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Re: [K12OSN] CIPA and xxxGUARD



On Mon, Jun 10, 2002 at 08:40:07AM -0700, Ben Mabbott wrote:
> > if it does, the implications "may" be that, by installing filtering
> > software (xxxGuard) is illegal? Hopefully, the arguments main tenant on
> > "restricting adults' access" may leave CIPA intact for schools.... but it
> > is something to be aware of.
> 
> That is certainly the logical conclusion of the ACLU's argument. And it
> would be the next logical step for the judge to say that since the ACLU
> successfuly argued that filtering content violates the 1st amendment, that
> all filtering by public institutions is now illegal.
> 
> Fortunatly, while logic moves easily to that next step, our legal system
> doesn't. All this case has the power to decide is whether forcing filtering
> is legal, they can't say that filtering is illegal...there's a subtle
> difference. What this does do is set president, so if some wacko decides to
> go to court to make filtering illegal, he has a prior case to base an
> argument on. However, there is a huge difference between getting a judge to
> overturn a law forcing institutions to filter content, and getting a judge
> to make it illegal for content to be filtered. I don't think we need to
> worry too much about our Squid boxes being confiscated ;)
> 
> -Ben

Ben, Absolutely. You've hit the nail squarely on the head.
The result of this decision is:
	1. Any law which forces a public library to filter is unconstitutional 
	   and MAY NOT be enforced by any means.

	2. Filtering is still legal.  Any company can have an AUP which
	   says what you are not allowed to do via the company's internet 
	   access and can have filtering to enforce that policy.

	   In fact in order to reduce the company's laibility for sexual
	   discrimination/hostile workplace lawsuits that filtering is
	   almost a requirement.

	   Most schools around here require all "visitors" to sign in at
	   the office, which means it is an access restricted location -
	   "non-public" by definition.  This is a good idea as it keeps
	   out the drug dealers, pedophiles (and some pepsi salesmen :-) )

	   Since the general public is not allowed access to our "public"
	   schools, a school principal is entirely within their rights to 
	   create an AUP and enforce it with filtering.

-- 
"Linux is inevitable"    Jon Hall, 1994

Jeff Kinz, Emergent Research,  Hudson, MA.  "jkinz ultranet com" 
copyright 1995-2002.  Use restricted to non-UCE uses. Any other use is an 
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Hint====>         eLviintuaxbrilse





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