape Elizabeth, ME  04107
207-799-1720


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