BILL NUMBER:  S1876

 TITLE OF BILL :

An act to amend the education law, in relation to establishing
additional criteria for library systems to obtain state aid in respect
of internet access restrictions for children


 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would establish additional criteria for library
systems to obtain state aid by requiring compliance with regulations
restricting minors access to obscene and pornographic materials
through the use of computers.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends paragraph h of subdivision 1 of section 272 of the
Education Law, which pertains to the minimum standards of service a
public library must comply with in order to receive state aid, to
include that each public library system shall develop a policy for
acceptable internet use by its patrons. As part of such policy, each
library shall adopt and implement measures to restrict the access of
minors to pornographic or obscene materials through the use of library
computers. Notice of such policy and its contents shall be posted at
              

all internet access points and made available to all patrons. Each
public library shall offer internet safety classes for children under
17 years of age. No public library shall permit any child under 17 to
use an internet access terminal without the prior, written consent of
a parent or guardian stating that the parent or guardian and the child
have reviewed the internet use policy and agree to abide by it, except
that a public library may elect to accept the completion of an
internet safety class in lieu of such parental consent for a child who
is at least 13 years of age but not yet 17. Furthermore, any public
library having multiple internet access terminals shall set aside at
least one terminal for the exclusive use of children.

Section 2: Provides for an immediate effective date.

 JUSTIFICATION :
While the recent explosion of use of internet services in homes,
schools and libraries has given young people unparalleled
opportunities for research and learning, it has also raised the
concern of many parents and educators that children are gaining access
to information that is either obscene or harmful to minors, i.e.,
pornographic. In school and at home, the dangers to children of
exposure to inappropriate material are mitigated by parental and
teacher supervision. In many public libraries, however, children are
left unsupervised for long periods of time.

This lack of supervision in public libraries has become increasingly
dangerous because of a new breed of computer sex offenders targeting
children in popular internet chat rooms. These online predators make
contact with children in chat rooms and then attempt to lure them into
private conversations, ongoing correspondence and, ultimately, a
personal meeting. In a recent survey of 15,000 young people, ages
10-17, one in four who have gone online reported being sent
pornographic images and one in five were actually solicited for sex.
Young people seldom report these incidents to their parents, however,
because they are often embarrassed and fear losing their computer
privileges.

Despite the growing danger to young people, public libraries in New
York City and in areas around the state do not offer internet safety
classes for their young patrons. Most of the internet classes in these
same public libraries do not even address the topic of internet
safety. Public libraries are doing a good job of teaching children to
search the world wide web but not giving them even basic safety
messages about the risks of giving out personal information to
strangers.

This legislation directs the Commissioner of Education to include,
within the regulations governing the standard of service with which
public library systems must comply, a requirement that each library
system establish procedures to prevent minors from gaining access to
obscene or pornographic material using any computer equipment or
service available for public use. Specifically, the requirement of
parental consent for children under seventeen is designed to ensure
that parents and children are notified of the risks and
responsibilities involved with internet access. Local public libraries
are given the option of accepting the completion of an internet safety
class in lieu of the parental consent for a child who is at least 13
years of age but not yet 17. Designation of Internet access terminals
specifically for children, already common in the New York City
metropolitan area, will help library staff keep an eye on young
patrons and help minimize the exposure of children to the internet use
or misuse of adult library patrons.

 PRIOR LEGISLATIVE HISTORY :
A11516 of 2000 - Referred to Libraries
A2096 of 2002  - Referred to Libraries
A4187 of 2004  - Referred to Libraries
S4600 of 2006 - Referred to Education
S2240 of 2008 - Referred to Education

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.