CCLS Internet Acceptable Use Policy and Guidelines Online Learning Module 05.01.2018

CCLS Internet Acceptable Use Policy and Electronic Resources Guidelines Rev. 2018 EMA http://www.ccls.org

Notes about this Learning Module • Please review the links to documents and websites in this module. Information in these references could be part of the final quiz! • The Quiz button will take you the module quiz. • The Fill Out CE Form button will take you to the CE form. • Directions for navigating the module plus printing and saving your quiz results: User Guide Any other questions? Please email the Staff Development Coordinator 2

What you will Learn … • Know the CCLS Internet Acceptable Use Policy • Know the contents of the CCLS Electronic Resource Guidelines • Know Staff Roles and Responsibilities contained in the CCLS Electronic Resource Guidelines 3

MORE! - What you will Learn … • Know the process for dealing with law enforcement requests for information about CCLS owned and leased computer hardware 4

QUIZ • There is a 10 point quiz at the end of this learning module. • You need to get 100% on the quiz to get credit for completing the learning module. 5

The Internet is one of many important library information resources. As library staff we support people of all ages in becoming information literate. We help everyone learn how to access information efficiently and effectively. Filtered Internet access is available at all member libraries through public computers, wireless connections and mobile hotspots. 6

Although individual Internet use is not actively monitored by library staff it must comply with the CCLS Internet Acceptable Use Policy. 7

The Board of Trustees of the Chester County Library System (CCLS) adopted a system wide Internet Acceptable Use Policy on March 20, 2012. The policy is in keeping with CCLS’s core values and mission. It is an agreement a user makes when accessing the library’s Internet. 8

Internet Acceptable Use Policy Components • Statement of Philosophy • Personal Responsibility for Use of the Internet and Self-Monitoring • Children’s Internet Protection Act Compliance (CIPA) • Code of Conduct while using the Internet in the library • Consequences for not complying with the policy 9

Why we provide Free Internet access… The Chester County Library System provides public access to the Internet and other electronic resources through CCLS provided computers and wireless connections. CCLS offers this in fulfillment of its mission to develop services, resources and collections that meet the cultural, informational, recreational, and educational needs of its diverse community, and to respond to advances in technology and the changing needs of its customers. 10

CCLS recognizes that the Internet is a rich but unregulated resource and that not all sources on the Internet provide information that is accurate, complete, current, legal, or philosophically acceptable to all citizens. CCLS, and member libraries, select links for their web sites to guide patrons to sites that have been reviewed according to the same selection criteria used for other library resources. 11

Personal Responsibility Individual users assume the responsibility for determining the suitability of Internet content for themselves. CCLS affirms the right and responsibility of parents and legal guardians for deciding what library resources, including those found on the Internet, are appropriate for their own minor children. 12

CCLS is NOT acting in loco parentis We are affirming the right and responsibility of parents and legal guardians for deciding what is appropriate for their minor children. 13

Unauthorized disclosure, use, and dissemination of personal information - especially regarding minors is strictly prohibited! 14

Key Points …. We do not actively monitor Internet use in the library of any patron, regardless of age. When asked, staff can answer questions and guide patrons to quality resources on the Internet. 15

Children’s Internet Protection Act Compliance (CIPA) CCLS uses technology protection measures to filter content in accordance and compliance with the federal Children’s Internet Protection Act, (CIPA), Pub. L. No. 106-554, Div. B., Title XVII, 114 Stat. 2763A-335 (2000). The Children’s Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children’s access to obscene or harmful content over the Internet. CIPA imposes requirements on schools and libraries that receive certain federal funds. 16

CCLS Internet Acceptance Use rules are requirements for Internet safety policies and technology which blocks or filters certain material from being accessed through the Internet. 17

Filters are an imperfect technology and do not provide a guarantee of complete content screening. It should not be relied on as a substitute for individual judgment or for parental guidance and oversight for minors. For more information check out the learning module: CCLS Internet Filter: Information and FAQs. 18

Code of Conduct Users of CCLS provided computers or wireless connections may not use them for any purpose that violates federal, state or local laws. Users must respect all copyright laws and licensing agreements pertaining to electronic files and other resources obtained via the Internet. The viewing of pages that contain or display sexually explicit images or materials or obscenity as defined in 18PaCS 5903 is prohibited in Pennsylvania in a public library environment. The viewing of child pornography is a criminal act and may be prosecutable as a felony. CCLS will assist in the prosecution of criminal activity. 19

Key Points …. The CCLS Executive Director is the custodian of CCLS owned and leased computer hardware in member libraries. ANY request by law enforcement officials or others for access to such hardware MUST be referred to the CCLS Executive Director. As a staff member you do not have authority to release information to law enforcement unless directed to do so by the CCLS Executive Director. 20

Users are warned of some, but not all, unacceptable uses of the Internet in the library. Users are informed that CCLS will assist in the prosecution of criminal activity related to them. 21

Per the U.S. Supreme Court, child pornography is a category of speech that is not protected by the First Amendment. Child pornography in and of itself, is illegal. Sexually explicit images or materials or obscenity are not illegal in and of themselves. However, it is illegal to view them in a public library environment. 22

Consequences CCLS reserves the right to terminate an individual’s use of an electronic resource, library computer or wireless connection at any time for failure to comply with CCLS Policies or Guidelines. 23

The library and use of its many resources including public computers and the Internet, are often considered public or limited forums in a court of law and as such those using them deserve protection under the First Amendment of the Constitution. 24

All users of the Internet are expected to use this library resource in a responsible and courteous way, consistent with the purposes for which it is provided, and to abide by the Internet Acceptable Use policy. 25

Electronic Resource Guidelines: Patron Information and Responsibilities …. the Details • Users may not use CCLS provided Internet stations or wireless connections for unlawful purposes or to view prohibited content. • Users are responsible for complying with the policies and guidelines. • CCLS is not responsible for corruption of data that may occur or for devices left at CCLS facilities. 26

• Users may not alter CCLS’ hardware • Users are responsible for damage to or loss of CCLS hardware and software caused by their negligence. • Wireless connections are not secure and users should avoid transmitting sensitive information using the CCLS wireless connection. 27

The Electronic Resource Guidelines also details staff roles and responsibilities. The document lists what services and assistance CCLS staff will and will not provide. Be sure to check it out! Users can request general guidance from staff for making wireless connections, but staff are not permitted to configure users’ personal computing devices! 28

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Obscenity Miller’s Three-Prong Test Miller v. California, 413 U.S. 15, 27 (1973). 1. Whether ‘the average person, applying contemporary community standards” would find that the work, taken as whole, appeals to the prurient interest,… 2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and 3. Whether the work, taken as whole, lacks serious literary, artistic, political or scientific value. 30

Key Points …. The first two prongs are issues of fact for a jury to determine, applying contemporary community standards and federal or state law. The third prong does not rely on a particular community’s sensibilities. Courts instruct juries to use a “reasonableness standard.” - whether a reasonable person would find such value in the material as a whole. 31

Only a court of law, not citizens’ groups, clergy or librarians , can determine the legal status of materials. Jeffrey Douglas, a lawyer, has tracked nationwide obscenity prosecutions since 1987. He found that materials that have been judged obscene include but are not limited to bestiality, necrophilia, incest, or any type of non-consensual sex. 32

Harmful to Minors Any picture, image, graphic image file, or other visual depiction that: “(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.” According to 47 USCS § 231 (6) 33

Key Points …. Obscenity and sexually explicit images are not illegal in and of themselves. However, viewing of them in a public library environment is. The difficulty in determining what is obscene or sexually explicit led CCLS to develop the process stated in the fifth bullet of the staff roles and responsibilities in the Electronic Resources Guidelines. 34

If you notice inappropriate images such as obscene or sexually explicit images** on a CCLS electronic device, in a quiet, neutral and objective manner, inform the user that the viewing of these images is not allowed in the library’s public setting. If the patron complies and gets rid of the image, the incident is ended. 35

If the patron hesitates or refuses to stop viewing the image and if the PC or laptop is owned or leased by CCLS or the library, the staff member should immediately minimize the image or turn the monitor off and explain to the patron that any further display of such material will result in denial of computer and wireless privileges and possibly a request to leave the facility. If the image is on the patron’s personal device, the staff member may not touch the patron’s device, but should stay with the patron until the image is removed and try as best as possible to block the image so that others who may be passing by cannot view it, especially children as this may create a “harmful to minors” incident. 36

It is always advisable, when possible, to “tag team” when you find yourself in a situation where you need to talk to a patron about inappropriate use of the Internet. This way, particularly if it is the patron’s personal device or if the patron refuses to comply, the second person can go for assistance should it be needed, while you stay with the person to block the image. 37

Child Pornography Child pornography is ALWAYS illegal. Child pornography is any visual depiction of a minor under 18 years old, engaging in sexually explicit conduct (actual or simulated). It is NOT protected by the First Amendment even when it is not legally obscene. Child pornography need not meet the Miller test to be illegal. 38

Although the primary objective of CCLS staff that sees inappropriate images displayed on a monitor is to clear the display from public view, there are additional concerns if images appear to be child pornography. If a displayed image appears to be child pornography and if there are no other library users in the area at the time, the staff member should call a staff member from another area as a second witness to what appears on the monitor. This is particularly important if the staff member is aware that the same user previously displayed a similar type of image. 39

If a staff member feels that a criminal activity may be taking place, he or she should immediately involve another staff member as a witness and, when possible, the Person In Charge (PIC) to determine if police should be called (911). If the situation is urgent and the Person in Charge is not immediately available, any staff member may call 911. 40

If you call 911, immediately notify your library director and the CCLS Executive Director. The CCLS Executive Director will guide you through your interactions and conversations with law enforcement when they arrive. 41

The CCLS Executive Director is the custodian of CCLS owned/leased computer hardware. Any request by law enforcement officials or others for access to such hardware must be referred to the CCLS Executive Director. At no time should you indicate in any way that you consent to a search – even if the law enforcement officer has a search warrant and you believe it to be valid. Nor should the search be obstructed in any manner by any staff. Adopt a courteous, neutral attitude. Do not do anything that may be interpreted as obstruction of a search. 42

If the law enforcement officer asks you questions or presents a search warrant or any other type of document, state, “I am not authorized to accept this or discuss this with you. I will refer to you someone who is.” Then refer them to the CCLS Executive Director. 43

Over the past 15 to 20 years, free access to computers and the Internet in U.S. public libraries evolved from a rare commodity into a core service. Now people from all walks of life rely on this service every day to look for jobs, find health care information, read the latest news or connect with family and friends. 44

Links to reference and supporting materials Internet Acceptable Use Policy brochure CCLS Filtering Information and FAQs Internet Acceptable Use Policy Filters and Other Restrictions on Internet Access Electronic Resources Guidelines Children’s Internet Protection Act 45

The widespread use of computers and the Internet in public libraries is an indication of the essential role public libraries play in the continuously evolving digital landscape. The CCLS Internet Acceptable Use Policy and Electronic Resource Guidelines help to ensure effective management of FREE public access to this valuable library resource 46

You are now ready to test your knowledge! QUIZ Please Fill out your Continuing Education Form! Fill Out CE Form Thanks for taking this Learning for Success Module! 47

This publication is produced by the Chester County Library. © 2018 LMA The Chester County Library System is committed to equal access to programs, facilities and employment for all persons. 450 Exton Square Parkway, Exton PA 19341 Phone: 610-280-2600 ~ Fax 610-280-2688 ~Home Page: http://www.ccls.org0471. 48