San Diego County Supervisor Dianne Jacob

DATE: July 8, 2003
TO: Board of Supervisors
SUBJECT: Filtering for All County Library Internet Computers

SUMMARY:
For more than six years, this Board of Supervisors has taken strong action to be vigilant when it comes to library patrons who access pornographic or illicit material on the Internet at County Libraries. The Board has in place one of the strictest Internet access polices in the nation and continues to strive to strengthen ways to protect our children from exposure to pornography, the effects of which can be damaging, even fatal.

Regrettably, filtering software sometimes blocks legitimate information as well as pornographic content. Therefore, placing filtering software on all Internet-enabled computers at our libraries has been limited by the threat of First Amendment rights violations.

On June 23, 2003, the U.S. Supreme Court upheld the Children's Internet Protection Act of 2000, which mandates Internet filtering software on public library computers in order to receive federal library funding. The court said because libraries can disable the filters for any patrons who ask, the Internet filtering system is not too burdensome on First Amendment claims.

In light of this Supreme Court decision, today's action will request a plan of action and funding to install Internet filtering software on every single Internet-enabled computer in all of San Diego County's 32 libraries.

Recommendation:
SUPERVISOR BILL HORN AND VICE-CHAIRWOMAN DIANNE JACOB:
Direct the Chief Administrative Officer to report to the Board of Supervisors within 60 days on the cost, legal considerations and implementation plan for installing filtering software on all County Library computers, and a protocol for adult patrons who wish to view library computers with the filter disabled.

Fiscal Impact:
Funds for this request are not budgeted. The Chief Administrative Officer will identify sources of funding.

Background:
For more than six years, this Board of Supervisors has taken strong action to be vigilant when it comes to library patrons who access pornographic or illicit material on the Internet at County Libraries. On May 23, 1997, at the recommendation of Supervisor Dianne Jacob and Pam Slater, the Board approved one of the strictest Internet policies in the nation for San Diego County Libraries. The policy required County Library staff members or library volunteers to monitor computers with Internet access, and to ensure that Internet-enabled computers be in direct view of a reference or checkout desk. Parents must sign a consent form to allow their children to use the Internet, and all children under age 18 must check in with library staff to use a computer.

On July 25, 2000, at the recommendation of Supervisor Bill Horn, the Board approved a measure to place Internet filtering software on County Library computers to further protect minors from accessing pornography or other illicit material on the Internet.

Nonetheless, these precautions and safeguards have never completely protected minors from the damages caused by pornography. Although San Diego County Libraries have filters on approximately 25% of its computers, the possibility that taxpayer dollars could be enabling a library patron to cultivate a deviant and illegal use of public property is intolerable.

The dangers of pornography to our children are quantifiable. Studies show that more than 50% of child molesters admitted viewing sexually explicit material before committing their crimes. On average, each child molester sexually abuses approximately 360 children in his lifetime.

The Internet pornography business, a $1 billion per year industry, allows molesters not only to feed their own habits, but to disguise themselves as chat-room friends, making our computer-savvy minors more vulnerable than ever. One in five minors who use the Internet report having received sexual solicitation over the Internet, and one in 33 minors receive requests to meet in person.

Fortunately, on June 23, 2003, the US Supreme Court upheld the Children's Internet Protection Act that requires public libraries to install anti-pornography filtering software on computers under the threat of losing federal library funding. In this welcome decision, the court majority argued that the burden of disabling a filter for one user is outweighed by the benefit of protecting many others, including children, from being exposed to pornography.

The County's 32 Libraries routinely restrict the purchase or introduction of explicit sexual material such as magazines or videos from being displayed or available to the general public. Courts have ruled that libraries are limited public forums. We believe that where a library does not offer pornographic content in its print or video collection, it is not censorship to continue the same policy on the Internet. Not having an obligation to "provide" is not the same as "censoring."

Elected officials have a duty to protect the innocence of children. The money spent for Library Internet filters is a small price to pay for protecting the most vulnerable among us. We urge our colleagues' support.

Respectfully submitted,

BILL HORN
Supervisor, Fifth District

DIANNE JACOB
Vice-Chairwoman, Second District