The Jefferson Parish Library is a service
institution dedicated to providing the highest quality
services to meet the information, cultural, educational,
and recreational needs of the community.
To accomplish the mission, the Library System
will acquire, organize and provide access to materials
that reflect all points of view. The library system will
take a proactive position by interacting with the community
to develop resources, policies, and professional services
in response to changing needs.
Jefferson Parish Library’s mission
includes access to information of all kinds. Access to
electronic information is available to all citizens of
the parish. As part of our mission to meet the needs of
the community, the Library makes available free access
to online services.
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for
parish
Section
1. Purpose for Providing
Internet Use:
The Jefferson Parish Library provides limited
access to the Internet as a service to our patrons. The
Internet is a resource that enables Library patrons to
connect to information beyond that contained in the Library's
collection. The Library is not a commercial Internet service
provider. It is the Library's policy to provide Internet
access to the public within the limits of available space,
equipment, time, personnel, and other resources. The Library
cannot guarantee access to the Internet at any given time.
The Library is not open to the public for all forms of
expressive activity. In offering Internet access, it is
not the intent of the Library to create a public forum
with respect to the receipt and communication of information
through the Internet.
The Library may recommend interesting, useful
and legal Internet destinations and resources for Library
patrons to access and explore. However, the Internet is
currently an ungoverned and unregulated source of both
verified and unverified information. While the Internet
does contain a wealth of useful material, it also provides
access to sites containing material that some patrons
may find offensive or objectionable as well as access
to sites that may be illegal, unlawful, or obscene.
This Internet Policy is intended to affirm
and serve to advance the following governmental interests:
(A)
The protection of children from exposure to obscene
material, child pornography, material harmful to them;
and
(B)
The aid and support of parents and/or the guardians
of children in the discharge of their primary responsibility
for their children's well-being; and
(C)
The prevention of the creation of a sexually hostile
work environment for the library patrons and employees,
and the prevention of discriminatory conduct; and
(D)
The maintenance of discipline and order, and the limitation
of disruptions in the study or work environment of the
Library; and
(E) The
minimization of providing access to illegal pornography;
and
(F) The
aid and support of Federal and State criminal and civil
laws designed to deter and punish trafficking in obscenity,
child pornography, stalking, and harassment by means
of computer; and
(G)
With respect to minors, the exclusion of material which
is "pervasively vulgar" or "educationally
unsuitable" for the respective recipient age group.
In providing computer access as an information
resource, such as the use of or providing access to or
through the Internet, World Wide Web, or an interactive
computer service (as defined in 47 U.S.C. § 230 (e)
(1) and (2) and § 231 (e) (1) and (3)), the Library
realizes that electronic display is more public in nature
than other print media. It also recognizes that while
it is impossible to monitor totally all the information
or images that can be accessed on the Internet, some amount
of control can be exercised. The Library will seek to
facilitate, provide, and encourage Internet use in its
facilities that is in accord with general community standards.
The public dissemination of obscene material or child
pornography is not necessary nor required under the Library's
mission and is inconsistent with public policy and community
standards. The Library also seeks to avoid and minimize
the opportunity that unrestricted access to the Internet
would result in exposure and exhibition of offensive sexual
materials that could contribute to hostile work place
or other sexual harassment or discipline problems with
the Library environment.
Section
2. Patron Categories
& Computer Usage:
The computer services available to the Patrons
of the Library are as follows:
(A) Class 4 Juvenile:
The computers designated for our Juvenile
patrons will have no Internet access. These computers
are intended for small children to learn computer usage,
through games, reading and other materials designed for
their age.
(B) Class 3 Youth:
The computers designated for Youth patrons
are intended for school age minors. On these computers,
the Library will implement filter mechanisms designed
to limit or restrict access to sources of information
or images which are outside of the scope of protection
of the First Amendment of the United States Constitution
and Article 1 § 7 of the Louisiana Constitution,
and consequently for Library dissemination under the criteria
set forth in Sections 3(A) , and 3(B), below, as well
as information deemed inappropriate for Library dissemination
under the criteria set forth in Section 3(C), below.
(C) Class 2 Adult Restricted:
The computers designated for Adult Patrons
are intended for Library patrons of the full age of majority
and minors with written permission from a parent or guardian.
On these computers, the Library will implement filter
mechanisms designed to limit or restrict access to sources
of information or images which are outside of the scope
of protection of the First Amendment of the United States
Constitution and Article 1 § 7 of the Louisiana Constitution,
and consequently deemed inappropriate for Library dissemination
under the criteria set forth in Sections 3(A) and 3 (B),
below.
(D) Class 1 Adult:
The computers designated for Adult Patrons
are intended exclusively for Library patrons over eighteen
(18) years of age. There shall be one computer per library
for such adult patrons to have access to the Internet
for any serious literacy, artistic, political, or scientific
purposes. Notwithstanding this unrestricted access, patrons
who access sources of information or images which are
outside of the scope of protection of the First Amendment
of the United States Constitution and Article 1 §
7 of the Louisiana Constitution, and consequently deemed
inappropriate for Library dissemination under the criteria
set forth in Sections 3 (A) and 3(B), above, are in violation
of Library policy, and any patron accessing such material,
in addition to prosecution for violation of any Federal,
State, or Local Laws, is subject to suspension or revocation
of library and/or Internet usage privileges.
The Library reserves the right to claim
and take advantage of the "Good Samaritan" immunity
protections for voluntary use of screening and blocking
mechanisms and procedures to restrict access to pornographic,
violent, harassing ,or otherwise objectionable materials,
whether or not such material is otherwise constitutionally
protected in other forums or places, as provided in Federal
Law in Title 47, United States Code, Section 230 (c) (47
U.S.C. § 230 (c) (1) and (2)).
Section
3. Prohibited Access
Criteria:
(A)
Obscene. The policy of the Jefferson Parish Library
prohibits the utilization of any library computer to access
to sources of information or images that are obscene,
including hard-core pornography depicting sexual conduct
where penetration of the genitals is clearly visible and
other explicitly sexual pornographic representations of
sexual conduct ("Ultimate sexual acts, normal or
perverted, actual or simulated, masturbation, excretory
functions, and lewd exhibition of the genitals" )
within the scope of federal, state, and parish obscenity
laws, including but not limited to La. R.S. 14:106, and
Jefferson Parish Code of Ordinances Sec. 20-75 et seq.,
and the constitutional test for obscenity provided by
the United States Supreme Court in the "Miller Test"
announced in Miller v. California, 413 U.S. 15, 37 L.Ed.2d.419,
93 S.CT. 2607 (1973), Smith v. United States, 431 U.S.
291, 300-02, 309, 52 L.Ed. 324, 97 S.Ct. 1756 (1977),
Pope v. Illinois, 481 U.S. 497, 500-01, 95 L.Ed. 439,
107 S.Ct. 1918 (1987), etc.
(B) Child
Pornography. The policy of the Jefferson Parish
Library prohibits the utilization of any library computer
to access images that are considered Child Pornography,
containing a visual representation of a minor under 18
years of age engaging in sexually explicit conduct, as
defined in 18 U.S.C. § 2256, La. R.S. 14:81.1 and
Jefferson Parish Code of Ordinances Sec. 20-75 et seq.
(1)
There is an interference, which may be rebutted,
that a participant in sexual activity, depicted as a
minor through its title, text, visual representation,
or otherwise, is a minor.
(2)
As used herein, sexual activity includes sexual
acts by minors such as intercourse, oral sex, and includes
"lascivious exhibition on the genitals or pubic
area." In determining when genital or pubic area
exhibitions or "lascivious," guidance shall
be drawn by the following factors discussed in United
States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986),
affirmed, sub nom, United States v. Wiegund, 812 F.2d
1239, 1244 (9th Cir 1987), cert. Denied, 484 U.S. 856
(1987):
(a) Examples
of sexually suggestive or lewd photographs of children
would be those in which the child is depicted as half
or partially clothed, posed in such a way as to depict
or suggest a willingness to engage in sexual activity
or a sexually coy attitude.
(b) In determining
whether a visual depiction of a minor constitutes
a lewd or lascivious exhibition of the genitals or
pubic are, the following factors, among any others,
may be relevant in the particular case:
(i) whether
the focal point of the visual depiction is on the
child's genitalia or pubic area;
(ii) whether
the setting of the visual depiction is sexually
suggestive, i.e., in a place or pose generally associated
with sexual activity;
(iii) whether
the child is depicted in an unnatural pose, or in
inappropriate attire, considering the age of the
child;
(iv) the
child is fully or partially clothed, or nude;
(v) whether
the visual depiction suggests sexual coyness or
a willingness to engage in sexual activity;
(vi) the
visual depiction is intended or designed to elicit
a sexual response in the viewer.
A visual depiction need not involve
all of these factors to be a lewd or lascivious
exhibition of a minor's genitals or pubic area.
A determination may be made based on the overall
content of the visual depiction, taking into account
the age of the minor and the nature of the work
and its context, promotions, or marketing.
(C)
Material Harmful to Minors. It is the Policy
of the Jefferson Parish Library to limit or restrict
access to images that could be believed to be "obscene
as to minors" or "Harmful to Minors,"
as that term is used in 47 U.S.C. § 231 (e) (6),
La. R.S. 14:91.11 and Jefferson Parish Code of Ordinances
Sec. 20-75 et seq., for the age groups of minors who
may be exposed to such materials whenever any computer
providing access to the Internet or other interactive
computer service is being used by a minor, who does
not have on file with the Library written permission
from a parent or guardian for use of such unrestricted
computer terminal.
Section
4. Unblocking Procedure
- Administrative Review:
(A)
Any library patron who finds himself or herself blocked
from an Internet site he or she believes contains material
that does not meet the Criteria listed in Sections 3
(A), (B), or (C), above, and desires to access said
Internet site, may make a request that the Library unblock
the specified site. If the Library determines that the
site does not fall within the Criteria listed in Sections
3 (A), (B), or (C), the Library shall unblock said Internet
site.
(B)
When a request is received for a determination that
a site does not fall within the Criteria listed in Section
3(A) or 3(B), the Library must make its decision as
soon as possible, but not later than the close of the
following working day. If a decision is not made by
such time, the request shall be granted pending review.
The Library shall bear the burden of proof that the
websites the patron seeks access to falls within the
Criteria listed in Section 3(A) or 3(B) or otherwise
falls outside of the protection of the First Amendment
of the United States Constitution and Article 1 §
7 of the Louisiana Constitution.
Section
5. Notice to Parents
and Guardians:
Because the Internet includes some information
which parents and guardians may deem to be unsuitable
for their children, parents and guardians must provide
the necessary guidance and oversight of their children.
They are the primary ones who may make decisions regarding
whether to permit their children to have Internet access
at the Library. Parents and guardians must ensure that
they take all appropriate parental and guardian actions
in respect to the use of the Internet at the Library by
their minor children. The Library and its staff cannot
act in the place of a parent or guardian.
Section
6. Disclaimers Regarding
Internet Use:
The Library has no control over the information
contained on the Internet and is not responsible for its
contents.
The Library cannot verify or be held responsible
for the accuracy, reliability, quality, timeliness, or
legality of information found on the Internet. The Library
cannot be held liable for the conduct of Internet users.
The Library may not be able to control access to materials
or protect patrons from materials they may find offensive.
Library users access the Internet at their own discretion
and risk, and they are responsible for evaluating the
validity and appropriateness of information accessed.
Section
7. Warnings and Conditions
Regarding Internet Use:
Users should be aware that the Internet
is not a secure or private medium and that third parties
may be able to obtain information regarding user activities.
However, the Library will not release information on the
use of specific Internet resources by any users except
required by law or as legally permitted and necessary
for the proper operation of the Library.
As a condition of the Internet use at the
Library, each user must agree to comply with all applicable
laws, rules, and regulations, including without limitation,
all rules and regulations which may be established from
time to time by the Library. Further, each user must agree
to take no action on the Internet which could cause the
Library to incur any expense beyond the general access
fees. By initiating use, the user agrees to the fullest
extent permitted by law to hold the Library harmless from
any liability for any wrongful conduct of the user, including
without limitation, any such unauthorized expense, costs,
and attorney's fees.
The Library reserves the right to refuse
access to the Internet to any person for the violation
of this or any other policy of the Library, in accordance
with applicable law.
The following rules for the use of all Library
Internet Computers are adopted and established as an integral
part of this policy:
Rules of Use for the Internet
(1)
Each user shall be deemed to agree, by advancing beyond
the initial computer screens, to abide by the Jefferson
Parish Library Internet Use Policy.
(2)
Copyright: U.S. Copyright Law (Title 17, U.S. Code)
prohibits the unauthorized reproduction or distribution
of copyrighted materials, except as permitted by the
principles of "fair use." Subject to fair
use, users may neither reproduce copyrighted materials
(text, images, programs, and/or data) nor distribute
such materials by any means (including electronic mail)
without the explicit written permission of the copyright
holder. Responsibility for any consequences for copyright
infringement lies with the user. The Library expressly
disclaims any liability or responsibility or responsibility
resulting from such use.
(3)
Only Library staff may reboot, restart, or log onto
the Library's Internet computers.
(4)
Users may not make unauthorized entry into other computational,
informational, or communication services or resources.
(5)
Users may not present themselves or the Library by using
computer accounts, access codes, numbers, passwords,
signatures, or network identification assigned to others.
(6)
Users may not invade the privacy of others at any time
or in any way.
(7) Users
may not send, receive, or display obscene materials,
child pornography, and/or other materials prohibited
under applicable local, state, and federal laws.
(8)
Users may not use the Internet for illegal activities,
including the violation of the rights of third parties.
(9) Users
may not make any attempt to damage or alter the Library's
computer equipment, software, or data and/or the equipment,
software, or data of others.
(10)
Due to the danger of a computer virus affecting the
Library computer system, users may not download any
materials to the computer's hard drive or any floppy
drive.
(11) Public access computers may be monitored remotely.
Violation of the Library's Internet Use
Policy and of any other rules and regulations may result
in a loss of access to the Internet (including the World
Wide Web) through the Library's Internet connection and/or
loss of other Library privileges. Unlawful activities
may result in prosecution by local, state, and/or federal
authorities.
Section
8. Severability:
To the extent any provision of this policy
or the application thereof to any circumstances is held
invalid, the remainder of the policy and the application
of such provisions to other persons and circumstances
shall not be affected thereby.
If any section, sub-section, sentence, clause,
or any part of this Policy is for any reason, held or
declared to be unconstitutional, inoperative or void,
such holding or invalidity shall not affect the remaining
portions of this Policy; and it shall be construed to
have been the Library's intent to adopt this Policy without
such unconstitutional, inoperative, or invalid part therein;
and, the remainder of this Policy, after the exclusion
of such part or parts, shall be held and deemed to be
valid as if such excluded parts had not been included
herein.
Jefferson Parish reserves
the right to make any changes in this policy at any time!
Revised September 2007
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