Slashdot Mirror


ACLU And Others Weigh In On CIPA Injunction

A report on censorware.net has an update on the legal fight over the Children's Internet Protection Act; yesterday the ACLU, ALA and others filed briefs supporting the injunction calling CIPA unconstitutional issued by a three-judge court last May. The Supreme Court will hear the case on March 5th. (A search on "CIPA" is a good way to catch up on this act, which is basically about installing mandatory censorware on child-accessable publicly funded computers.)

21 of 357 comments (clear)

  1. Others more important? by lpret · · Score: 4, Interesting

    I think this issue, and many others, all come down to one simple question, " Are some people's rights more valuable than others? " I don't think the constitution supports that. Simply because kids could access a computer, why should it be censored when there are users who's rights will then be violated if they use it?

    --
    This is my digital signature. 10011011001
    1. Re:Others more important? by Anonymous+Cowtard · · Score: 3, Insightful

      Refresh my memory... where in the Constitution or Bill of Rights is Internet access defined as a "right"?

      Why do you have a "right" to look at tits in a library?

    2. Re:Others more important? by Tyriel · · Score: 5, Insightful

      The argument in this case is not over principles but over methods (well, the intelligent argument anyway). Nobody is advocating that we should do nothing to help protect children from porn and other objectionable content. The important point is that it should be the PARENTS doing this, and deciding what is appropriate and what is not - not the government. Even if the government is going to set some minimum standard, its methods for enforcement should not include mandatory (And often *overly* restrictive) software.

      The ACLU's main point, as I see it, is that the protection of children from porn has become an "overvalued idea", and with this legislation is running rampant over the legitimate free speech rights of many other groups, such as those who want to use computers in libraries to browse the internet. If you can't do a research project on breast cancer, that may not be an ordeal worth jumping up and down screaming over, but it's a step in a very wrong direction.

      --
      -Steve
    3. Re:Others more important? by Fwonkas · · Score: 3, Insightful
      Refresh my memory... where in the Constitution or Bill of Rights is Internet access defined as a "right"?

      Neither the Constitution nor the Bill of Rights specifically grant the right to do a lot of things. They are meant to be interpreted. From certain inalienable rights are derived specific ones. We wouldn't need the judicial or legislative branches as they exist now if everything was spelled out cold.

      The Constitution doesn't say whether I can wear a shirt. Do I have a "right" to wear a shirt that has controversial content? Maybe, maybe not. But you're not going to get the answer by saying, "Well, the constitution doesn't mention anything about shirts with the F-word on them, so don't expect to be allowed to wear it." You'll get a better answer looking at the general right to freedom of speech (and, of course, any applicable amendments to that right).

      --
      COMPUTER! Whatever happened to Blueberry Muffin?
  2. Montel Williams Is My Cousin by Acidic_Diarrhea · · Score: 5, Interesting
    Strangely enough, I'm on the same side as the ACLU on this one. I don't find myself here very often!

    But anyway, kids need to be kept away from pornographic sites - that's clear. In the home, that's the job of the parents. In the library, that's the job of the library. Parents should be able to view the library as a trusted place to leave their kids. What needs to happen is that computers need to be available to kids which do have censorware installed but there also needs to be either a room that only adults are allowed into where computers free of censorware are available OR, upon issuing a library card, adults receive a password and user name to disable the censorware. That way, if kids are caught bypassing the censorware with a password, we can find out which user lost/lent his card to the wrong set of kids.

    I don't want kids to look at naughty sites but I want people without Internet access to enjoy the fun of porno-babes as much as I do....well, not as much since they're in a public place. ;-)

    --
    I hate liberals. If you are a liberal, do not reply.
    1. Re:Montel Williams Is My Cousin by Jordy · · Score: 4, Insightful
      But anyway, kids need to be kept away from pornographic sites - that's clear.
      The hell it is. The human body is nothing to be ashamed of and there is nothing "wrong" with nudity or sex. If seeing pictures of a person naked caused any real harm to children, then a good 25% of the damn US should show signs of it shouldn't they? Or do you actually believe that the first time the average boy sees a naked girl is when they turn 18?

      Ignorance of sex is far worse than exposure to it. You are just forcing your child to learn about it from someone else in an uncontrolled setting.
      In the library, that's the job of the library. Parents should be able to view the library as a trusted place to leave their kids.
      The library is not a day care center. The government is not a surrogate father. A parent's responsibility does not end when a child is in a "public" place.

      Would you leave your child alone in any other government building and expect others to take care of him?
      What needs to happen is that computers need to be available to kids which do have censorware installed but there also needs to be either a room that only adults are allowed into where computers free of censorware are available OR, upon issuing a library card, adults receive a password and user name to disable the censorware.
      No, what needs to happen is that parents should stop being their child's friend and start being their damned parent. You don't want your child looking at certain things? Teach them that it isn't ok to do so!

      I mean, I assume most parents told their children at one point or another that jumping out of windows wasn't good for them.

      Call me crazy, but I think this "communication" thing shows some promise.
      I don't want kids to look at naughty sites but I want people without Internet access to enjoy the fun of porno-babes as much as I do
      Damn it. Look. Believe it or not, there are actually parents out there that don't mind their children looking at naked people. I know that sounds amazing, but it is quite true. What gives you the right to enforce your misguided sense of morality on them?
      --
      The world is neither black nor white nor good nor evil, only many shades of CowboyNeal.
    2. Re:Montel Williams Is My Cousin by Saeger · · Score: 3, Interesting
      My thoughts exactly.

      You don't see Europeans running wild in the streets humping everything in site, yet they're exposed to "strong" nudity everywhere growing up.

      Still, I'd be interested in learning of the evolutionary psychology behind Puritanical views on sex. Maybe it's simply that as people age they get bitter and embarrased by sexuality, and so take it out on the young? Or maybe keeping sex taboo actually serves to keep society more stable overall (and less stable in other -repressed- ways)?

      --

      --
      Power to the Peaceful
  3. ACLU, wrong again by ObviousGuy · · Score: 5, Insightful

    The CIPA does not stifle free speech in any way. Blocking sites of prurient interest does not prevent anyone from accessing those sites, only at public libraries and public schools. As the ACLU has no problem with the CIPA in regards to public schools, it is obvious they see something wrong with preventing Tom the Bum from jacking off in the back corner of the library.

    The reason libraries exist is to provide a place where the common good can be supported through the availability of writings and research. Since pornography serves no common good it stands to reason that libraries can be required to block it. Supporting the common good sometimes means blocking those things which would erode the common good.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:ACLU, wrong again by Cyno01 · · Score: 5, Funny
      pornography serves no common good
      You're new here, right?
      --
      "Sic Semper Tyrannosaurus Rex."
    2. Re:ACLU, wrong again by praksys · · Score: 3, Interesting

      Blocking sites of prurient interest does not prevent anyone from accessing those sites, only at public libraries and public schools.

      A fairly large segment of the adult US population does not have access to newspapers, books, or the internet, except through public libraries. A very large segment of the child population has no access to these things except through public libraries or through schools. Adults certainly have a 1st amendment right to such access, and children ought to have a similar right.

      Even if this were just a matter of preventing access to porn there would be a reasonable 1st amendment argument here. As it happens there is a lot more at stake, and a very strong first amendment argument. The sort of software mandated by CIPA often blocks political sites and health information sites. The courts usually take a dim view of any law which makes it harder for people, especially poor people, to get this kind of information.

  4. This amicus brief quote says it all by FunWithHeadlines · · Score: 5, Interesting
    " Because libraries lack the technological capability to block the Internet in any narrowly tailored fashion, CIPA's "technology protection measure" requirement effectively forces them to use commercial blocking software. Commercial blocking software is, however, ill-suited to the requirements of the First Amendment. First, the current market does not offer products designed to filter out only the low-value speech barred by CIPA. As a consequence, the blocking software currently available on the market purposefully blocks far broader categories that include protected speech. Second, companies that produce blocking software have little incentive to tailor their products narrowly. To the contrary, because underblocking, not overblocking, generates complaints, these companies have strong economic incentives to design their software to block in an overbroad fashion. Third, commercial blocking software companies can, and in some instances do, use criteria that systematically discriminate against certain viewpoints. As a consequence, CIPA's "technology protection measure" requirement forces libraries to regulate speech in manner that is systematically overbroad and that can involve viewpoint discrimination."

    So libraries are de-facto forced to use commercial blockers. Commerical blockers block more sites than they should. They have economic incentives to block more sites than they should. And they have little consequence if they block sites that they personally just don't care for, if they idealogically oppose a site.

    You could hardly ask for a more ham-handed solution to the problem.
    --------

  5. One question I have to consider... by Kalewa · · Score: 4, Informative

    By doing this are we going to encourage a whole generation of kids to learn to break systems so they can get uncensored access to the internet? How much time will libraries spend cleaning up after budding hackers?

  6. The Simple Solution by $$$$$exyGal · · Score: 4, Funny
    Only show "adult" internet content after 10:00pm (9:00pm central and mountain). If we just do that, the kids will be safe.

    You know at least three congressmen have considered pitching that idea ;-)

    --sex

    --
    Very popular slashdot journal for adul
  7. Here's an idea... by Cyno01 · · Score: 3, Informative

    We've all heard the arguments about breast cancer reports and what not, so i dont think software is good enough yet to not filter out useful stuff. Why not just have the computers in plain view of the librarians desk, esp in the kids section. My library only has about 10 net connected computers, and its in my experience, a huge library. It isn't unreasonable for one of the librarians to keep an eye on the 3 net computers in the kids section. As for schools, maybe schools should hire computer teachers as opposed to computer class teachers who just sit there reading their e-mail and playing solitaire while telling us to practice with typing tutor. At home its a no brainer, parents, keep an eye on your kids!

    --
    "Sic Semper Tyrannosaurus Rex."
  8. Wanna protect children in libraries? by spoonboy42 · · Score: 4, Insightful

    Outlaw adware!

    Well, not outright, but require clear and consistent labeling of software which may hijack web browsers and display additional, unwanted content. Also, a universal opt-out system for adware and unauthorized browser redirections might be useful.

    I've come to this conclusion as a library employee. Mandatory censorware is largely inneffective, as we've seen time and time again in the over and under-blocking of basically every commercial censorship "solution". Parental supervision is a hell of a lot more effective (not to mention constitutional) in preventing access to objectional content, anyway. The problem is when the parent simply can't control what is displayed on the screen in the blink of an eye. I've had to deal with some pretty irate patrons (thankfully no little kids yet) who demand to know why unwanted porn suddenly appears on their monitors. I've taken to running ad-aware checks on all the patron computers frequently. Our security setup also prevents unauthorized software installations (unless they install via ActiveX in IE. Thanks Microsoft Security!). Even so, that's not enough to prevent javascripts (many times contained in otherwise innocuous spam email) from popping up anything they want. And before someone suggests it, I HAVE installed Mozilla on several of the workstations and enabled pop-up blocking, but most users who come to the library to surf have no idea what's going on and simply revert to Internet Explorer because they think it IS the Internet.

    --
    Anonymous Luddite: "What do you think of the dehumanizing effects of the Internet?"
    Andy Grove: "Not Much."
  9. Stop! Stop Now! by jpt.d · · Score: 3, Funny

    They must stop this madness now!

    Do you think I want children 'researching' oral sex, or discusting masturbation in a public library? It is completely evil!

    If this doesn't go past, you will automatically start to see bums jacking off in libraries!

    Or gay rings in public schools!

    We Must Put a Stop to This!

    This holy law must be passed!

    --
    What we see depends on mainly what we look for. -- John Lubbock Now search for that bug slave!
  10. Re:Does anyone else find this ridiculous? by Jeremy+Erwin · · Score: 4, Insightful

    Sure, why don't we allow print pornography in public libraries too?
    My college library has a collection of Playboy (and it's not alone). Some people consider it to be pornographic.
    Traditional libaries are constrained by budget limitations-- so pornography is usually not aquired because other books and journals are considered to be more important. In addition, pornography might present a bit of a theft risk.
    This is not about the first amendment. It is about moral values.
    Are you trolling here? The first amendment allows Americans to remain blessedly free of state-sponsored religion, and state-sponsored morality.

  11. One implementation... by chill · · Score: 4, Interesting

    My local library -- Spokane County, WA -- seems to have found a reasonable compromise.

    When obtaining a library card for a minor, if they want Internet access they need a parent/guardian to sign off on it.

    The library cards are barcoded and that is used to activate the Internet terminals.

    To sign off, a parent basically signs a form saying "no access", "filtered access" or "unfiltered access". It is explained to them that "filtered access" is a "best effort only" and that the library staff aren't babysitters or the moral guardians of your children.

    It seems to have placated the locals -- very few complaints have been generated.

    --
    Learning HOW to think is more important than learning WHAT to think.
  12. Fear by brettlbecker · · Score: 4, Insightful
    I ask myself again and again why we think it is a good idea to blindfold children, and I can never come up with a better answer than, "... we're afraid of them seeing what we're afraid of seeing in ourselves." Why do we ban books? What are we afraid of? Might the words on the page, the pictures in magazines and on the internet control us?

    Why should children need to have our hands over their eyes? Haven't we learned by now that children are far more perceptive than we are... that they are far better at teasing information out of even the smallest rivulets of a source. That they can find out what they want to know, regardless of how much banning and blocking and praying and moralizing we do.

    Let children learn. Let them turn into adults who won't fear each other and themselves.

    B

    --
    "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
  13. Why is the internet different? by commodoresloat · · Score: 3, Insightful

    Why is the Internet different from books in this way? The internet carries information, so do books. You can find tits in both places. The Constitution protects your right to look at tits in books or on computers whether or not you have breast cancer. Having a right to the internet is no different from having a right to read and write books or a right to produce or receive information from any other source. The fact that public access to the internet (or to library books) is paid for by taxpayers is more reason for it to be protected by the first amendment, not less, as you imply here. A private institution can censor without fear of running afoul of the Constitution; a public institution is legally bound to respect the rights protected by the Constitution. There is nothing about the internet that makes it inherently less worthy of protection than other media of expression. And, in fact, the courts have ruled quite the opposite - that the internet is worthy of more protection than, for example, television (because the internet is more of a participatory medium).

  14. Ooh! Ooh! Brilliant solution! by Jester99 · · Score: 3, Insightful

    Okay. This might sound far-fetched, but here goes:

    To hell with blocking software. It doesn't work.

    But consider this: nothing physically prevents you from bringing a copy of Penthouse into the library, sitting down in a nice reading chair, spreading it open, and eyeing the pages. Yet, nobody does this. Why not? Oh, because people would raise a stink!

    So here's a solution. Take all the computers in the library. And put them in view of the circulation desk. That way, if the old granny librarian behind the counter sees two eight year old boys giggling over pages of porn, she can walk over there and shut off the screen or something.

    Tada! Problem solved.

    The "accidentally stumbles" argument is bullcrap. I mean, let's face it. It is *hard* to "accidentally stumble" on porn. The possible exception would be if you go to a warez site. They sometimes redirect you to porn. But, uhm, why would you go to a warez site in the library either?

    If you're in a library and using a computer, you're not playing games and looking at porn. You're there to do work. Research. Look for books. File tax returns online. Typing in the name of the latest Harry Potter book to get more info about it is hardly going to lead to kids seeing porn.

    If you put people in a public place, they're not going to act indecently. If they do, you kick 'em out and don't invite them back. But just as there's nothing tangible preventing you from bringing dead-tree smut into a library, there's no need for anything that censors the 'net either.