
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--,0... 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@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