REPORT TITLE:
Pornography; On-Line Access


DESCRIPTION:
Requires the Board of Education to develop policy to prohibit or
limit access by children to on-line pornography in public schools
and public libraries. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2466
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COMPUTER ACCESS BY MINORS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Board of Education, in consultation with the
 
 2 Superintendent of Education and the State Librarian, shall adopt
 
 3 a policy to prevent minors from gaining access on any public
 
 4 access computer to material that is pornographic for minors.  The
 
 5 Board shall adopt a policy, no later than January 1, 2002, to
 
 6 address the growing public concerns expressed to the legislature
 
 7 during the 2000 legislative session regarding this issue, and
 
 8 shall expand and improve upon the Internet Acceptable Use Policy
 
 9 proposed by the Board on February 23, 2000.  The Board shall also
 
10 consider the use of additional technology or services necessary
 
11 to ensure compliance with such policy.
 
12      The Board shall consider the constitutional protections on
 
13 free speech set forth in Reno v. ACLU, 521 U.S. 844 (1997), and
 
14 other relevant cases, in developing its policy.  The Board shall
 
15 ensure that adult use of public access computers is not
 
16 unconstitutionally limited at any library branch.  In addition,
 
17 the Board may consider mechanisms that include but are not
 
18 limited to the following:
 
19      (1)  For library branches with more than one public access
 
20           computer, providing one or more filtered public access
 

 
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                                     S.B. NO.           2466
                                                        S.D. 1
                                                        


 1           computers for use by minors in addition to one or more
 
 2           separate, unfiltered public access computers for use by
 
 3           adults; and
 
 4      (2)  Creating a parental permission form to allow parents or
 
 5           guardians to give permission for their minor children
 
 6           to use an unfiltered public access computer.
 
 7      SECTION 2.  For the purposes of this Act, "pornographic for
 
 8 minors" has the same meaning as defined in section 7121-210(7),
 
 9 Hawaii Revised Statutes, and "public access computer" means a
 
10 computer that:
 
11      (1)  Is located in a public library;
 
12      (2)  Is available for use by members of the public; and
 
13      (3)  Is connected to any computer communication system.
 
14      SECTION 3.  The Board of Education, in consultation with the
 
15 Superintendent of Education and the State Librarian, shall submit
 
16 a report to the legislature prior to the convening of the 2001
 
17 regular session, regarding the adoption and implementation of
 
18 this policy, any public response to the policy, any additional
 
19 resources necessary to implement the policy, and any legislation
 
20 necessary to support or enforce the policy.
 
21      SECTION 4.  This Act shall take effect upon its approval.