Purpose: Not all commercially available filtering and/or blocking technology is sufficiently sophisticated to carry out the intent of S. 1619. If inadequate technology is used, the purpose of the act will be frustrated. This amendment identifies several key dimensions of the filtering and/or blocking process, specifying a quality standard for each dimension. A central concern is to provide maximum freedom for certifying school or library authorities in limiting minors' access to content, while preserving appropriate access in legitimate cases. This amendment promotes the intent of the act and strengthens it against First Amendment attack.
Not all software allows for the establishment of different degrees of user access, and consequently a certifying school or library would be unable to give students appropriately studying a sensitive topic greater access than would be granted to other children. The amendment does not specify that a certifying authority must establish different levels of access by different groups of minors, but simply specifies that the technology must allow for this flexibility. The amendment does, however, require that any system limiting access by minors would not apply to adults. Access codes or cards can be used to implement a system of varying levels of access by different categories of users. Some software contains predetermined lists of content to be excluded, set by the manufacturer, thus not allowing the certifying authority the flexibility to determine exactly how content will be restricted. The amendment prohibits this limitation. Updating is critical for continuing viability of technology in a rapidly changing Internet environment, and the amendment requires that updating be carried out appropriately. The amendment also requires education regarding the risk of exploitation of minors through interactive functions such as E-mail and chat rooms.
[To be added as Section '(5), after the section entitled "Local Determination of Content"]
For purposes of paragraphs (2) and (3), the authority responsible for making the required certification shall be required to do the following:
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variable levels of access by minors: select a filtering or blocking system
that allows for establishment of differential degrees of access to Internet
content by different categories of minors, reflecting standards set by the
certifying authority;
protection of access by adults: select a filtering or blocking system that allows for maintenance of full access by adults to matter deemed to be inappropriate to minors;
customization of content selection: select a filtering or blocking system that allows for customization of the filtering or blocking process so that the process accurately reflects the content preferences of the certifying authority;
updating: update the filtering or blocking system at appropriate intervals, so that the system maintains its effectiveness in implementing content standards as set by the certifying authority; and
education: adopt an Internet hazard education policy that informs
teachers, librarians, minors, and parents of the dangers that Internet use may
present, such as meeting potentially exploitative people through E-mail and chat
rooms.
