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FORT VANCOUVER REGIONAL LIBRARY DISTRICT POLICY ON ILLEGAL INTERNET ACTIVITY
Obtained From FVRL August 17, 2005
Procedures for dealing with situations involving child pornography
Background
The FVRL Policy on Access to Electronic Resources & Rules of conduct prohibit:
• engaging in activities prohibited by law;
• using library electronic resources to access, disseminate or print constitutionally unprotected speech or in violation of copyright laws. Complying with this rule is the responsibility of the user, or in the case of minors, it is a joint responsibility of the user and the parent or guardian.
Obscenity and child pornography are included within this prohibition. Library staff do not select the sites that patrons access on the Internet and once the patron's search session is complete, the material selected is no longer in the Library. It would be impractical, if not impossible, for Library staff to monitor Internet use to ensure that this library policy is being followed. In fact, to do so would violate patron privacy. However, in some instances library staff become aware of a patron accessing materials that may fall within these categories. This may happen as a result of inadvertent viewing by the staff member or because a library user brings this to the attention of staff.
Obscenity: Materials can only be determined to be obscene when found so by a court of law. Library staff have no authority to do so.
Harmful to Minors: People often assume that it is illegal to allow minors to access information that is legal for adults. This is not the case in Washington State. The Erotica for Minors Law was found to be unconstitutional by the Washington State Supreme Court in 1994. There is no currently enforceable federal harmful to minors law.
Child pornography. Washington State law states that “A person who knowingly possesses visual or printed matter depicting a minor engaged in sexually explicit conduct is guilty of a class C felony” (RCW 9.68A.070). (Definitions are attached).
Whether child pornography laws have been violated must also be determined by a court, However, there is a category of visual materials that is unquestionably child pornography. This involves pictures of young children involved in sexual activity, either with another person or by themselves. It is, therefore, appropriate for library staff to take action when we become aware that a patron may be accessing materials that are clearly child pornography.
Procedure
Steps to follow if you become aware that a library patron may be accessing child pornography.
• If someone reports to you that an Internet user is viewing child pornography
be aware the many people believe that child pornography includes any
picture of a nude child. Ask the person who reports this to you if the images
he or she saw were of a child engaged in sexual activity.
1007 E. MILL PLAIN BLVD. VANCOUVER, WASHINGTON 98663 (360) 695-1561 FAX (360) 693-2681 Libraries located in Battle Ground, Cascade Park, Goldendale, North Bonneville, Ridgefield, Stevenson, Vancouver, Vancouver Mall, Washougal, White Salmon and Woodland
• Notify the person in charge of the branch. If at all possible, the person in charge should do the following. However, it is within the authority of any Assistant II or higher to respond to this situation.
• Approach the patron. Use your judgment to determine if the material being viewed is very likely child pornography. The “child” should be clearly a real child, not just possibly a child. You are not expected to investigate. If the individual portrayed could be either an older teen or an adult, assume it is an adult. If the image appears to be unreal, for example comic like, assume that it is not a real child. Unless you observe that the patron has made copies of the material, you should assume that the patron does not know that she or he is violating the law. Tell the patron that what she or he is viewing is probably illegal, that viewing illegal material in the library is prohibited by library policy and that the site must be immediately closed. If the patron is not cooperative call the police.
• If you observe the patron printing or downloading child pornography we should call the police. If the circumstances allow contacting a member of the Administrative Team for advice on the steps to follow, do so. Otherwise the action will have to be taken by the person in charge.
• If the police are called notify IT, identify the terminal involved and ask them to:
a) take action so that the Pharos search session will not time out, which would clear the history and cache; and
b) preserve the Pharos record of the library bar code used to log into that
terminal.
• Meet the police at the door and explain the situation. If they ask to take the
computer tell them that the library wants to cooperate but that a court subpoena will be necessary. Tell them that we will secure the terminal until they get the subpoena.
• Put an out of order sign on the computer. Turn off the monitor but not the computer.
• If you have not already done so, notify a member of the Administrative Team
and fill out an Incident Report.
REMEMBER – the library user is responsible for his or her illegal behavior in the library. Staff are not to monitor patron Internet use. If you are uncomfortable with the situation and have the opportunity to do so, call a supervisor or a member of the Administrative Team. As always, use your best judgment. Your judgment will be
supported by the Library.
Child.Pornography.procedures.rev.doc 4/24/02 cdm
Washington State Law -- Sexual Exploitation of a Minor
RCW 9.68A.001
Legislative finding.
The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children.
The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity. The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities. [1984 c 262 § 1.]
RCW 9.68A.011
Definitions.
Unless the context clearly indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) To "photograph" means to make a print, negative, slide, motion picture, or videotape. A "photograph" means any tangible item produced by photographing.
(2) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.
(3) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(e) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or urination for the purpose of sexual stimulation of the viewer; and
(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(4) "Minor" means any person under eighteen years of age.
(5) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
[1989 c 32 § 1; 1984 c 262 § 2.]
Federal Law - Sexual Exploitation and Other Abuse of Children (18 USC &2256)
§ 2256. Definitions for chapter
For the purposes of this chapter [18 USCS §§ 2251 et seq.], the term--
(1) "minor" means any person under the age of eighteen years;
(2) "sexually explicit conduct" means actual or simulated--
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;
(3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) "organization" means a person other than an individual;
(5) "visual depiction" includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;
(6) "computer" has the meaning given that term in section 1030 of this title;
(7) "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
(8) "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where-- (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(9) "identifiable minor"--
(A) means a person--
(i)
(I) who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable feature; and
(B) shall not be construed to require proof of the actual identity of the identifiable minor.
