Families, Filtering, and Libraries

1. Families, Filtering, and Libraries Barry Fagin, PhD Co-founder, Families Against Internet Censorship 1997 NYLA Annual Conference

2. Who we are and why we care about this issue • Grassroots group, international organization. • Virtual community: Most members have never met face to face. • All members have internet access and at least one child living at home Barry Fagin, 1997 NYLA Conference

3. Overview • Personal background • History of FAIC, CDA • Visit FAIC web site • Position on Internet Filtering • Position on Internet Filtering in Public Libraries • “Real-World” Scenarios Barry Fagin, 1997 NYLA Conference

4. Personal Background • Barry Fagin -- PhD from UC Berkeley, computer science professor, online since 1982 • Michele Fagin -- JD USF, admitted to bar in 4 states, full time mom for 9 years Parents of Max (9) and Erica (7), both active net users Barry Fagin, 1997 NYLA Conference

5. History of FAIC and CDA 1996 1997 1998 DEC Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

6. CDA signed into law. FAIC joins plaintiffs group. History of FAIC and CDA 1996 1997 1998 DEC FEB Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

7. CDA signed into law. FAIC joins plaintiffs group. History of FAIC and CDA CDA case argued in Phil. Court of Appeals 1996 1997 1998 DEC FEB MAR Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

8. CDA signed into law. FAIC joins plaintiffs group. History of FAIC and CDA CDA case argued in Phil. Court of Appeals 1996 1997 1998 DEC FEB MAR JUN DOJ enjoined from enforcing CDA. DOJ appeals. Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

9. CDA signed into law. FAIC joins plaintiffs group. History of FAIC and CDA CDA case argued in Phil. Court of Appeals Supreme Court hears oral argument. 1996 1997 1998 DEC FEB MAR JUN MAR DOJ enjoined from enforcing CDA. DOJ appeals. Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

10. CDA signed into law. FAIC joins plaintiffs group. History of FAIC and CDA CDA case argued in Phil. Court of Appeals Supreme Court hears oral argument. 1996 1997 1998 DEC FEB MAR JUN MAR JUL DOJ enjoined from enforcing CDA. DOJ appeals. Court issues ruling in Reno v. ACLU et al. CDA found unconstitutional (Unanimous!) Passage of CDA appears likely. FAIC formed. Barry Fagin, 1997 NYLA Conference

11. FAIC Web Site • Resources for online parenting, censorship issues shell.rmi.net/~fagin/faic • Filtering links • Personal statements from our members Barry Fagin, 1997 NYLA Conference

12. Internet Filters: Exclusive and Inclusive • Exclusive filters have default connectivity: “You can’t read these books, but everything else is OK” • Inclusive filters have default blocking: “You can only read these books, everything else is banned” Barry Fagin, 1997 NYLA Conference

13. Problems with exclusive filters: • Most companies view list of blocked sites as proprietary, intellectual property. (Encryption used, however, can be embarrassingly primitive). • Not good if you need to know what was blocked and why. Barry Fagin, 1997 NYLA Conference

14. Keyword blocking is hard to do properly. Need context, hard AI problem. • Moby Dick • Scunthorpe, UK web sites • John Sexton (Dean, NYU School of Law) Barry Fagin, 1997 NYLA Conference

15. Problems with inclusive filters: • Conflict with dynamic nature of WWW. Virtually impossible to keep current. • Presents sanitized, miniscule portion of virtual world to users Barry Fagin, 1997 NYLA Conference

16. FAIC Position on Internet Filtering • It is a parent’s responsibility, privilege, and right to determine what their children see on the net. • Filtering software can help many parents do this. • “Technology provides more control over what comes into your home than any act of Congress ever could.” Barry Fagin, 1997 NYLA Conference

17. FAIC Position on Internet Filtering in Libraries • FAIC is opposed to the blanket installation of filtering software in public libraries • Several reasons ... Barry Fagin, 1997 NYLA Conference

18. Antithetical to library mission • Mission of public libraries is to improve public’s access to information, provide access to as much information as possible • Filtering software conflicts with this goal Barry Fagin, 1997 NYLA Conference

19. Family values vary widely • Some families rely heavily on filtering software, others don’t use it at all • Good parenting requires making fine distinctions. Material that my children aren’t ready for now, but will eventually permit access as they mature. Library terminals with filtering software can’t make that kind of distinction. Barry Fagin, 1997 NYLA Conference

20. Filtering software constrains the virtual world • Using blockers restricts the online world that adults can see to one fit only for children. • Supreme Court has explicitly ruled similar restrictions unconstitutional for print media Barry Fagin, 1997 NYLA Conference

21. Trust issues: whose interests are paramount? • Mandatory blocking software on library terminals values parents who do not trust their children over those who do • (If that is other side’s intention, they should say so.) Barry Fagin, 1997 NYLA Conference

22. Other mechanisms exist • Use computer cards for terminal access • Require signed document for minors and their parents indicating awareness of policies regarding computer use Predicted librarian reaction: Barry Fagin, 1997 NYLA Conference

23. Exception: children’s areas • If the library has a separate children’s area with internet access, many of these concerns are not relevant • Recommend inclusive filter. Prevents incidents with high shock value, “sanitized” view of internet not important issue for small kids Barry Fagin, 1997 NYLA Conference

24. “Real-World” Scenarios • Where pressures for filtering will come from • Arguments that will be made • How to respond Barry Fagin, 1997 NYLA Conference

25. Personal experiences • Live in Colorado Springs, “Focus on the Family” headquarters, culturally conservative town • Member of Temple Shalom • Teach at US Air Force Academy, military institution Barry Fagin, 1997 NYLA Conference

26. Who is on the other side? • Good people, committed to living moral, integrated lives. Want to do the right thing. • Genuine love for America, desire to help country • Genuine anger with America’s problems • Keep all this in mind, avoid demonization. Barry Fagin, 1997 NYLA Conference

27. Scenario A: I don’t want my kid watching porn on the internet! Barry Fagin, 1997 NYLA Conference

28. Response: “Then tell him to stop looking for it.” • Remember: the Net is an interactive medium. It is not like TV! • Everything on the net has to be sought out by a user. Barry Fagin, 1997 NYLA Conference

29. “But I can’t supervise him all the time!” • Neither can the library • A parent who can’t trust his child deserves compassion and understanding. • He does not deserve to have a policy that hurts others as compensation. Barry Fagin, 1997 NYLA Conference

30. Scenario B: You don’t have hard core pornography on your shelves. Why should you have it on your computers? Barry Fagin, 1997 NYLA Conference

31. Response: • Metaphor is wrong. It takes effort to get books for your collection; no effort involved in not stocking something. • Opposite is true online. It takes no effort to include portions of the web. It takes effort to exclude them. Barry Fagin, 1997 NYLA Conference

32. Note: watch for phrase “hard core pornography” • Supreme Court has ruled that it’s not entitled to First Amendment protection (obscenity). • Individuals who make it available to minors on the net can (and have been) successfully prosecuted. • Big issues are with more controversial topics Barry Fagin, 1997 NYLA Conference

33. Scenario C: But what if a kid sees something by accident? Barry Fagin, 1997 NYLA Conference

34. Response: • The odds of encountering an inappropriate image (one containing graphic violence or sexual content) accidentally are incredibly small. The stories you’ve heard are just that: stories. Barry Fagin, 1997 NYLA Conference

35. Response: • What you can encounter are linksto unexpected sites, as a result of a query to a search engine. • Try some examples ... Barry Fagin, 1997 NYLA Conference

36. Pretend you had access to every printed book ever written. Would you really want to see every book that contains the word “women”? Would you be surprised if some of those books were inappropriate for children? • This type of scenario will vanish over time as users become more sophisticated. Even kids will get the hang of it, probably faster than their parents. Barry Fagin, 1997 NYLA Conference

37. When you hear a horror story, ask some critical questions. • What was the URL? How did you find it? Show me how to visit it so we can track down the individuals responsible. • Confirm that it wasn’t just search engine related. Barry Fagin, 1997 NYLA Conference

38. Deliberate Misuse and Shock Value • It is trivial for someone who wants to create controversy to bring up disturbing material on any computer connected to the internet, filtered or not. • Several unpleasant scenarios possible Barry Fagin, 1997 NYLA Conference

39. Malicious user can disable filter • Bring in floppy disk • Store images on personal web site and upload • Little can be done to prevent a determined user. Get technically knowledgeable people on staff, can help make computers less vulnerable. • Protect yourself, your staff, and the institution Barry Fagin, 1997 NYLA Conference

40. Scenario D: I don’t want my tax dollars supporting pornography! Barry Fagin, 1997 NYLA Conference

41. Response: • Emphasize that no web sites, pornographic or otherwise, get any tax dollars from the library • (You may pay an ISP with adult-oriented newsgroups or chat rooms, but those are separate from the library’s connection) Barry Fagin, 1997 NYLA Conference

42. Scenario D: Well, I don’t want my tax dollars supporting kids looking at pornography! Barry Fagin, 1997 NYLA Conference

43. Response: “Neither do we.” • “That’s why we have appropriate use policies, and why anyone who misuses our facilities will lose the right to use them” • Online policies should require parent and minor child signatures, include liability waiver drafted with advice of counsel Barry Fagin, 1997 NYLA Conference

44. Encourages parents and kids to talk about this issue • Protects library and librarians, spells out limitations of blocking technology • Makes expectations clear Barry Fagin, 1997 NYLA Conference

45. Helping Parents, Even if They’re Ignorant :-) • Have policies in place that permit parents to structure their child’s internet access: computer access card • Options must include having no access at all • If you have to have some filtered machines, make “filtered only” an option as well Barry Fagin, 1997 NYLA Conference

46. Q: Isn’t FAIC being hypocritical, saying that filters are a bad idea but that parents should be allowed to keep their kids off the net at a public library? • No. We have a consistent, principled stance on allowing parents to determine what their kids can see online. That includes seeing nothing at all. Barry Fagin, 1997 NYLA Conference

47. We recognize the political climate that many libraries function in. If you are required to filter some terminals, having different types of computer access is a reasonable accommodation to parents. (Make sure policy spells out limitations of blocking technology!) • Culturally conservative parents are taxpayers too. Try to imagine how they feel. Barry Fagin, 1997 NYLA Conference

48. Predicted librarian reaction: • Restricting what young people see, particularly teenagers, may not be popular with this audience. • Some extra work involved in allowing parents input into their child’s computer activities at the library Barry Fagin, 1997 NYLA Conference

49. “Just do it.” • Supporting parents cuts across political lines • Builds community, reduces tension • Parenting today is hard enough already. We need all the help we can get. Barry Fagin, 1997 NYLA Conference

50. Conclusions • FAIC supports parents’ use of filtering software • FAIC is opposed to blanket filtering in public libraries, but supports use of filtering on some computers if constituent parents want it • Recommend use of explicit online policies drafted with attorney, require parent and child signature • Help all kinds of parents, from those who let their kids anywhere on the net to those who don’t let them near it. Barry Fagin, 1997 NYLA Conference