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in this article, unless the context
otherwise requires:
1. "harmful to minors"
has the same meaning as prescribed in section 13-3501, paragraph 1.
2. "public access computer"
means a computer that:
(a) is located in a public school
or public library.
(b) is frequently or regularly
used directly by a minor.
(c) is connected to any computer
communication system.
a. a public school that provides
a public access computer shall equip the computer with software that seeks
to prevent minors from gaining access to material that is harmful to minors
or purchase internet connectivity from an internet service provider that
provides filter services to limit access to material that is harmful to
minors. standards and rules for the enforcement of this subsection shall
be prescribed by the governing board of every school district.
b. a public library that provides
a public access computer shall do one or both of the following:
1. equip the computer with software
that will limit minors' ability to gain access to material that is harmful
to minors or purchase internet connectivity from an internet service
provider that provides filter services to limit access to material that
is harmful to minors.
2. develop and implement by january
1, 2000, a policy that establishes measures to restrict minors from
gaining computer access to material that is harmful to minors.
c. rules for the enforcement of
subsection b shall be adopted by the director of the arizona state library,
archives and public records.
d. a public school that complies
with subsection a or a public library that complies with subsection b
shall not be criminally liable or liable for any damages that might arise
from a minor gaining access to material that is harmful to minors through
the use of a public access computer that is owned or controlled by the
public school or public library.
ark. code ann. SS6-21-107 (2001)
(a) the board of directors of each
school district in this state shall develop and adopt a written policy
concerning student and staff use of computers owned by the district. the
written policy shall state that a system to prevent computer users from
accessing material harmful to minors shall be established and maintained
for all public access computers in the school district. the policy shall
be implemented by august 1, 2001.
(b) the written policy shall include
provisions for administration of punishment of students for violations
of the policy with stiffer penalties for repeat offenders, and the same
shall be incorporated into the district's written student discipline policy.
(c) students shall sign a computer-use
agreement form outlining proper and improper use of public access computers
prior to being allowed to access the computer equipment.
(d) for purposes of this section:
(1) "harmful to minors" has the same meaning as prescribed in SS 5-68-501; and
(2) "public access computer"
means a computer that:
(a) is located in a public
school or public library;
(b) is accessible by a minor;
and
(c) is connected to any computer
communication system such as, but not limited to, what is commonly
known as the internet.
ark. code ann. SS13-2-103 (2003)
(a) the board of directors of each library operated as an entity of the state or any city, county, or other political subdivision of the state with one (1) or more public access computers shall develop, adopt, and implement a written policy that:
(1) establishes and maintains a system to prevent a minor from gaining
computer access to materials harmful to minors as defined in SS
5-68-501;
(2) provides for:
(a) suspending the privilege
of a minor to use the public access computers if the minor violates
the policy; and
(b) revoking such a privilege
for a repeat offender; and
(3) requires each user to sign
a computer-use agreement form outlining proper and improper use of public
access computers prior to the user being allowed to access the computer
equipment.
(b) for purposes of this section, "public access computer" means a computer that is:
(1) located in a public school
or public library;
(2) accessible by a minor; and
(3) connected to any computer
communication system such as, but not limited to, what is commonly known
as the internet.
(c) copies of the standards and
rules for the enforcement of this section shall be submitted to the arkansas
state library.
mich.
comp. laws SS397.606 (2000)
restriction of internet access
to minors; immunity from liability; exceptions.
(1) if a library offers use of
the internet or a computer, computer program, computer network, or computer
system to the public, the governing body of that library shall 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:
(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.
(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.
(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.
(2) a governing body of a library,
member of a governing body of a library, library, or an agent or employee
of a governing body of a library or library, is immune from liability
in a civil action as provided in section 7 of the revised judicature act
of 1961, 1961 pa 236, mcl 691.1407.
(3) this section does not apply
to a library established by a community college district, a college or
university, or a private library open to the public.
mo.
rev. stat. SS182-825 (2005)
definitions
as used in sections 182.825 and
182.827, the following terms mean:
(1) "pornographic for minors",
as that term is defined in section 573.010, rsmo;
(2) "public access computer",
a computer that is:
(a) located in an elementary
or secondary public school or public library;
(b) frequently or regularly used
directly by a minor; and
(c) connected to any computer
communication system.
mo.
rev. stat. SS182-827.1 (2005)
responsibilities of public schools
and public libraries with public access computers--rulemaking authority--immunity
from liability, when.
a public school that provides a
public access computer shall do one or both of the following:
(1) equip the computer with software
that will limit minors' ability to gain access to material that is pornographic
for minors or purchase internet connectivity from an internet service
provider that provides filter services to limit access to material that
is pornographic for minors;
(2) develop and implement by
january 1, 2003, a policy that is consistent with community standards
and establishes measures to restrict minors from gaining computer access
to material that is pornographic for minors.
2. the department of elementary
and secondary education shall establish rules and regulations for the
enforcement of subsection 1 of this section. any rule or portion of a
rule, as that term is defined in section 536.010, rsmo, that is created
under the authority delegated in this section shall become effective only
if it complies with and is subject to all of the provisions of chapter
536, rsmo, and, if applicable, section 536.028, rsmo. this section and
chapter 536, rsmo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, rsmo, to review, to delay
the effective date or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after august 28, 2002, shall be invalid and void.
3. a public library that provides
a public access computer shall do one or both of the following:
(1) equip the computer with software
that will limit minors' ability to gain access to material that is pornographic
for minors or purchase internet connectivity from an internet service
provider that provides filter services to limit access to material that
is pornographic for minors;
(2) develop and implement by
january 1, 2003, a policy that is consistent with community standards
and establishes measures to restrict minors from gaining computer access
to material that is pornographic for minors.
4. the secretary of state shall
establish rules and regulations for the enforcement of subsection 3 of
this section. any rule or portion of a rule, as that term is defined in
section 536.010, rsmo, that is created under the authority delegated in
this section shall become effective only if it complies with and is subject
to all of the provisions of chapter 536, rsmo, and, if applicable, section
536.028, rsmo. this section and chapter 536, rsmo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, rsmo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after august 28,
2002, shall be invalid and void.
5. any public school board member,
officer or employee, including library personnel, who willfully neglects
or refuses to perform a duty imposed by this section shall be subject
to the penalties imposed pursuant to section 162.091, rsmo.
6. a public school or public school
board member, officer or employee, including library personnel, public
library or public library board member, officer, employee or trustee that
complies with subsection 1 or 3 of this section or an internet service
provider providing internet connectivity to such public school or library
in order to comply with this section shall not be criminally liable or
liable for any damages that might arise from a minor gaining access to
material that is pornographic for minors through the use of a public access
computer that is owned or controlled by the public school or public library.
acceptable internet use policies
for public and private schools.
a. every two years, each division
superintendent shall file with the superintendent of public instruction
an acceptable use policy, approved by the local school board, for the
international network of computer systems commonly known as the internet.
at a minimum, the policy shall contain provisions that (i) are designed
to prohibit use by division employees and students of the division's computer
equipment and communications services for sending, receiving, viewing,
or downloading illegal material via the internet; (ii) seek to prevent
access by students to material that the school division deems to be harmful
to juveniles as defined in SS
18.2-390
;
(iii) select a technology for the division's computers having internet
access to filter or block internet access through such computers to child
pornography as set out in SS
18.2-374.1:1
and obscenity as defined in SS
18.2-372
;
and (iv) establish appropriate measures to be taken against persons who
violate the policy. the policy may include such other terms, conditions,
and requirements as deemed appropriate, such as requiring written parental
authorization for internet use by juveniles or differentiating acceptable
uses among elementary, middle, and high school students.
b. the superintendent shall take
such steps as he deems appropriate to implement and enforce the division's
policy.
c. on or before december 1, 2000,
and biennially thereafter, the superintendent of public instruction shall
submit a report to the chairmen of the house committee on education, the
house committee on science and technology, and the senate committee on
education and health which summarizes the acceptable use policies filed
with the superintendent pursuant to this section and the status thereof.
d. in addition to the foregoing
requirements regarding public school internet use policies, the principal
or other chief administrator of any private school that satisfies the
compulsory school attendance law pursuant to SS
22.1-254
and accepts federal funds for internet access shall select a technology
for its computers having internet access to filter or block internet access
through such computers to child pornography as set out in SS
18.2-374.1:1
and obscenity as defined in SS
18.2-372
.
power and duty of library boards
and certain governing bodies regarding acceptable internet use policies.
a. on or before december 1, 1999,
and biennially thereafter, (i) every library board established pursuant
to SS 42.1-35 or (ii) the governing body of any county, city, or town
which, pursuant to SS 42.1-36, has not established a library board
pursuant to SS 42.1-35, shall file with the librarian of virginia
an acceptable use policy for the international network of computer systems
commonly known as the internet. at a minimum, the policy shall contain
provisions which (i) are designed to prohibit use by library employees
and patrons of the library's computer equipment and communications services
for sending, receiving, viewing, or downloading illegal material via the
internet, (ii) seek to prevent access by library patrons under the age
of eighteen to material which is harmful to juveniles, and (iii) establish
appropriate measures to be taken against persons who violate the policy.
the library board or the governing body may include such other terms,
conditions, and requirements in the library's policy as it deems appropriate,
such as requiring written parental authorization for internet use by juveniles
or differentiating acceptable uses between elementary, middle, and high
school students.
b. the library board or the governing
body shall take such steps as it deems appropriate to implement and enforce
the library's policy which may include, but are not limited to, (i) the
use of software programs designed to block access by (a) library employees
and patrons to illegal material or (b) library patrons under the age of
eighteen to material which is harmful to juveniles or (c) both; (ii) charging
library employees to casually monitor patrons' internet use; or (iii)
installing privacy screens on computers which access the internet.
c. on or before december 1, 2000,
and biennially thereafter, the librarian of virginia shall submit a report
to the chairmen of the house committee on education, the house committee
on science and technology, and the senate committee on education and health
which summarizes the acceptable use policies filed with the librarian
pursuant to this section and the status thereof.
