Teachers and librarians play a special role in helping children to freely explore the wealth of information and resources that the Internet provides all of us. This role can be compromised if filtering technology is used indiscriminately. Filtering technology ­ just like any other technology ­ is not a substitute for human judgement. Although filters can help screen out inappropriate material, these technologies do have significant limitations, and it is important for parents, teachers and librarians to recognize and understand these limitations.

For example, a recent New York Times article [ 2 ] reported in November 1999 that filters installed by the Board of Education in New York schools prevented students from conducting research on humanities and social sciences topics. In particular, students at Benjamin Cardozo High School were prevented from researching such topics as breast cancer, anorexia and bulimia, child labor, AIDS and abortion. Although filters can help teachers and librarians monitor children's Internet use, they also present the risk of blocking access to educational information, a risk that might compromise the role of schools and libraries as information resources for children and families. For this reason, training is needed for parents, teachers, and librarians on understanding the benefits and limitations of filtering technology.

Filtering products have been known to block library materials, raising significant constitutional concerns. Public libraries have a responsibility to serve many different types of patrons ­ adults and teens, as well as children. If filtering programs are adopted at New York City schools and libraries, adult patrons should still have the ability to have unfiltered access to online resources. As a civil liberties organization, CDT strongly believes that the first amendment rights of adults and teenagers must be considered in our efforts to protect children. The courts have upheld this belief ­ in a recent court ruling [ 3 ], a library in Virginia was prevented from requiring the use of filtering software by all library patrons because this policy violated the First Amendment.

Furthermore, schools and libraries should give special consideration to teen patrons, who rely on these facilities to learn and grow into adults. An Internet safety program in New York City schools and libraries should not restrict a teenager's ability to use the Internet for research and enrichment.

A library or school should, as the New York City Public Library's mission statement proclaims, provide "..free and open access to the accumulated wisdom of the world" and guarantee "freedom of information and independence of thought", allowing "each individual to pursue learning at his/her own personal level of interest, preparation, ability and desireŠ"

CDT urges the City Council to consider the significant limitations of filtering technology, and to recognize other ways that New York City schools and libraries might implement Internet safety measures while protecting the rights of adult and teen patrons. In reviewing the current proposal, the Committee on Youth Services might consider the following issues:

• Under the current proposal, schools and libraries are required to "consider and install" filtering software. Does this mean that one filtering program must be installed, or that an array of products should be tested? How many computers in each school or library will be involved in the testing? Will one school or several schools in each district be involved in the program? Will one branch or several branches of each library be involved in the program? Will adult patrons have the ability to access Internet resources without restriction?
• The bill states that filtering software should be installed on a "limited basis". Does this mean that the study will last for one month or one year? What might be an appropriate length of time for the results of the study to be considered reliable?
• The bill requires that a "comprehensive plan" be implemented for protecting children online that must include examination and use of filtering technologies. What will be criteria for judging success or failure of the filtering programs? How will they be tested without infringing on the rights of adult patrons?

Other Possibilities for Safe Internet Experiences

CDT recently collaborated with the American Library Association and other non-profits, industry groups, companies, and educational leaders to produce a comprehensive online resource about Internet safety. The goal of the site, called GetNetWise [ 4 ], is to educate parents, teachers, and librarians about the broad range of safety tools and information available to them. The site provides a user-friendly database of many different types of safety options, encouraging adults to learn about their choices and find a tool that best fits the needs of their families, schools, libraries and communities. GetNetWise promotes education, rather than technology, as a solution to Internet safety ­ no one technology tool can replace the active involvement of parents and other caretakers.

Through our involvement in GetNetWise, CDT has become familiar with a broad array of Internet safety measures, several of which respect the first amendment rights of adults and teens, while protecting children. Acceptable Use Policies, for example, are agreements signed by parents and children that are popularly used in schools and libraries. According to the recent National Survey of Public Libraries Outlet and Internet Connectivity, 80% of public libraries have acceptable use policies, and another 10% are developing such policies. Acceptable Use Policies encourage parents, teachers, and librarians to set their own standards for Internet use and to be actively involved in monitoring children. Most importantly, Acceptable Use Policies allow children to become involved in Internet safety, because they are encouraged to take responsibility for learning about appropriate ways to surf the Internet.

Acceptable Use Policies are just one of many tools that teachers and librarians can use to educate and involve parents and children. Several excellent Internet safety initiatives are already used by the New York Public Library, the Brooklyn Public Library, the Queens Public Library and the New York Board of Education. For example, New York Public Library's "Safety Net for the Internet" [ 5 ] provides great information for parents about minimizing risks online, guidelines for good Internet use, and resources for more safety information. The Brooklyn Public Library provides useful public workshops [ 6 ] to teach families about Internet safety. The Queens Public Library provides tips for parents on a special homepage for children called "Kids LinQ" [ 7 ]. And last, but certainly not least, the Board of Education's "Student Rules and Responsibilities" [ 8 ] teaches students to establish rules with a teacher for the time of day and duration of Internet use, as well as appropriate places to visit online.

CDT would like to commend the exceptional efforts of the New York City library and school systems in providing educational information on Internet safety for kids and families. We believe that these programs already provide a strong foundation for Internet safety programs in New York's schools and libraries.

Conclusion

CDT hopes that the Council will continue to encourage New York City schools and libraries to work with parents and children to develop educational programs and initiatives that suit the needs of their districts.

As a native New Yorker, I believe that our city's diversity ­ like the diversity of the Internet itself ­ is both a blessing and a challenge. We can not expect one single technology to reflect this diversity. However, we can trust our parents, teachers, and librarians to understand this diversity ­ and to teach it to our children.

On behalf of the Center for Democracy and Technology, I would like to once again commend the New York City Council on its tremendous efforts and to thank you for allowing us to participate in this important discussion.

1. For more information about CDT, please visit our web site at http://www.cdt.org.
2. Anemona Hartocollis, School Board Uses Computer Filter to Block Student Access to Web Sites. New York Times on the Web: The Learning Network. November 10, 1999. http://audio.nytimes.com/learning/general/featured_articles/991111thursday.html
3. Mainstream Loudoun, et. al. v. Board of Trustees of the Loudoun County Public Libraries, et. al. United States District Court for the Eastern District of Virginia, at Alexandria, Virginia. Case Number CV 97-2049-A. Memorandum Opinion available on Tech Law Journal web site at http://www.techlawjournal.com/courts/loudon/81123op.htm
4. For more information on GetNetWise, please refer to the GetNetWise homepage at http://www.getnetwise.org.
5. The New York Public Library's "Safety Net for the Internet" is available at http://www.nypl.org/branch/safety.html.
6. Information about the Brooklyn Public Library's public workshops for families is available at http://www.brooklynpubliclibrary.org/calendar/InternetFamilies.htm.
7. The Brooklyn Public Library's "Kids LinQ" is available at http://web.queens.lib.ny.us/kids.
8. The New York City Board of Education's "Student Rules and Responsibilities" is available at http://www.nycenet.edu/info/internet/rules.html.

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