Last year, I introduced legislation to require that all public libraries install filtering software onto their Internet-accessible computers. The intent behind House Bill 296 was to protect children from pornography and other obscene material that is prevalent on the Internet.
However, while the bill was awaiting action in the House some people in the library community expressed reservations. While there was general agreement with its intent, they worried about the cost of purchasing and maintaining the necessary software.
Since then I and a staff member of the House of Representatives have met with library officials from throughout the state. We listened to their concerns and worked together to see if there was a better, more cost-effective way to accomplish our shared objective of protecting our children. The end result of that process is House Bill 419.
In short, the bill would give parents more options than they now have. Currently if a child wants to get a public library card, they have to be escorted by their parent or guardian to the library. Once there, the parent must sign a form indicating whether or not they want their child to have access to the Internet. It’s an all or nothing option. Either you want your child to have unfettered access to the Internet, or no access at all. HB 419 would change that.
Under my bill, which has already passed the House, the Division of Libraries would develop two new options. Using their current resources, and others they deem appropriate, Delaware Public Libraries would develop a two-tiered system of age-appropriate databases for minors. Tier I would contain a selection of research databases appropriate for students K to 5th grade. Tier II would contain databases appropriate for students in grades 6th to 12th.
Expressed in a different way, the Tier I and Tier II options would basically be cul-de-sacs off the Information Superhighway. They would be secure places where students could browse, explore and learn, but that would be shielded from the explicit material available elsewhere on the Internet.
Let me stress that all the decision-making power will continue to lie in the hands of parents. This isn’t a situation of the government telling parents what to do, but rather giving them more options and allowing them to make up their own minds about what is best for their children. Under HB 419, parents could bar their kids from Internet access, allow access to one or both of the new databases, or let their children have unrestrained access. That decision would rest entirely with parents.
My bill will not impact adult library patrons. They will continue to have unfettered access to the Internet. However, in keeping with existing practice, every public library would need to establish a policy prohibiting the use of their Internet-capable computers for viewing pornography and other inappropriate material. The policy would also prohibit the use of these computers to facilitate any illegal activity.
If they have not already done so, the bill calls for public libraries to establish and enforce sanctions against those people found to be violating their policies. My bill also encourages the libraries to continue their on-going development of a system for tracking violators so that a patron who loses his privileges at one library cannot simply move down the road a few miles to abuse the system again.
The libraries in our public schools would be exempt from the legislation because their Internet access is already shielded by filtering software on the state’s computer system. While not foolproof, it’s already in place and does an adequate job of preventing access to inappropriate material while still allowing educators access to the material they need.
The University of Delaware, Delaware State University and Delaware Technical and Community College are also exempt from the terms of this legislation. Since the clientele of these facilities is largely adult, the inclusion of their facilities appears unnecessary at this time.
The bill would appropriate $25,000 in the upcoming budget to the Delaware Division of Libraries to specifically facilitate the planning and implementation of this act.
To give libraries sufficient time to implement this legislation, the bill would not take
In short, this bill expands choice and keeps decision-making power in the hands of parents, while offering greater protection for our children and more peace-of-mind for parents.
John Atkins, R-Millsboro, is the state Representative from the 41st District. He can be reached at (302) 934-1587 or by sending e-mail to john.atkins@state.de.us.
