[Michlib-l] Wireless Internet--Minors Access

[Michael McGuire]

I'd like to strongly concur in this response from Sheryl Cormicle Knox to the question concerning wireless internet access. 


"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."

There are other ways. Filtering software is - invariably - over-inclusive or 
under-inclusive (and libraries often let or encourage commercial 
filtering providers filter material that has thing to do with obscenity 
and harmful sexual content) and even, if properly categorized, often 
filters out material that is clearly not covered by this badly written 
and obsolete law.  The law covers ONLY "obscene 
or sexually explicit matter harmful to minors." 


I would note that the " parent next to the minor" rule restrict access to ALL internet access to minors unless the parent is present and "sitting next to the minor." The minor can't use the internet AT ALL without the parent. The law does require the parent to accompany the minor. There 
is no definition of that word. It says nothing about "sitting next to 
the minor." Why couldn't the parent stand, for example? Why couldn't the parent step away while still viewing the screen? 


The State of Michigan publishes this in Power Point:

PA 212
 
•Focus is on minors only, not adults
Amended section 6 of MCL 397.606 as added by PA 37 requiring
the governing body of the library to adopt and require enforcement of a
policy that restricts access to minors to the Internet or computer
systems in 1 of the following ways:
 
•(a) Both of the following:
–(i) By making available, to  individuals of any age, 1 or more terminals that are
restricted from receiving obscene matter or sexually explicit matter that
is harmful to minors;  AND
–(ii) 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.
 
OR
 
•(b) By utilizing a system or method that is designed to
prevent a minor from viewing obscene matter or sexually explicit matter that is
harmful to minors.
–Possibilities:
Internet filtering
Monitoring
 
In Michigan, you must comply with PA 212 whether or
not you apply for E-rate funds.
 
www.michigan.gov/documents/mde/lm_CIPA_PA212_300204_7.ppt
 
And, of course, this whole law and policy concern doesn’t address the
situation in which a minor (ages 0-18) is accompanied by a parent who sits next
to them and monitors the minors internet usage <or where the parent is using
the internet and a minor is sitting next to the parent> and the minor can
nonetheless see material that violates the statute on an adjacent or nearby
computer operated by an adult in violation of the law and/or library policy. 
 
This happened in Owosso, MI in 2009. 


WiFi networks barely existed in 2000 when this law went into effect. It 
applies only to libraries. It doesn't apply to McDonalds, coffee shops, 
community colleges, or most other institutions where minors can get 
unfiltered internet access. They are now almost ubiquitous. An under 18 
college student would be required to bring his or her parent to the 
library under the "sitting next to the minor" rule in order to use 
unfiltered internet. It seems likely that this law - where a wireless 
network is concerned - only impacts those areas where no other Wifi is available or where the family is too poor to afford it. This may 
explain why many libraries seem not to have objections registered to 
having filtered or "sit next to the minor" unfiltered internet use. To 
most minors and parents, it's irrelevant. 


Another perspective.

Michael D. McGuire
Grand Rapids, MI
mdmcguire at yahoo.com


 “Of all
tyrannies, a tyranny sincerely exercised for the good of its victims may be the
most oppressive. It would be better to live under robber barons than under
omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep,
his cupidity may at some point be satiated; but those who torment us for our
own good will torment us without end for they do so with the approval of their
own conscience.”  


C.S. Lewis
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