National Commission on Library and Information Science Press Release.
Re: Internet Filtering Software.
Date: November 17, 1998.
Source: NCLIS.

NCLIS SEEKS BALANCE AND COMPROMISE
HEARING ON "KIDS AND THE INTERNET:
THE PROMISE AND THE PERILS"

Washington, DC. - On November 10, 1998, the U.S. National Commission on Libraries and Information Science (NCLIS) held an open hearing on "Kids and the Internet: The Promise and the Perils."

While acknowledging the unprecedented benefits of the Internet, the Commission wanted to hear firsthand from experts on the problems and complex issues arising from what NCLIS Vice Chair Martha Gould described as the "dark side of the Internet." NCLIS seeks to gather information necessary to create practical guidelines for librarians to provide safety on the Internet for children. Testimony was heard from fifteen individuals with a multitude of perspectives on how to deal with this issue.

Chairperson Jeanne Hurley Simon opened the hearing, stating, "Some policymakers suggest imposing sweeping, national approaches to deal with the problems of kids and the Internet. Others advocate a complete absence of any restrictions. We on the Commission believe the proper approach - indeed approaches - likely are somewhere in between. . . . "

NCLIS Members participating in the hearing were Chairperson Simon, Vice Chair Martha Gould, C.E. "Abe" Abramson, Walter Anderson, Rebecca Bingham, Joan Challinor, José-Marie Griffiths, and Frank Lucchino, along with NCLIS Executive Director Robert Willard.

The first witness, Andrew Vachss, a novelist and attorney who limits his practice to matters concerning children and youth, set the tone for the hearing. Vachss stated, "The real danger of the Internet to children lies in its interactive capability. . . . Now, for the predatory pedophile, accessing a child via the Internet is a lot easier (and safer) than trolling a playground. . . . One way to fight pedophiles is to defeat the live interaction on the Internet." He questioned on what "free speech" grounds interactive cyber-communication is guaranteed by public funds. Vachss suggested that if libraries are going to provide interactive opportunities - be it chat, instant messages, e-mail communication or any other form - parental permission must be required. "While I am opposed to 'filters,'" he stated, "which I believe to be an impotent remedy, I see no constitutional right to 'chat' provided by public funds."

In addition to the testimony by Vachss, the Commission heard testimony by witnesses from diverse and distinct backgrounds. Brief highlights of the testimony follow:

Larry Maxwell, Postal Inspection, U.S. Postal Service (USPS)
Of the recent cases involving pornography, more than half (42 out of 80) occurred via the Internet. However, this hearing has served to heighten USPS Postal Inspection's awareness that the public library, and interactive chat rooms may serve as venues for pornography and pedophile behavior. The USPS will work closely with school and public libraries to detect and prosecute such abuses.

Kevin Higgins, Chief Deputy Attorney General, Reno, Nevada
The Nevada High Technology Crime Task Force Task Force is taking aggressive steps to alert parents to the many and various ways of keeping children safe on the Information Superhighway which includes blocking access to harmful chat rooms, monitoring the child's usage, and installing software products that help protect against inappropriate access.

Toby Levin, attorney, Federal Trade Commission (FTC)
The FTC is committed to the goal of assuring children's online privacy and has developed significant expertise in this area. FTC believes the "Children's Online Privacy Protection Act of 1998," sponsored by Senators Bryan and McCain, will enable the Commission to work cooperatively with industry and consumer organizations to develop flexible, practical and effective approaches to protect children's privacy on commercial Web sites. She admits that this legislation addresses some, but not all, of the problems.

Deirdre Mulligan, Staff Counsel, Center for Democracy and Technology (CDT)
The CDT's mission is to develop and work for policies that advance civil liberties and democratic values for global communications networks. Their mission is guided by a vision of the Internet as an open and decentralized communications medium in which anyone, anywhere around the world, can participate free of gatekeepers and government censors. At present, the Center has no institutional policy on 'chat' issues.

Bruce Watson, President-Elect, Enough is Enough
"Once children have been exposed to graphic sexual content on the Internet, their innocence can never be regained. The protection of children from pornography should not be entirely up to their own self-discipline." In 1997, it was estimated that the aggregate revenue of porn sites was approaching one billion dollars. The Wall Street Journal noted that, "While many other Web outposts are flailing. . . . Cyberporn is fast becoming the envy of the Internet." Enough is Enough takes the position of blocking access to chat, and filters for protection.

Jan LaRue, Director of Legal Policy, Family Research Council (FRC)
"There is no constitutional requirement for the government to provide access to pornographic images in public libraries. . . . Regardless of the political debate between advocates on 'filterware' and 'censorware', use of a technically competent, advocacy neutral, filter program is good public policy, good self defense, and good for children and families."

David Burt, President, Filtering Facts
The Commission should conduct a study that would involve writing a special computer program that would run on Internet workstations in several public libraries that either filter for all patrons, or just for all minor patrons. He also suggested the Commission embrace a compromise solution to the problem of the availability of hard-core pornography in libraries.

C. Ray Ewick, President, Chief Officers of State Library Agencies
The Commission should seek balance through Acceptable Use Policies, while honoring each state's ability to support worthy common goals and allow diverse local implementation.

Ann Symons, President, American Library Association (ALA)
Librarians must be leaders in advocating for access for all; in creating, selecting and compiling quality online collections, in educating both children and adults about the benefits and hazards of this new medium and how to use it wisely, and at the local level, in finding ways to assure the vitality of intellectual freedom, while being responsive to individual and community needs and concerns. "We must not let fear and exaggeration over the 'perils' of the Internet limit the "promise" of this new information tool. For if we do, we stand to limit the future of our children as well."

Eleanor (Joey) Rodger, President, Urban Libraries Council (ULC)
"The Council has not created policy recommendations in this area. We have not felt the need to do so, nor do we feel it is appropriate because America's public libraries are part of local government. . . those who pay for public library service should create and control the policies that shape it. . . The Commission can become a valuable resource. . . by conducting research on effective strategies for enhancing the positive use of the Internet by children, by reminding Congress that public libraries in America are essential and, by design, local institutions, and by using its national pulpit to support parents in their roles as their children's best guide to this new world of information and communication."

Lawrence Ottinger, Senior Staff Attorney, People for the American Way Foundation
The Foundation has been deeply involved with the issues of Internet use policies as it pertains to children and adults with a particular emphasis on Internet use in public libraries. In particular, the Foundation represents as co-counsel a civic group, parents and individuals residents of Loundon County, Virginia, that brought a challenge against their Library Board's very restrictive Internet use policy. It is the Foundation's policy that libraries should not usurp the role of parents, and that the problem of "Kids and the Internet" should be solved without infringing on other people's rights.

Gene Crick, President of Electronic Frontiers - Texas
Electronic Frontiers is committed to First Amendment principles, and believes that restricting adult library Internet users to filtered terminals represents government intrusion into adults' right to access protected speech. This is especially important in libraries with only a single Internet access terminal which offer filtered children's access. Children access issues are local decisions, properly made by local citizens and librarians, reflecting community values. "No government should attempt to impose a single, political solution on local communities," Crick stated.

Heidi Borton, a practicing librarian who resigned rather than support her former employer's position allowing children unrestricted Internet access to pornography. Librarians who are disturbed by the position taken by the ALA on this issue should speak up and act according to their consciences, and to not be intimidated. "Requiring library employees to deal with online pornography is, simply put, indecent. . . . Pornography degrades human beings. . . . It destroys lives." Internet policies that encourage a certain level of behavior in order to have access to the Internet, that require parental permission, and that authorize the use of filters on all terminals used by children are called for.

Karen Jo Gounaud, President of Family Friendly Libraries (FFL)
The FFL's goal is to protect children from age-inappropriate materials. We urge public schools and libraries to be more responsible. "Technology is a necessity to protect the kids. Machine problems can be adjusted, adapted and erased. What goes into a minor's mind is much more difficult to adjust or adapt, and can never be erased."

Donna Rice Hughes, Vice President, Enough is Enough
The operating priority of Enough is Enough is making the Internet safe for children. "Defending minor children from harmful pornography goes beyond questions regarding censorship to how society should behave responsibly in protecting the innocent minds and hearts of children. A shared responsibility between the public, the technology industry and the legal community is necessary to bring our nation's children safely and confidently into the important frontier of cyberspace."

Willard announced that the Commission would discuss reaction to the Hearing at its next meeting in December and that formal recommendations are expected to be adopted not later than the April 1999 NCLIS meeting.

The hearing record will remain open until December 10, 1998, and additional information and comments received by that date will become part of the official record. Comments may be sent to NCLIS, 1110 Vermont Avenue, NW., Suite 820, Washington, DC 20005-3522; fax: 202-606-9203; or e-mail: bw_nclis@inet.ed.gov.

The U.S. National Commission on Libraries and Information Science is a permanent, independent agency of the Federal government charged by Public Law 91-345 to advise the President and Congress on national and international library and information policies and plans.