[Michlib-l] Wireless Internet--Minors Access

Fri Sep 27 13:42:23 EDT 2013

Isn't it too bad that our laws are open to interpretation?  A little clarity would be great!
My memory is that the library community worked pretty hard to keep some flexibility in PA 212 when it was under consideration, so, no I don't think it's too bad that interpretation is involved in law and policy work :-).

My reading of the MCL text I linked to is that the law says "(1) . . . adopt and require enforcement of a policy that restricts access to minors by providing the use of the internet or a computer, computer program, computer network, or computer system in 1 of the following ways:" and goes on to offer 2 options, (a) OR (b). Option (a) has two required parts, (i) and (ii). (b) is much more general and open for local solutions.

So, point (ii) under (a) [the bit about parents accompanying their kids] is not necessarily a requirement for every public library in Michigan. Only if you choose to comply with the law using option (a).

I was an English major, and I don't have a J.D., so I'm just offering textual analysis, not legal advice :-)

Seems like the approaches mentioned so far boil down to either not filtering by default and restricting access by age; or filtering by default and offering escape hatches that are reasonable and age sensitive.

From: annperrigo at gmail.com [mailto:annperrigo at gmail.com] On Behalf Of Ann Perrigo
Sent: Friday, September 27, 2013 1:05 PM
To: Knox,Sheryl Cormicle
Cc: BillieJo Bluemer; michlib-l at mail.mcls.org
Subject: Re: [Michlib-l] Wireless Internet--Minors Access

So, Sheryl, you interpret this sentence  "By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are not restricted from receiving any material" that the parent just needs to be in the building with them?  We have always done as Billie Jo does--required parent to sit with the young person.

Ann @ Allegan

On Fri, Sep 27, 2013 at 11:14 AM, Knox,Sheryl Cormicle <knoxs at cadl.org<mailto:knoxs at cadl.org>> wrote:
I'd like to suggest that "based on P.A. 212 which says minors cannot use unfiltered Internet in library without parent/guardian sitting next to child" is not accurate. Here is a summary of the implications of the Michigan law posted by the Library of Michigan at the time of its amendment:

Public Act 212 of 2000(SB 936) effective October 1, 2000, was signed by Governor Engler on June 26, 2000. This amendment to the Library Privacy Act requires local library boards to adopt and enforce a policy that restricts minors from Internet access to obscene or sexually explicit matter harmful to minors. The new section of the act requires filtering software or some system or method designed to prevent a minor from viewing objectionable material be used. Libraries established by community college districts, colleges or universities are exempt from this new requirement, as are private libraries open to the public.
http://www.michigan.gov/libraryofmichigan/0,2351,7-160-18668_18689-54462--,00.html

Here's the act itself: http://legislature.mi.gov/doc.aspx?mcl-397-606

It might be accurate to say that your library's system for preventing minors from viewing objectionable material is to require their parent to sit next to them, but that system is not required by Michigan law.

From: michlib-l-bounces at mail.mcls.org<mailto:michlib-l-bounces at mail.mcls.org> [mailto:michlib-l-bounces at mail.mcls.org<mailto:michlib-l-bounces at mail.mcls.org>] On Behalf Of BillieJo Bluemer
Sent: Thursday, September 26, 2013 6:07 PM
To: michlib-l at mail.mcls.org<mailto:michlib-l at mail.mcls.org>

Subject: [Michlib-l] Wireless Internet--Minors Access

Quick question:

My library has unfiltered Wireless Internet that is password protected. On advice of our attorney, who is a library law specialist, we deny minors access to the Wi-Fi based on P.A. 212 which says minors cannot use unfiltered Internet in library without parent/guardian sitting next to child. In order for a minor to use our Wi-Fi, a parent must obtain the password and stay near the child. It seems we are getting screamed at every day by angry parents because of our policy.

I'd like to know what other libraries' policies are when it comes to Wi-Fi: do you block minors' access if  your Wi-Fi is unfiltered?

BillieJo Bluemer
Library Director
Rauchholz Memorial Library
1140 N Hemlock Rd
Hemlock MI 48626
989-642-8621<tel:989-642-8621>
billiejo at rauchholzlibrary.org<mailto:billiejo at rauchholzlibrary.org>

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--
Ann Perrigo, Director
Allegan District Library
331 Hubbard Street
Allegan, MI 49010                               269 673-4625

aperrigo at alleganlibrary.org<mailto:aperrigo at alleganlibrary.org>

Good times or bad--your library is here for you!
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