PRINTER'S NO. 3103
No. 2262 Session of 2003
INTRODUCED BY EGOLF, ARMSTRONG, BALDWIN, BARRAR, BASTIAN, BEBKO-
JONES, BENNINGHOFF, BIRMELIN, BOYD, BROWNE, CLYMER, COLEMAN,
CRAHALLA, CREIGHTON, DALLY, DeLUCA, DENLINGER, FLICK,
FORCIER, GEIST, GEORGE, GOOD, GOODMAN, HARHAI, HARRIS,
HENNESSEY, HERMAN, HERSHEY, HESS, HICKERNELL, HORSEY,
HUTCHINSON, KELLER, KENNEY, KIRKLAND, KOTIK, LAUGHLIN,
LEDERER, LYNCH, MAITLAND, MARSICO, MELIO, METCALFE, MICOZZIE,
PAYNE, PICKETT, REICHLEY, ROHRER, SATHER, SCAVELLO, SCHRODER,
STERN, E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WATSON, WILT AND
YOUNGBLOOD, DECEMBER 16, 2003
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 16, 2003
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; providing
4 for the duties of the Secretary of Education; and
5 establishing a remedy.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Child
10 Internet Protection Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) The Commonwealth has a compelling interest and duty
14 to protect children from exposure to obscenity, child
15 pornography and other material harmful to minors.
1 (2) The Commonwealth has a compelling interest in
2 preventing any user from accessing obscene material and child
3 pornography within a public school or public library setting.
4 (3) There is a need to balance the goal of providing
5 free access to educationally suitable information sources on
6 the Internet against the compelling need and duty to protect
7 children from contact with sexual predators and from access
8 to obscene material, child pornography and material harmful
9 to children.
10 (4) The Commonwealth has a compelling interest and duty
11 to protect children against the adverse secondary effects of
12 permitting Internet access to obscenity, child pornography
13 and material harmful to minors available within a public
14 library setting since the availability of such material will
15 attract pedophiles and other sexually disturbed persons who
16 present a danger to children.
17 (5) Pornography in a public library or school setting
18 can create a hostile environment constituting sexual
19 harassment.
20 (6) The Commonwealth has a compelling interest and duty
21 to take reasonable steps to prevent the creation of a hostile
22 environment in public schools and libraries and to prevent
23 the sexual harassment of students, library patrons, library
24 staff and other persons.
25 Section 3. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Acceptable-use policy." A policy for Internet usage that
30 meets the requirements of this act which is acceptable to and
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1 adopted by a school board or a governing body of a public
2 library.
3 "Aggrieved parent or guardian." The parent or guardian of:
4 (1) A student who attends a public school within a
5 school district that is the subject of the enforcement action
6 authorized under this act.
7 (2) A child under 17 years of age who has library
8 privileges at a public library that is the subject of an
9 enforcement action authorized under this act.
10 "Child pornography." As described in 18 Pa.C.S. § 6312
11 (relating to sexual abuse of children).
12 "Department." The Department of Education of the
13 Commonwealth.
14 "Harmful to minors." As defined in 18 Pa.C.S. § 5903
15 (relating to obscene and other sexual materials and
16 performances).
17 "Internet." the International network of computer systems.
18 "Obscene." As defined for purposes of "obscene materials" in
19 18 Pa.C.S. § 5903 (relating to obscene and other sexual
20 materials and performances).
21 "Public library." A county or local library that receives
22 State aid pursuant to Article III of the act of June 14, 1961
23 (P.L.324, No.188), known as The Library Code.
24 "School board." The board of directors of a school district
25 or the board of trustees of a charter school.
26 "School district." All school districts under the act of
27 March 10, 1949 (P.L.30, No.14), known as the Public School Code
28 of 1949, and all charter schools established under Article XVII-
29 A of the Public School Code of 1949.
30 "Secretary." The Secretary of Education of the Commonwealth.
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1 Section 4. School district Internet policies.
2 (a) Acceptable-use policy.--Within 180 days after the
3 effective date of this act, each school board shall establish an
4 acceptable-use policy for the Internet. At a minimum, the policy
5 shall contain provisions which are reasonably designed to:
6 (1) Prevent students of the school district or any other
7 person from using any computer equipment and communications
8 services owned or leased by the school district for sending,
9 receiving, viewing or downloading visual depictions, the
10 character of which is such that it is reasonably believed to
11 be obscene or child pornography or harmful to minors and
12 which prohibit the use of such equipment and services for
13 those purposes.
14 (2) Establish appropriate measures to be taken against
15 students and other persons who willfully violate the school
16 district's acceptable-use policy.
17 (3) Provide for expedited review and resolution of a
18 claim that the policy is denying a student or other person
19 access to material that is not within the prohibition of the
20 acceptable-use policy.
21 (b) Implementation and enforcement.--The school board shall
22 take such steps as it deems appropriate to implement and enforce
23 the school district policy, which shall include, but need not be
24 limited to:
25 (1) use of software programs reasonably designed to
26 block access to visual depictions, the character of which is
27 reasonably believed to be obscene, child pornography or
28 harmful to minors; or
29 (2) selection of online servers that block access to
30 visual depictions, the character of which is reasonably
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1 believed to be obscene, child pornography or harmful to
2 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.--A school
9 district shall provide, upon written request of a parent or
10 guardian, a copy of the acceptable-use policy it has adopted
11 under this section.
12 Section 5. Public library Internet policies.
13 (a) Acceptable-use policy.--Within 180 days after the
14 effective date of this act, the governing body of every public
15 library shall establish an acceptable-use policy for the
16 Internet. The policy shall contain provisions which are
17 reasonably designed to:
18 (1) Prevent any person from using the library's computer
19 equipment and communications services for sending, receiving,
20 viewing or downloading visual depictions, the character of
21 which is reasonably believed to be obscene, child pornography
22 or harmful to minors.
23 (2) Establish appropriate measures to be taken against
24 persons who willfully violate the policy.
25 (b) Implementation and enforcement of policy.--The governing
26 body of the public library shall take such steps as it deems
27 appropriate to implement and enforce the requirements of
28 subsection (a). These steps shall include, but need not be
29 limited to, the following:
30 (1) the use of software programs designed to block
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1 access by any person to visual depictions, the character of
2 which is reasonably believed to be obscene, child pornography
3 or harmful to minors; or
4 (2) the selection of on-line servers that block access
5 by any person to visual depictions, the character of which is
6 reasonably believed to be obscene, child pornography or
7 harmful to minors.
8 (c) Appeal.--The courts shall provide for an expedited
9 review of an appeal by a party aggrieved by an adverse public
10 library decision relating to access to Internet material
11 pursuant to this act. The public library shall have the burden
12 of proof in such judicial proceeding.
13 (d) Immunity.--A public library shall not be subject to
14 civil liability for damages to any person as a result of the
15 failure of any approved software program or approved on-line
16 server to block access to material, the character of which is
17 reasonably believed to be obscene, child pornography or harmful
18 to minors. Nothing in this section shall be deemed to abrogate
19 or lessen any immunity or other protection against liability
20 accorded to public libraries under existing law or court
21 decision.
22 Section 6. Consultation on acceptable-use policies.
23 The Attorney General and the secretary shall consult with and
24 assist any public library or school district that requests such
25 assistance in the development and implementation of an
26 acceptable-use policy under this act.
27 Section 7. Reports.
28 (a) Copy of policy to be filed.--Within 200 days after the
29 effective date of this act, the superintendent of each school
30 district and the chief administrative officer of each public
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1 library shall file with the secretary a copy of the acceptable-
2 use policy of the school district and public library which have
3 been adopted under this act. Each revision to the acceptable-use
4 policy shall be transmitted to the secretary in accordance with
5 section 8.
6 (b) Identification of software program and online servers.--
7 Each acceptable-use policy filed with the department shall
8 identify any software program or on-line server that is being
9 utilized to block access to material in accordance with sections
10 4(b) and 5(b).
11 (c) Report to General Assembly.--Within 90 days after the
12 deadline for initial filing under subsection (a), and in
13 December of each subsequent year, the secretary shall submit a
14 report to the chairman and minority chairman of the Education
15 Committee of the Senate and the chairman and minority chairman
16 of the Education Committee of the House of Representatives which
17 summarizes the acceptable-use policies and any revisions thereof
18 filed with the secretary under this act.
19 Section 8. Enforcement of public library provisions.
20 (a) Review of acceptable-use policies of public libraries.--
21 The secretary shall review each acceptable-use policy filed by a
22 public library under this act and each revision thereof and
23 shall approve each policy or revision that is designed to
24 achieve the requirements of section 5 and shall disapprove any
25 policy or revision that is not reasonably designed to achieve
26 the requirements of this act. Except as otherwise provided in
27 subsection (b), a public library shall implement its acceptable-
28 use policy during the review period.
29 (b) Revision of policies of public libraries.--No revision
30 of an acceptable-use policy of a public library, which has been
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1 approved by the secretary under subsection (a), shall be
2 implemented until such revision is approved by the secretary. If
3 the secretary fails to disapprove the revision within 60 days
4 after submission to the secretary, the public library may
5 proceed with the implementation of the revision of its
6 acceptable-use policy.
7 (c) Withholding of funding from public library.--The
8 secretary shall withhold State funding provided by Article III
9 of the act of June 14, 1961 (P.L.324, No.188), known as The
10 Library Code, from any public library that:
11 (1) fails to submit an acceptable-use policy within the
12 time prescribed in this act;
13 (2) submits an acceptable-use policy that is not
14 reasonably designed to achieve the requirements of section 5;
15 or
16 (3) is not enforcing or is substantially disregarding
17 its acceptable-use policy.
18 (d) Notice of noncompliance by public library.--If the
19 secretary determines that a public library is not in compliance
20 with the requirements of this act, the secretary shall provide
21 the public library with a written notice explaining the nature
22 of such noncompliance and shall afford the public library a 30-
23 day period for correcting any failure to comply with this act
24 before withholding any funds under this section. The secretary
25 may extend the time for submission of a revised acceptable-use
26 policy for good cause.
27 (e) Appeal by public library.--If the secretary disapproves
28 an acceptable-use policy or any revision thereof under this
29 section or notifies the public library that it is subject to the
30 withholding of funding pursuant to subsection (c), the aggrieved
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1 public library may appeal the decision to the Commonwealth
2 Court.
3 Section 9. Remedy for aggrieved parents and guardians.
4 (a) Procedure.--
5 (1) An aggrieved parent or guardian may file a complaint
6 with the secretary if the parent or guardian has reason to
7 believe that a school district or public library is not in
8 compliance with its acceptable-use policy or that the
9 acceptable-use policy of a school district or public library
10 violates the requirements of this act.
11 (2) The secretary shall conduct an investigation and
12 shall make a written determination as to whether or not the
13 complaint possesses any merit.
14 (3) If the secretary determines that the complaint is
15 meritorious, the secretary shall direct the school district
16 or public library to acknowledge and correct the violation
17 and to develop a corrective plan for preventing recurrences.
18 (4) A school district or public library that receives a
19 determination from the secretary of a violation of the
20 requirements of this act shall submit a written statement,
21 signed by the superintendent, in the case of a school
22 district, and the chief administrative officer, in the case
23 of a public library, to the secretary, which acknowledges the
24 violation and sets out the school district's or public
25 library's corrective plan. The statement shall be a public
26 record subject to disclosure under the act of June 21, 1957
27 (P.L.390, No.212), referred to as the Right-to-Know Law.
28 (b) Appeal.--A parent, guardian, school district or public
29 library aggrieved by a determination of the secretary made
30 pursuant to subsection (a) may file an appeal with the
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1 Commonwealth Court.
2 (c) Refusal to comply.--If a school district or public
3 library refuses to comply with a directive of the secretary made
4 under subsection (a), the secretary shall petition the
5 Commonwealth Court for an enforcement order. Any challenge to
6 the determination of the secretary shall be made exclusively
7 through the appeal procedure prescribed in subsection (b).
8 (d) Construction.--Nothing in this section shall limit the
9 authority of the secretary to withhold funds pursuant to section
10 8(c) in an appropriate case.
11 Section 10. Disabling blocking technology for use by certain
12 persons.
13 (a) General rule.--Notwithstanding any other section of this
14 act to the contrary, an administrator, supervisor or other
15 person authorized for this purpose may disable the software
16 program or online server during use by an adult, to enable
17 access for bona fide research or other lawful purpose.
18 (b) Construction.--Nothing in this section shall be
19 construed to permit any person to have access to material the
20 character of which is reasonably believed to be obscene or child
21 pornography.
22 Section 29. Severability.
23 The provisions of this act are severable. If any provision of
24 this act or its application to any person or circumstance is
25 held invalid, the invalidity shall not affect other provisions
26 or applications of this act which can be given effect without
27 the invalid provision or application.
28 Section 30. Repeal.
29 All acts and parts of acts are repealed insofar as they are
30 inconsistent with this act.
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1 Section 31. Effective date.
2 This act shall take effect immediately.
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