PRIOR PRINTER'S NO. 3067 PRINTER'S NO. 4181
No. 2324 Session of 2000
INTRODUCED BY EGOLF, TRUE, THOMAS, FLEAGLE, HUTCHINSON, FARGO,
ARMSTRONG, READSHAW, SOLOBAY, GEORGE, ROHRER, BUNT,
YOUNGBLOOD, SCHRODER, HENNESSEY, ADOLPH, E. Z. TAYLOR, BLAUM,
GORDNER, HESS, MASLAND, HERSHEY, PISTELLA, WOJNAROSKI,
S. H. SMITH, WOGAN, STERN, ZIMMERMAN, CORRIGAN, HARHAI, WILT,
McNAUGHTON, YEWCIC, FORCIER, BENNINGHOFF, SAYLOR, METCALFE,
BIRMELIN, BARRAR, LYNCH, CLARK, CLYMER, ZUG, GEIST, MARSICO,
PLATTS, BROWNE, FLICK, BAKER, TRELLO, STRITTMATTER, SCHULER
AND HABAY, FEBRUARY 28, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 14, 2000
AN ACT
1 Providing for protection of children from obscene material,
2 child pornography and other unsuitable material on the
3 Internet in public schools and public libraries.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Child
8 Internet Protection Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) The Commonwealth has a compelling interest and duty
12 to protect children from exposure to obscenity, child
13 pornography and other material harmful to minors.
14 (2) The Commonwealth has a compelling interest in
1 preventing any user from accessing obscene material and child
2 pornography within a public school or public library setting.
3 (3) There is a need to balance the goal of providing
4 free access to educationally suitable information sources on
5 the Internet against the compelling need and duty to protect
6 children from contact with sexual predators and from access
7 to obscene material, child pornography and material harmful
8 to children.
9 (4) The Commonwealth has a compelling interest and duty
10 to protect children against the adverse secondary effects of
11 permitting Internet access to obscenity, child pornography
12 and material harmful to minors available within a public
13 library setting since the availability of such material will
14 attract pedophiles and other sexually disturbed persons who
15 present a danger to children.
16 (5) Pornography in a public library or school setting
17 can create a hostile environment constituting sexual
18 harassment.
19 (6) The Commonwealth has a compelling interest and duty
20 to take reasonable steps to prevent the creation of a hostile
21 environment in public schools and libraries and to prevent
22 the sexual harassment of students, library patrons, library
23 staff and other persons.
24 Section 3. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Acceptable-use policy." A policy for Internet usage that
29 meets the requirements of this act which is acceptable to and
30 adopted by a school board or a governing body of a public
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1 library.
2 "Aggrieved parent or guardian." The parent or guardian of:
3 (1) A student who attends a public school within a
4 school district that is the subject of an enforcement action.
5 (2) A child under 17 years of age who has library
6 privileges at a public library that is the subject of an
7 enforcement action.
8 "Child pornography." As described in 18 Pa.C.S. § 6312
9 (relating to sexual abuse of children).
10 "Court of common pleas." The court of common pleas of the
11 county in which a school district or public library that is the
12 subject of the enforcement action is situated.
13 "Department." The Department of Education of the
14 Commonwealth.
15 "District attorney." The district attorney of the county in
16 which a school district or public library that is the subject of
17 the enforcement action is situated.
18 "Harmful to minors." As defined in 18 Pa.C.S. § 5903
19 (relating to obscene and other sexual materials and
20 performances).
21 "Obscene." As defined for purposes of "obscene materials" in
22 18 Pa.C.S. § 5903 (relating to obscene and other sexual
23 materials and performances).
24 "Public library." A library, other than a college,
25 university or public school district library, that is
26 established or maintained by the Commonwealth, a political
27 subdivision or an authority or which receives State aid pursuant
28 to Article III of the act of June 14, 1961 (P.L.324, No.188),
29 known as The Library Code.
30 "School board." The board of directors of a school district.
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1 "Secretary." The Secretary of Education of the Commonwealth.
2 Section 4. School district Internet policies.
3 (a) Acceptable-use policy.--Within 180 days after the
4 effective date of this act, each school board shall establish an
5 acceptable-use policy for the international network of computer
6 systems commonly known as the Internet. At a minimum, the policy
7 shall contain provisions which are reasonably designed to:
8 (1) Prevent students of the school district or any other
9 person from using any computer equipment and communications
10 services owned or leased by the school district for sending,
11 receiving, viewing or downloading material, the character of
12 which is such that it is reasonably believed to be obscene or
13 child pornography or harmful to minors and which prohibit the
14 use of such equipment and services for those purposes.
15 (2) Establish appropriate measures to be taken against
16 students and other persons who willfully violate the school
17 district's acceptable-use policy.
18 (3) Provide for expedited review and resolution of a
19 claim that the policy is denying a student or other person
20 access to material that is not within the prohibition of the
21 acceptable-use policy.
22 (b) Implementation and enforcement.--The school board shall
23 take such steps as it deems appropriate to implement and enforce
24 the school district policy, which shall include, but need not be
25 limited to:
26 (1) use of software programs reasonably designed to
27 block access to material, the character of which is
28 reasonably believed to be obscene, child pornography or
29 harmful to minors; or
30 (2) selection of on-line servers that block access to
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1 material, the character of which is reasonably believed to be
2 obscene, child pornography or harmful to minors.
3 (c) Adoption of policy.--The school board may adopt a school
4 district policy that seeks to prevent student access to Internet
5 material which is pervasively indecent and vulgar or which is
6 not reasonably related to legitimate pedagogical concerns, as
7 specifically defined by the policy.
8 (d) Copy of policy for parents or guardians.--The A school <--
9 district shall annually provide the parent or guardian of each <--
10 student with PROVIDE, UPON REQUEST OF A PARENT OR GUARDIAN, a <--
11 copy of the acceptable-use policy it has adopted under this
12 section.
13 (E) CHARTER SCHOOLS.--A CHARTER SCHOOL LOCATED WITHIN A <--
14 SCHOOL DISTRICT SHALL COOPERATE WITH THE SCHOOL DISTRICT IN
15 IMPLEMENTING AND ENFORCING THE SCHOOL DISTRICT'S ACCEPTABLE-USE
16 POLICY IN THE CHARTER SCHOOL.
17 Section 5. Public library Internet policies.
18 (a) Acceptable-use policy.--Within 180 days after the
19 effective date of this act, the governing body of every public
20 library shall establish an acceptable-use policy for the
21 international network of computer systems commonly known as the
22 Internet. The policy shall contain provisions which are
23 reasonably designed to:
24 (1) Prevent any person from using the library's computer
25 equipment and communications services for sending, receiving,
26 viewing or downloading material, the character of which is
27 reasonably believed to be obscene, child pornography or
28 harmful to minors.
29 (2) Establish appropriate measures to be taken against
30 persons who willfully violate the policy.
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1 (b) Implementation and enforcement of policy.--The governing
2 body of the public library shall take such steps as it deems
3 appropriate to implement and enforce the requirements of
4 subsection (a). These steps shall include, but need not be
5 limited to, the following:
6 (1) the use of software programs designed to block
7 access by any person to material, the character of which is
8 reasonably believed to be obscene, child pornography or
9 harmful to minors; or
10 (2) the selection of on-line servers that block access
11 by any person to material, the character of which is
12 reasonably believed to be obscene, child pornography or
13 harmful to minors.
14 (c) Expedited review procedure.--Each public library shall
15 establish an expedited procedure for the review and resolution,
16 by personnel designated for this purpose, of any claim that a
17 software program or other policy of the public library is
18 denying a user access to material that is not within the
19 prohibition of this section for that user.
20 (d) Appeal.--A person aggrieved by an adverse decision of a
21 public library regarding access to Internet material or by
22 failure of a public library to make a decision within two
23 business days after making a request for Internet access may
24 file an appeal with the court of common pleas. The court shall
25 hold a de novo hearing within three business days after the
26 appeal is filed and shall issue a final decree within 24 hours
27 after the close of the hearing. The public library shall have
28 the burden of proof in the judicial proceeding.
29 (E) IMMUNITY.--A PUBLIC LIBRARY SHALL NOT BE SUBJECT TO <--
30 CIVIL LIABILITY FOR DAMAGES TO ANY PERSON AS A RESULT OF THE
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1 FAILURE OF ANY APPROVED SOFTWARE PROGRAM OR APPROVED ON-LINE
2 SERVER TO BLOCK ACCESS TO MATERIAL, THE CHARACTER OF WHICH IS
3 REASONABLY BELIEVED TO BE OBSCENE, CHILD PORNOGRAPHY OR HARMFUL
4 TO MINORS. NOTHING IN THIS SECTION SHALL BE DEEMED TO ABROGATE
5 OR LESSEN ANY IMMUNITY OR OTHER PROTECTION AGAINST LIABILITY
6 ACCORDED TO PUBLIC LIBRARIES UNDER EXISTING LAW OR COURT
7 DECISION.
8 Section 6. Powers and duties of Attorney General and
9 department.
10 (a) Review of software programs.--The secretary, in
11 consultation with the Attorney General, shall review the
12 capacity of software programs and on-line servers to meet the
13 requirements of sections 4(b) and 5(b). Within 90 days after the
14 effective date of this act and at least annually thereafter, the
15 secretary shall send to each school district and public library
16 and publish in the Pennsylvania Bulletin a list of software
17 programs and on-line servers which, in the secretary's
18 determination, have the capacity to meet the requirements of
19 sections 4(b) and 5(b).
20 (b) Assistance to public libraries and school districts.--
21 The Attorney General and the secretary shall consult with and
22 assist any public library or school district that requests such
23 assistance in the development and implementation of an
24 acceptable-use policy under this act.
25 Section 7. Reports.
26 (a) Copy of policy to be filed.--Within 185 days after the
27 effective date of this act, the superintendent of each school
28 district and the chief administrative officer of each public
29 library shall file with the secretary a copy of the acceptable-
30 use policy of the school district and public library which have
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1 been adopted under this act. Each revision to the acceptable-use
2 policy shall be transmitted to the secretary in accordance with
3 section 8.
4 (b) Identification of software program and on-line
5 servers.--Each acceptable-use policy filed with the department
6 shall identify any software program or on-line server that is
7 being utilized to block access to material in accordance with
8 sections 4(b) and 5(b).
9 (c) Report to General Assembly.--Within 90 days after the
10 deadline for initial filing under subsection (a), and in
11 December of each subsequent year, the secretary shall submit a
12 report to the chairman and minority chairman of the Education
13 Committee of the Senate and the chairman and minority chairman
14 of the Education Committee of the House of Representatives which
15 summarizes the acceptable-use policies and any revisions thereof
16 filed with the secretary under this act.
17 Section 8. Enforcement.
18 (a) Review of acceptable-use policy.--The secretary shall
19 review each acceptable-use policy filed BY A PUBLIC LIBRARY <--
20 under this act and each revision thereof and shall approve each
21 policy or revision that is designed to achieve the requirements
22 of section 4 in the case of school districts or section 5 in the <--
23 case of public libraries SECTION 5 and shall disapprove any <--
24 policy or revision that is not reasonably designed to achieve
25 the requirements of this act. Except as otherwise provided in
26 subsection (b), a public library or school district shall <--
27 implement its acceptable-use policy during the review period.
28 (b) Revision of policy.--No revision of an acceptable-use
29 policy, which has been approved by the secretary UNDER <--
30 SUBSECTION (A), shall be implemented until such revision is
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1 approved by the secretary. If the secretary fails to disapprove
2 the revision within 60 days after submission to the secretary,
3 the public library or school district may proceed with the <--
4 implementation of the revision of its acceptable-use policy.
5 (c) Withholding of funding FROM PUBLIC LIBRARY.--The <--
6 secretary shall withhold State funding from any public library
7 or school district that: <--
8 (1) fails to submit an acceptable-use policy within the
9 time prescribed in this act;
10 (2) submits an acceptable-use policy that is not
11 reasonably designed to achieve the requirements of section 4 <--
12 in the case of school districts or section 5 in the case of
13 public libraries 5;
14 (3) is not enforcing or is substantially disregarding
15 its acceptable-use policy; or
16 (4) violates any other provision of this act.
17 (d) Notice of noncompliance.--If the secretary determines
18 that a public library or school district is not in compliance <--
19 with the requirements of this act, the secretary shall provide
20 the public library or school district with a written notice <--
21 explaining the nature of such noncompliance and shall afford the
22 school district or public library a 30-day period for correcting <--
23 any failure to comply with this act before withholding any funds
24 under this section. The secretary may extend the time for
25 submission of a revised acceptable-use policy for good cause.
26 (e) Appeal.--If the secretary disapproves an acceptable-use
27 policy or any revision thereof under this section or notifies
28 the public library or school district that it is subject to the <--
29 withholding of funding pursuant to subsection (c), the aggrieved
30 public library or school district may appeal the decision to the <--
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1 Commonwealth Court.
2 (f) Court enforcement.--The secretary, the district attorney
3 or an aggrieved parent or guardian shall have standing to bring
4 an action in the court of common pleas seeking a court order
5 directing the school board or public library to enforce an
6 acceptable-use policy filed with the secretary. The court of
7 common pleas shall issue an appropriate order if it determines
8 that the school board or public library is not enforcing or is
9 substantially disregarding its acceptable-use policy.
10 Section 9. Disabling blocking technology for use by certain
11 persons.
12 (a) General rule.--Notwithstanding any other section of this
13 act to the contrary, an administrator, supervisor or other
14 personnel designated for this purpose may disable the software
15 program or on-line server that is being utilized to block access
16 to material in accordance with sections 4(b) and 5(b) during use
17 by any person other than a student, in the case of a school
18 district, or a child under 17 years of age, in the case of a
19 public library, to enable unfiltered access for the purpose of
20 bona fide research or other lawful purpose.
21 (b) Construction.--Nothing in this section shall be
22 construed to permit any person to have access to material the
23 character of which is reasonably believed to be obscene or child
24 pornography.
25 Section 10. Severability.
26 The provisions of this act are severable. If any provision of
27 this act or its application to any person or circumstance is
28 held invalid, the invalidity shall not affect other provisions
29 or applications of this act which can be given effect without
30 the invalid provision or application.
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1 Section 11. Repeal.
2 All acts and parts of acts are repealed insofar as they are
3 inconsistent with this act.
4 Section 12. Effective date.
5 This act shall take effect immediately.
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