LifePac of SW Washington

Life Issues/Family Ethics Political Action Committee

of Southwest Washington

A Freedom of Information Act request was made on February 12, 2001 to the Timberland Regional Library System headquartered in Olympia, Washington for all documents related to library Internet access. The purpose of the request was to ascertain the extent and nature of Internet access complaints or incidents in one Washington library system, as perhaps representative of library systems in the state.

Though library policies differ in particulars, with few exceptions (notably the Tacoma Public Library), libraries in Washington have followed Internet access policies recommended by the American Library Association which advocates unrestricted and unfiltered access. ALA is also suing the Federal government to block implementation of the Children’s Internet Protection Act that requires libraries receiving Federal e-rate discounts for Internet service to use “technology measures” to protect children from exposure to pornography.

In particular we were curious to obtain objective data concerning illegal activities involving Internet pornography (such as child pornography), potential and realized dangers to children (including exposure to obscenity and harmful to minors material), and the extent to which children were being exposed deliberately and/or inadvertently. What follows is a summary of results.

Copies of actual incident reports and correspondence may be obtained by contacting Heidi Borton at heidbort@yahoo.com. The following results have been compiled by Kathryn Garrison. Thank you, Kathryn, for your tireless efforts. We also gratefully acknowledge the legal assistance of Al Wertjes and Mike Faris of Faris & Wertjes, Attorneys at Law of Olympia, Washington.

Note: All rights are reserved. Written permission is required in order to reproduce in any form any portion of the following document. Contact Heidi Borton at above email/phone number.

The following is a summary of the incidents and comments related to the accessing of pornography on Timberland Regional Library (TRL) Internet terminals. TRL consists of a 27-branch system in five counties of Washington State (Thurston, Lewis, Pacific, Grays Harbor and Mason). Headquarters is in Olympia, Washington. Incidents are from 1995 to March 2001. These reports include telephone conversations, handwritten notes from librarians and patron, library incident reports, and correspondence (letters and e-mail) from staff and patrons. For additional information on specific incidents, refer to the incident cited by the number given after the incident or comment.

One hundred and six incidents or comments were made from 1995 until March 2001. In 1995, only 3 incidents were reported with numbers growing steadily each year to a high of 35 in 1999 (Table 1). In 1995 TRL had Internet service with graphics capability at only eight library locations. By the year 2000, 180 computers were in use with full Internet capabilities. In October 2000 parents were sent letters asking them to specify the Internet access for their children. Only 3% responded, with the remaining 97% given the library's default access of "open access," i.e., no filtering.

Incidents included arrests of patrons for accessing child pornography and exposure of children to pornography. The total number of incidents by type in Table 2 is greater than the total number of incident reports in Table 1, because some reports included several incidents, or involved one or more categories. For example an incident report describing a child being accidentally exposed to another child's viewing of pornography would be placed in two categories: "Minors viewing or printing pornography" and "Minors inadvertently exposed to pornography."

In Timberland the most frequently reported problem was minors viewing or printing pornography. The second most frequently reported concern was children being inadvertently exposed to images on other patron's computers. Almost half (54) of the incidents involved children being exposed to pornography, either directly -- by seeking it out, or indirectly -- by being exposed to another user's computer (Table 2).

Twelve incidents were reported that involved patrons viewing others accessing child pornography or seeing child porn sites left on library computers or on printouts (Centralia, North Mason, Aberdeen, Elma, Tumwater, and Shelton). Two arrests (Centralia and Tumwater libraries) were made in connection with use of library computers to access this material. In most cases, police were not notified of child pornography activity.

Correspondence includes both comments supporting the library’s open access policies and those protesting children’s access to pornography in a tax-supported entity. In addition, in 2000, petitions were circulated favoring filtering and opposing the library’s policy, garnering 2,038 signatures. Petitions supporting the library position garnered 111 signatures.

Incident reports are presented chronologically by year starting with September 1995 and ending March 2001. If additional information is provided, it is referenced to correspondence summaries following the library incident reports. For example "No. 95-1" refers to correspondence Number 1 from 1995.

Note: Names of individuals filing complaints and comments have been deleted to protect their privacy and are indicated by parentheses. Names of library administrative staff, legal representatives and local elected officials have been left as they appear in these documents. Individual staff in libraries are usually indicated by first name only or their names have been deleted.

09/29/95 Tumwater Director Kruse reports to TRL board that there have been two complaints in the past week regarding graphic sexual images being displayed by minors on the Internet. (No. 95-1)

10/09/95 Tumwater A patron observes two middle school age boys and a 10 year old looking at a picture of a nude woman. She reports it to the librarian who tells her it is library policy to allow users to access what they want. Patron was distressed that her six year old was exposed to pornography that "unsupervised minors were accessing on computers paid for by taxpayer dollars and in plain view of everyone in the library." Patron urged an immediate change in policy.

12/11/95 Centralia Patron writes about teenagers viewing and printing photos of nude women from the Internet. "I highly object to the computer being used in this way and intend to write the Daily Chronicle about it because I'm tired of this nonsense going on."

03/29/96 Unknown Written on a library form called If I ran the library, I'd change:

"Computers being used by children to watch porn. This is outrageous! How about having half the computers be protected and half not and children may only use ones protected. Don't even want to come in here at times. I want to call police. How can state get away with this? – ( )”

04/09/96 Tumwater Patron and her daughter observe images of nude women on screen of terminals being used by two young boys. Patron also removes image of nude woman attached to screen of library catalog terminal. Patron makes statements to TRL Board.

5/25/96 Lacey Patron writes to urge library to remove access to pornography in keeping with their selection policy. She asks staff to not allow materials that are elsewhere banned to minors. (No. 96-5)

06/26/96 Elma Patron and two children are exposed to Internet pornography while waiting to check out books. (No. 96-8)

08/17/96 Lacey Adult patron observes a young boy about ten years of age printing pictures of naked women. The boy leaves the library without retrieving his documents. (No. 96-9)

09/16/96 Unknown Adult patron complains to library staff member, Patty, about pornography on the Internet visible to passers by. Registers a complaint with the police department.

09/27/96 Lacey Police officer expresses concern to library staff about children viewing pornography. (No. 96-11)

9/28/96 Unknown Patron note to library staff member, Patty: "The young man using the Internet is looking at porno pictures. Should this be allowed while young children are around?"

11/06/96 Olympia Mayor Bob Jacobs writes to TRL Director Kruse offering two suggestions: 1. require minors to have parental permission to use the Internet, and 2. Allow minors access to the Internet only at screens visible from a staffed desk to allow staff to monitor minor's use.

12/09/96 Elma Librarian receives phone call from patron about a child accessing x-rated or sexual sites on the Internet.

?/?/96 Unknown Handwritten note: "It is obvious that the Internet is being used for pornography viewing by the young boys. I would like to suggest moving the monitors close to the reference or check out counter where staff would be able to keep an eye on these kids. This would perhaps discourage the viewing of these activities. If this isn't possible maybe some of the screens could be moved to a far corner where young children (and their parents) aren't subjected to such viewing by simply walking by. I am sorry to say that these activities have made me reluctant to bring my children into this library."

02/13/97 Centralia Female patron, ( ), reports to librarian, ( ), that a man at the Internet station is printing child pornography. Another librarian, ( ), reports that she looked up the RCW concerning possession of child pornography since "we were unsure of those laws and gave them to ( )." She then checks the GO command on Netscape on male patron's computer after he leaves. Reports that website "Lolita Links" was accessed. Decides to check this web site from her home computer to see if it includes child pornography.

02/14/97 Centralia Library is given a search warrant for signup sheet for library Internet use and one 3.5" diskette containing bookmarks (defined as "web site addresses that have been saved by users and library staff."). Warrant also asks for a computer located inside the library. Reason for warrant "Possession of child pornography."

02/15/97 Centralia Patron observes another patron printing child pornography. Police later arrested Melvin Chessman, on parole for conviction of possession of child pornography in Thurston Co. in 1995. He would molest teenage boys who he would contact at the library. (No. 97-1)

02/15/97 Centralia Friend of ( ) calls to express her concern for her 10 year daughter who she frequently drops off at the library.

02/25/97 Olympia Male patron complains of people looking at inappropriate material on the Internet.

3/25/97 Tumwater Patron finds printout from Playboy.com website in men's room and turns it in to librarian.

6/20/97 Shelton Patron finds about 15 pages of pornographic pictures from various Internet websites attached to a library publication. Reports to librarians that finding this material upset him.

07/01/97 MC Police officer notes a teenage minor looking at pornography on library Internet computer. Informs library staff they were violating state law by allowing access to Internet porn by minors. Officer orders teenager to leave the library and not return for the day. (97-2).

07/16/97 Lacey Adult patron observes teenager and 10 year old boy viewing pornography on Internet. Expresses her concern to librarians who explain that TRL provides open access and that parents are to supervise what their children are viewing. Librarian does approach the boys and asks them to stop their loud laughing. Patron has further conversation with librarian on July 18 and says she still does not like taxpayer money going towards accessing pornography.

07/18/97 Lacey Adult patron observes young boy and friend printing off pages on bomb-making left on screen by previous user, another 10- year- old. Police officer reports this incident to the library staff and asks to see the sign up sheets so he can alert the parents of this boy. Librarian told him: "...our sign up sheets only had first names and that signup sheets were confidential--only available to the police department if a subpoena were presented to the library director."

11/05/97 Lacey Adult patron observes "young man" (possibly 16-20 years old) using the Internet. He had small pornographic photos in a photo folder and kept going back and forth between the folder and the Internet.

03/10/98 Shelton Patron phones library to say his wife has observed, three times in the past week, young kids about 16 years of age using the computers at Shelton to access pornography. He states "I know you have to work within the laws, but it is scary that we, the taxpayers are facilitating teenage boys doing this--something that may affect them for the rest of their lives."

03/11/98 Unknown Adult patron observes patron next to him viewing pornography. His main concern is that children could walk by and inadvertently view this material. Patron expresses amazement that public libraries would offer access to such material.

03/12/98 Olympia Female patron observes children and adults printing copies of "naked people having sex" off of the Internet. Suggests that children should have a signed parental permission slip to get on the Internet.

03/16/98 Unknown Male patron observes kids viewing porn and fills out a form: "If I ran the library, I'd change: The computer policy. It's annoying to be turned away from a chance on the computer so kids can look at naked pictures at 1:45 in the afternoon on 2 different machines. Shouldn't they be in school?"

03/17/98? Lacey Female adult patron observes young patrons viewing pornographic images on the Internet. After telling the librarian of her concerns, librarian recites TRL policy. A few moments later another woman reports seeing graphic images on an Internet screen while walking to the copy machine. She expresses her concern about letting her children move about the library without her. Later that evening, library staff receive a call from Lacey police about a report of young boys viewing pornography at the Lacey Library.

03/24/98 Olympia Adult patron observes a large volume of printouts of pornography coming out of the printer, and writes: "I am appalled that my tax dollars are being used to supply pornography to constituents. I am glad that I did not have one

of my sons with me while someone was printing 100's of pages of porn pics on the one printer available." He goes on to suggest that the library "Block Internet access to porn sites and block the printing of same. Many people who have to file through the smut to find their own legitimate printouts find this preposterous and contemptible, especially when it's our children."

04/17/98 North Mason Staff member reports that a patron complains about many sex sites on the task bar of the computer when he went to use it. Staff member closes all sites and reboots computer.

04/22/98 North Mason Male patron reports seeing young man and several younger boys ages 9-10 viewing pornography on Internet. Young man is then observed by patron retrieving a stack of printouts and go into the men's restroom where he is observed masturbating in stall with pornographic pictures spread all over the floor of the stall. Patron reports " My primary concern in reporting the incident in spite of Timberland's reluctance to censor personal behavior was the possibility that other children may have had an opportunity to use that restroom thereby creating a serious possibility of a crime against a child occurring in the facility." Police are not notified.

04/28/98 North Mason Male patron reports seeing a child pornography site left open by previous patron and wonders if this was legal.

05/27/98 North Mason Patron and child are exposed to porn site on screen left by previous user.

06/25/98 Tumwater Two female patrons report that young boys were viewing and printing "disturbing sexual Internet printouts." The son of one of the patrons, 7 years old was hanging around terminal where older boys were accessing and printing pornography. Patrons are concerned that young boys could be on the net looking at this material.

07/28/98 Tumwater Librarian recommends that TRL filter access on computers in the youth area. She writes: "Inadvertent viewing of potentially offensive graphics intended for adult viewing is a problem. TRL has minimized the problem by privacy screens, placement of screens, etc. But believe me the situation still exists." (No. 98-2)

7/29/98 Centralia In a correspondence from Judy Dupuis to Mike Wessells, librarian Dupuis writes: "We have 5 PC's in our reference area now heavily used by adults, teens, and children, many of whom are accessing pornography and some earning money by selling copies of what they print at the area schools." (No. 98-4)

10/07/98 Centralia Patron identifying herself as a psychologist knowledgeable about children, views "sexually explicit" images on another screen. Patron felt images were particularly harmful to children and could not understand why library allows children to access such images.

10/07/98 Centralia Preschool child clicking open different Netscape buttons left by previous patron, views sexually explicit images.

10/21/98 Centralia Centralia page finds about 25 copies of a "vulgar sentence" (probably printed on library laser printer) scattered around the library during closing. The next day a patron finds a web page for SexVillage.com attached to public bulletin board in foyer. Web page included explicit photo and verbiage: "The SexVillage FREE Members Entrance! Get the highest quality Hardcore Pictures on the Net, the Youngest Models, The Best Videos, and Plenty of other features, FOR FREE!!!" Pages are alerted to be "visually vigilant' when performing their duties.

10/28/98 Centralia Staff report minor patron attempting to break through codes on Josten computer to access Internet. This individual had earlier used a staff computer to access "sex world." In addition this patron and friends have been observed printing signs and messages on library computers and leaving the results by computers and on the video shelf. These individuals have also been observed putting hands into the slots on the printers to feel the heat and to jump around saying it is hot.

11/03/98 Aberdeen ( ), library staff member, reports seeing child pornography on 'locked' screen after previous user departs. She had been aware of complaints that this person left bad sites up for the next person to see. She asks the individual, Ed H., to please make sure he backed out of his sites before he was finished with his time. Offending patron agrees, but when next person tried to use the computer it wouldn't work and was locked on child porn site. Police are not notified.

11/03/98 Elma In a letter to the editor of the Daily World (Aberdeeen) a parent reports her son returned from the library with about 50 pages of pornography. Parent would like library to put blocks on this type of material.

12/04/98 Unknown Patron visiting the library with small children reports seeing pornography on another patron's screen. Thinks she may not come back.

12/07/98 Centralia Custodian finds the following items in men's room trashcan on three different nights: empty bottle of rum, empty beer can, bottom burned, sample size bottle of vodka, issue of smut magazine, and several pages of "extremely graphic (sexual) computer printouts." Police are notified by library staff and believe the beer can was used for methamphetamine.

01/05/99 Lacey Adult patron observes another patron viewing and printing out pornography. Loud argument between patrons ensues. Librarian intervenes and patrons break off discussion.

01/06/99 Lacey Same patron objects strongly to staff about allowing viewing of pornography in the library.

02/12/99 Tumwater Male patron has "full inadvertent view of a pornographic site on the computer." Recommends the installation of a 3' high privacy partition to alleviate parents' concerns about their children viewing unsuitable materials. "...I want this privacy wall built so others will NOT be subjected to such filth.

02/17/99 Unknown Patron reports that while her son was using the computer, the person next to him was viewing porn type pictures and made a few suggestive remarks to her son. She was concerned about the possibility of someone making advances.

03/10/99 Hoquiam Male patron and his children are exposed to pornography. He writes: "More and more as I visit the library I see children...sitting at the computers looking at very graphic pornography...I assure you that this is not the Playboy-type stuff my friends and I use to sneak a peek at in the drug store. The most recent example occurred last week as I was perusing the video section which is adjacent to the computers. I glanced over and saw a young teen viewing a very explicit image while a boy of about 8 or 9 years of age was happily looking over his shoulder. Anyone standing at the video shelf could clearly see the image, even with the screen shield in place. (My own kids walk right past those screens on the way to the children's books, which are also next to the computer! I no longer feel comfortable allowing them to walk about in the library unsupervised.)...In an age where stories of rape and molestation are in the news every day and easy access to hard-core pornography can only make things worse. If the children of today are freely exposed to the very explicit and abusive exploitation of women, found in abundance on the internet, what will the future be like for my daughter?"

03/19/99 Tumwater Patron phones the library to say her son had seen some naked women on the Internet website left open by another patron.

03/19/99 Centralia Patron reports her friend observed young boys ages 10-12 years old watching pornography on the computers. "Having read reports on pornography and the devastating crimes of rape, murder, and molestation perpetrated against women and children by those who look at and read pornography I cannot understand libraries allowing anyone to use library equipment for this sick and disgusting material. It is quite obvious our founding fathers never meant the First Amendment to include pornography...I have enjoyed libraries for many years and am saddened to see this turn of events.

03/22/99 Olympia A patron phones the library after hearing about a co-worker's son being inadvertently exposed to Internet pornography. Indicates she is going to start a letter writing campaign against the library providing pornography. She feels that it is not right that the library does not stop children from viewing, but a porn shop would. Also does not want to pay taxes to provide 'perverted entertainment.' Libraries should be a safe environment for children and people should be able to send their children to the library and know they will be safe.

03/22/99 Centralia Librarian reports that the most frequently reported problem is sexually explicit images left on the screen by the previous users and states: "It troubles me a lot that some of our most regular seekers of sexual images are teen and pre-teen boys -- but I don't believe that filtering is the answer." (No. 99-5)

03/23/99 North Mason Patron asks why there is no filter on children's terminal, she assumed there was. Would like the library to post signs saying "This computer has no filters" and would like the library to educate the public on their issues and policies. Her son was "sexually assaulted" by pornography left on the children's computer and by an adult on another computer looking at porn.

03/25/99 Tumwater Adult female says the library needs to keep the Internet but should put filters on it because of the 'garbage' on it. She also says she does not want any of her tax dollars going for smut. She says: "It's just not right. I bet even the librarians don't like having to see this."

03/25/99 Tumwater Patron relates incident that happened to her friend at Olympia Library: Friend had been at the library using an Internet station when four middle school aged boys were at the one next to her looking at pornography. Her friend told the boys to stop and they were abusive to her. When the friend went to a staff person for help, she was told they could not stop the boys from using the Internet and they could look at anything they chose. Both women were outraged and couldn't believe the library would support this.

03/26/99 Tumwater Adult patron is concerned about his taxes paying for pornography.

03/26/99 Tumwater Adult female patron reports being exposed to "nude women one of whom had her legs apart 'in all her glory.'"

03/26/99 Tumwater Adult female patron reports: "We've always had these kinds of places about sex but people saw it at the sex places, certainly not in a public library...If they can get rid of the pornography there [Tacoma] why can't this library?"

03/27/99 Unknown Patron completes "If I ran the library...I'd change: computer policy re: minors young children allowed to view porn. Phooey on 'it's the parents responsibility.' No other public place allows children to come into their establishment and view porn without it being a criminal offense. At the very least, allow them only access to one filtered computer -- their protection should outweigh protection of adults."

04/02/99 North Mason Child reports to librarian that while scrolling the "Locators Bar" he clicked on some porn and wanted the librarian to remove it. The librarians informs him she can't remove that, but would show him some other ways to access his e-mail account, open search engine, etc.

04/03/99 North Mason Librarian reports complaints from patrons about a recurring problem on the "children's computer." The problem "...involves the history cache and the quick access it give to whatever is in that file. We currently have a porn site in that file that you cannot get out of. You cannot X out nor does control f4 work or a right click and close. It is also in a loop where if you close one it goes immediately to another and then loops through a series of sites of like nature...Any child is one very quick inadvertent click away from viewing something he/she or a parent may view as inappropriate."

04/08/99 OP Granddaughters of patron are sent photos of genitalia from a guy they were chatting with on-line at the library. Grandmother writes: "...can something be done to protect those who use this wonderful thing (the internet) from those who would ruin it for everyone?"

04/15/99 Tumwater Vice President of Tumwater School District writes to TRL director about concerns related to youth accessing pornography via the Internet at TRL. He urges TRL to put into place safeguards for appropriate youth Internet access and use. (No. 99-12)

04/16/99 Unknown Patron urges library to find a compromise to restrict minor's access to pornography. (No. 99-13)

04/20/99 Elma Library staff reports finding computer document on library terminal containing child pornography. She prints documents which include a nude 12 year old and a five year old with a "man's penis in her mouth," then puts them in her desk She reports her actions to other library staff the next day. No mention is made if police are contacted. (No. 99-14)

04/20/99 Olympia Patron writes: "I do not want to see any pornography when I go to the library; surely I have just as much a right to avoid viewing this as others have to see it." (No. 99-15)

04/20/99 Lacey Patron writes: "I do not think it is asking too much of the Board to make it a goal of the TRL to not allow porn sites to be viewed in a library...There is no valid reason for this Board to facilitate and accommodate porn viewing. It is my hope that the Board does not turn the TRLS into a peep-show provider." (No. 99-16)

04/21/99 L, OL, TU Patron writes: "I would like to see filters on all patron computers or I would like to see the Timberland Libraries subscribe to an online service that filters obscene and pornographic materials. (No. 99-17).

04/22/99 Olympia Patron is refused access to a book entitled "Christmas on Jane Street" because is is too new for interlibrary loan and TRL had no plans to purchase it. She writes: "I have read in the Olympian over the past few years about your policy of providing Internet pornography to all your customers, including children. I have been a library patron for decades, and I really deplore your choosing pornography over a book which affirms good people and families. What can you possibly be thinking?"

04/29/99 Olympia Librarian reports that a patron complained that the previous patron had left many pornographic windows open on the internet machine behind him and that it took her five minutes to shut them all down. The patron that used the machine before her was a homeless patron. This patron had been spoken to on several occasions before by library staff and told he needed to shut down the windows on his machine before he leaves, but was "not at all receptive."

04/29/99 Salkum Library staff member writes regarding Internet complaints: "We have had one vocal complaint here at Salkum within the last two weeks. So we have been very fortunate."

04/29/99 Amanda Park Staff writes regarding Internet complaints: "...I have had two patrons verbally express a wish that Timberland could do something to prevent access to pornographic sites at the library."

05/5/99 SA Staff member documents patron complaint that patron and her husband could see pornography on the screen of another patron who was a minor. "The couple were both agitated, but seemed satisfied that TRL was listening to patron complaints."

06/30/99 Lacey Library staff reports that a patron deposited Internet printouts containing images that were "sexually suggestive" on the check-in counter. Patron reported finding them on the floor of the men's room. Noticing that the printouts had "drops of some kind of liquid on them," the staff member recommended that "in the future he should allow library staff to handle possibly biohazardous material such as this." Staff member then cleaned the counter and her hands with a "healthcare personnel antiseptic handrinse."

08/13/99 North Mason Patron reports seeing 'pictures of naked people' on computer screen when he went to use it. The librarian reports that "Apparently these pictures were on the screen and could have been viewed by any child in the children's area. This man did not want to make any kind of formal complaint. He obviously thought what he was subjected to was illegal and he wanted someone to know."

08/18/99 North Mason Patron at children's area Internet terminal speaks to librarian about search results brought up by "paintball.com" being pornographic.

08/27/99 North Mason Patron calls the library to say her son came home with pornographic printouts. She makes it clear that he is not to come in and do that again. She wants the library to back her up and deny him access to the Internet. Librarian explains that TRL has a policy of open access and that parents are responsible for their child's usage. Library staff encourage her to come in a learn about the filtered search engines that are available.

10/23/99 Elma Police officer asks library staff to notify him if they notice a particular individual using the Internet computers. Library staff refuse, citing Washington State law regarding patron confidentiality.

01/29/00 Elma Patron and teenage daughter are exposed to pornography on another patrons computer. Patron asks if there are city laws against this and says she is going to contact the city about this.

02/03/00 Tumwater Custodian finds and gives librarian a stack of computer printouts depicting child pornography. Librarian does not know what to do with them, but does notify other library staff. A police office comes to get the papers the next day. (No. 00-1)

02/16/00 Tenino Female patron is disturbed by four teenage boys who are looking at sexually explicit pictures of women and making lewd comments. She raised her voice to express her disapproval and asked [deleted] to 'do something about it!' Staff member tries to calm patron down and explains TRL policy and gives her the director's phone number.

03/10/00 Tumwater Female patron reports to staff that a man is looking at child pornography. She reports this information to the Tumwater police, as well.

03/13/00 Tumwater Police arrest a man looking at child pornography on an Internet access computer. (No. 00-2)

03/14/00 Shelton Patron notices a child pornography site left up on one of the computer screens. He reports it to library staff saying, "You have a felony there." Staff investigate and find that the porn site came up under the "No filter" log on and could not be eliminated, service center is notified. Police are not.

03/29/00 North Mason Student in a library Internet use class is exposed to pornography when another student in the class, a known "porn user," begins to surf porn on the hands-on portion of the class. Instructor is confused about how to handle the situation and chooses to ignore it. (No. 00-3)

04/10/00 Unknown Patron reports that friend of her 10 year-old daughter was caught with pornography she got from the Internet at the library. Daughter wants to come see it, too. Patron wants to know what type of filters are in place.

04/10/00 North Mason Handwritten note from library staff reports finding a copy of an "adult pornographic screen saver" that had been printed out and left by a patron

04/18/00 Lacey Two different patrons are exposed to printouts of pornography ("nude women with legs wide spread") on another patron's computer. Patrons had picked up printouts by mistake when retrieving their own printouts. A third patron and her 8-9 year old son are also aware of situation and walk away. Librarian asks offending patron to stop printing and he agrees.

06/28/00 Olympia Patrons call police after seeing porn left on screen and print- outs. Four to six patrons are involved.

07/05/00 Tumwater Patron reports seeing a young man viewing and printing off pictures of "naked men in homosexual positions." Library staff explain TRL policy and tell the patron that if he thought he saw something illegal (child porn) then the library could let the police know.

08/29/00 Centralia Female patron observes a young man using computer to access and print pornography. A hour later the woman returns with a police officer looking for the young man, who had left.

10/14/00 Olympia Patron with two young children observe another patron viewing possible child pornography. Library staff ask if he wants to call police. Patron says he will handle it himself and walks over to offending patron, argument ensues. Library staff calm the situation and patron departs, but does not call police. Incident report notes that other staff members and patrons had complained about this offending user's access of "very sexually explicit scenes" at other times.

10/20/00 Centralia Patron with four-year-old child and woman friend complains to staff of a patron viewing pornography on one of the unfiltered Internet computers. Patron is asked if it was child pornography, when told it was not, librarian explained TRL policy and the segregation of filtered and unfiltered access in the library and parental choice for children's access.

10/22/00 Centralia Patron and her children are exposed to pornographic materials being viewed by another user. Patron approaches library staff to inform them and ask them to stop him. The library staff member asks if it involved child porn, which it did not. Librarian reports "I said that material that she might consider to be pornographic, but did not involve children was not considered illegal and that I could not, according to library policy, ask him to stop viewing the material."

[Editor’s note: In addition to child pornography, legally defined obscenity is prosecutable. See Roth v. United States 354 U.S. 476 (1957); Paris Adult Theatre I v. Slaton 413 U.S. 49 (1973); Miller v. California 413 U,S. 15, 93 S. Ct. 2607 (1973); Reno v. ACLU 521 U.S. 844 (1997) Footnote 44. While a library exemption does exist in Washington, the legality of Internet access to obscenity in public libraries has not yet been examined by the higher courts. It is a dubious exercise for library staff to be rendering opinions on the legality of “pornography”.]

10/25/00 Tumwater Patron discovers "sexually explicit pictures" in a Word file. Library staff remove the file.

10/26/00 Lacey Patron and his two children using the children's area are exposed to pornography on a computer. Patron feels his kid's right to use the children's area without seeing pornography should be just as important as the rights of the person viewing the porn. Patron leaves the library mad and says he will contact his legislator.

12/1/00 Olympia Patron reports that a few days before, she had observed another patron viewing child pornography involving genital mutilation. She reported that at the time, she just want to 'flee,' and that she was afraid to tell the library staff because one of them had been rude to her. She was also afraid the man might go after her own daughter if he knew she had turned him in. She overheard the man saying he runs his business out of the library printing off these photos for free. Police are not notified.

02/02/01 North Mason Handwritten note about a minor child accessing child pornography.

02/27/01 Centralia Patron observes two young boys about 11 years old viewing pornography. Library staff asks if it was child porn, which it was not. Librarian explains that child pornography is illegal, unprotected speech.

03/16/01 Shelton Patron and her child are exposed to "an Internet site with horrible disgusting porn" as they entered the library. Patron felt that it was like walking into a porn shop. In addition she reports that an eight year-old girl was sitting right next to the computer.

03/16/01 Shelton Patron requests that library filter out all porn from the computer after seeing pornographic material left on the screen of another user's computer.

02/23/01 Shelton Patron asks that the printing of nudity be stopped because it is a waste of paper and ink. She/he sees lots of it being discarded.

*Correspondence for 1995 –1999 is inclusive; for the year 2000 we have included selected comments on both sides of the issue, due to the volume of letters and emails received by the library system in that year.

Beginning in 1995, Library Director Kruse was aware of the problems associated with unrestricted access to the Internet, and concerned about "accidental viewing" of pornography. Despite complaints from patrons, her suggestions to library staff were to make viewing MORE private by turning screens away from public view so that accidental viewing is minimized.

Ms. Kruse reports on two incidents at Tumwater where adults saw images on terminals used by minors. She reiterated to the board that the library policy (adopted by the board earlier) was that they do not restrict access and that they post information informing people of the policy. They treat Internet use as they do all other library material, that it is available to all patrons regardless of age.

"As a temporary measure, I have asked staff to move terminals where possible to allow as private a use as feasible, and especially to try to arrange them so that accidental viewing is minimized."

She stated that she is gathering information from other libraries and elsewhere on this issue and would like to discuss this subject at the next board meeting. She states: "It's not going to be an easy one to solve. At this time we have Internet in all libraries, but we have Netscape available only in the 8 largest. Pictures are available only where we have Netscape."

Staff reiterate their support of intellectual freedom and belief that parents are the ones to guide their child's reading/viewing habits, and therefore express their support for continuing open access to the Internet for minors.

Mr. Wessells summarizes staff discussion of parental permission for use of the Internet for under age 18. He is gratified at the agreement between the degreed library professionals and most of the professionals in their auxiliary fields. He affirms the library stance of open access: "We try to ensure that there need not be any information 'have-nots' in our society. To do this we respect the rights of all Americans, regardless of race, nationality, or age."

In addition, he states the role of parents in guiding their children's use of library materials: "We encourage parents to take an interest in and guide the reading and viewing of their children, but we do not act as the parent nor do we presume to know better than the parent what the child should read or view. Instead we make all materials accessible to everyone and allow all parents to direct their own children in whatever way they choose."

Tina Roose reiterates to Thelma Kruse and the board the opinion of open access for all and suggests that restricting access to Internet for children would be admitting that there is something harmful or inappropriate about this library material.

She states that "The primary mission of a public library in a free country is to provide a public forum for the free exchange of both constitutionally protected information and ideas on all subjects. A public library that avoids controversial materials also avoids its Mission. A public library is a governmental agency which serves as an information source and public forum for its diverse community, and thus it must protect the First Amendment rights of all its citizens. The Timberland Regional Library has endorsed FREE ACCESS TO LIBRARIES FOR MINORS."

She goes on to state that restricted access to minors for one medium will lead to other restrictions on their access, that the library selected access to the entire Internet, and that pornography is available in other library resourses.

Finally she reiterates library policy that all materials are available to all persons regardless of age and that the library does not make "value judgments about what may be sensitive material for any family." And "Parents... should instruct and guide their own children and/or accompany them to the Library as the parent deems necessary. Many different parents have widely different ideas of what constitutes sexually explicit or inappropriate material. Parents, not the Library, are responsible for deciding at what age their children are sufficiently mature to read or view or listen to sexually explicit material or any other type of material or to make their own decisions about these activities. If we single out one resource, the Internet, and label it 'requires parental permission for minors,' we are telling ALL parents that we think there may be something 'inappropriate or even harmful to minors' therein."

Ms. Strohl sends her endorsement of statements prepared by Tina Roose and Mike Wessells for the board's consideration. She believes that requiring parental signatures for children's access would be to put up a barrier to access for "innumerable middle-schoolers and teenagers." She believes that parents of these children could not possibly take the time to come into the library to sign a permission slip and that it would be "humiliating perhaps to high school students to have to be treated like an irresponsible person who 'needs permission.'"

She also stresses that requiring parental signatures would be difficult to implement and enforce, as there would always be ways around it. For example, groups of young adults 18 and over working on a PC with a friend who is younger and does require a parental signature. She reminds that the Board has already stated as a guideline that staff will not monitor access.

Picketers threaten Tumwater Library. Again Ms. Kruse acknowledges the problem with minors accessing Internet services at the library.

Ms. Kruse thanks the board for their support during the past week as they have dealt with the latest Internet challenges. She informs them that picketers may appear at the Tumwater Library, and that they have extra staff ready to assist in Tumwater if they are picketed.

She also informs the board that she has contacted Tumwater city staff to discuss library Internet policy and the high school officials to talk about "positive ways to deal with the kids who cut class and come to the library to hang out during the school day." She recognizes that, "Kids who come as a group and monopolize the Internet terminals both can be a behavior problem and keep other people from using the resources."

Patron letter in response to front page article in the Daily Olympian on Sunday, April 14, 1996. She urges the library to remove access to pornographic materials in keeping with their selection policy. She states: “Parental discernment, supervision, and training are essential for our children, but we as parents extend our trust to you not to allow materials that is elsewhere banned to minors."

She cites Lacey Municipal Code restricting adult businesses. "The suggested privatization of the Internet computers may protect unintentional viewers from seeing offensive material, but by allowing access to minors it becomes illegal. The regulations regarding X-rated viewing booths states, 'No persons under the age of eighteen years shall be allowed to occupy a viewing booth at any time. (It is also unlawful for)...the owner or manager to knowingly allow the above conduct."

Mr. Lawrence thanks ( ) for her letter and tells her the library director will reply to her letter on behalf of the board.

Library board president totally misinterprets patron's concerns. (compiler’s opinion)

Ms. Timm thanks ( ) for her "affirmation of Timberland Regional Library's intellectual freedom stance on the Internet regarding freedom to read and freedom to view as supporting first amendment rights." [She must have confused ( ) with someone else, although she goes on to thank her for the filtering information.]

Staff reports on exposure of patron and her two children to Internet pornography. Patron is concerned about "...kids being exposed to suggestive and/or vulgar 'chats' and sex-tinged photos...and tax-payer dollars being spent to provide this way for someone to 'get his jollies.'"

Staff member reports that she listened to patrons concerns, thanked her for sharing them, and would pass her concerns on to her supervisor. She also reiterated to the patron, TRL policy of open access, that they do not monitor use in any way, and that the Administration is concerned about patron privacy while using the Internet.

She mentions that the Elma's two Internet terminals are right near the Circ desk and that what's on their screens is very obvious to people as they walk into the library, while they wait to check out materials and as they enter meeting room. "It is very easy to be caught off guard and 'visually assaulted' by the images and comments on the Internet screens."

Patron ( ) relates his Internet experience from Lacey library on August 27, 1996. He observed a ten year old printing pages of images of naked women. ( ) turned printouts over to librarians and obtained a copy of their Internet policy. In his letter, he suggests a change in the policy that would "restrict[s] the use of library resources to minors for the purposes of accessing pornographic materials." He makes the point that the State of Washington does not permit the sale of these materials to minors and the library should abide by the same standards.. He also states "I do not want my important research delayed while youngsters are cruising the net in search of the kind of material they would be restricted from obtaining elsewhere. This is not a worthy use of library resources and I cannot support it."

He ends by saying "I also think that it is your best interest to deal with now before it gets blown out of proportion. I am sure that, sooner or later, some child's parent is going to become very upset when they learn that their son or daughter has been allowed to access this kind of material at a public library."

Ms. Strohl states library policies: librarians do not select Internet material, parents are responsible for their child's use of the Internet, the library is not 'selling' materials to minors, but rather is "fulfilling its unique role in society as a source of information from which to discriminate and choose," the library does not monitor what people use, see, or read in the library and that in fact "confidentiality and privacy are key guiding principles of library service."

When addressing ( )’s concerns about children viewing pornography being a tax supported activity, Ms. Strohl points out that the cost of filtering would require additional tax money and that software is not currently available that would work in a library setting. Such software slows down the performance of the PC and could screen out some information that could be valid and valuable in library research.

Finally, she states that all users are allowed one hour of Internet time. Also, she states she cannot change policy, that the board sets policy.

Police Commander tells library staff that Lacey city ordinances do not allow youth under 18 access to pornography in adult bookstores and that libraries should be held to this or a highter standard. Staff reiterate their policy of open access and the responsibility of parents to monitor their children.

Re: Lacey Police Commander, Ed Sorger's concerns about Internet access in the library for those under 18

In this memo, Ms. Strohl relates to the library director an incident involving a Lacey police officer. She tells how Commander Sorger phoned her because of community concerns about youth under 18 being able to access pornography on the Internet. According to Stohl, Sorger said, "There are city ordinances which don't allow youth under 18 access to pornography in adult bookstores and we should at least hold our public libraries to that or a higher standard." Commander Sorger then visited Ms. Strohl and brought her a copy of the Lacey city ordinance.

Commander Sorger did not have any formal complaints from citizens, but said he hears a lot of people expressing concern about this problem (schools, Lion's Club, etc.). He had also discussed it with the police chief, Bernie Main, and plans on talking with City Attorney, Ken Ahlf, and to the Tumwater police chief.

Ms. Strohl offered the library's view of open access and the aim of the library to help parents and children use the Internet wisely. They discussed blocking software and Ms. Strohl informed him of some of the drawbacks of it in a public library. She also told him of classes the library will be offering in November for parents and children. Commander Sorger was concerned about those parents who never supervise their children.

Ms. Stohl gave him three items: TRL Internet Policy, Child Safety on the Information Highway, and Law of the Net from Internet World January 1996.

When asked by Ms. Strohl what suggestions he might offer, Commander Sorger suggested that they could turn the screens around. When Ms. Strohl said they were having a meeting to consider this so that people would have more privacy and patrons walking by would not be exposed to offensive images, the Commander said, "No, that's not what I mean. I think you should turn the screens so they are very visible to the staff and people walking by so it would embarrass kids and they would not access these pornographic sites." He also suggested that youth under 18 should have to sign a statement that when using the Internet, they would not access any of the type of material described under "obscene materials" in the Lacey ordinance. If they did, they would no longer be able to use the Internet.

Director Kruse reminds the board that libraries are exempt from obscenity laws, despite what the police say. TRL attorney Craig Hanson advises staff to "quash" any police action at the library. He convinces staff that police behavior is "intimidating and inappropriate."

This document is Ms. Kruse's report to the board about the incident reported by Ms. Stohl in her September 27 letter [above]. Ms. Kruse informs the board that "a police officer, in plain clothes, came in on the weekend and complained to Mary Strohl that TRL was providing pornography to children through the Internet. He said that several people in the community had spoken to him about it. He had no formal complaint or names." She reports that Mary "handled the incident well, spoke about the nature of the Internet and the process the Board had gone through to establish policy."

Ms. Kruse reports that she called the TRL attorney, Craig Hanson. "He was concerned about the action of the police officer. It struck him [Hanson] as an act of intimidation to come into the library in this way." She says that it was unclear to them whether he had come in on his own or as a police officer. Mr. Hansen called the Lacey city attorney to discuss the incident. When Ms. Kruse contacted the police officer he made it clear to her that he had come to the library in his official capacity, that he did not want to get staff in trouble with the law, and that he was writing up the report and submitting it to the police chief.

Ms. Kruse then informs the board that she discussed this incident with Helen, Carolyn, and Amory and that she thinks the major reaction was agreement with the library attorney that the action of the police officer was "inappropriate and intimidating."

In her final statement, Ms. Kruse says, "Libraries are of course exempted from the laws which deal with providing pornographic or obscene material." Her concern is how to deal with the situation in a way which clarifies TRL's position to the city and hopefully brings some understanding to the city officials. "Bernie Main is fully aware of and supports the library's position on intellectual freedom. Others on the city staff do not share this philosophy. We have decided that the best approach is to try to work informally to inform the city manager about our policy. Mary is providing information through Bernie, and perhaps will go with her to talk to the city manager."

Mayor Jacobs, after meeting with elected officials and hearing concerns from parents, offers two suggestions for handling access to pornography by juveniles:

1. Require that juveniles produce a note from their parents permitting them to use the Internet, and,

2. Allow juveniles to access the Internet only at screens visible from a staffed desk, which would allow existing staff to monitor such use and intervene as necessary.

Library staff are unresponsive to patrons concern about accessing child pornography and admit their ignorance of child pornography laws. Police learn about a child pornography library incident from a radio talk show. Library attorney,Craig Hanson, admits he is not conversant with child pornography laws and compares this child porn incident to the Lacey police incident in September 27, 1996, even though in this case a particular individual was seen printing child pornography in the library. Attorney admits he is not familiar with child pornography laws and will try and "quash" any police action by talking with Centralia city staff.

Correspondence from Corene Jones-Litter to Thelma Kruse (cc: Mike Wessells and Tina Roose):

Four page memo listing the sequence of events relating to child pornography and library Internet.

· Thursday, February 13 -- A patron, ( ), complains to Corene about another patron printing child pornography off the Internet. ( ) asks Corene if it is illegal to do so. Corene replies "I told her I wasn't sure since I'm not an attorney." ( ) asks Corene to talk to patron who refuses saying "...I indicated I would not since I would be violating his private use of the Internet." ( ) was upset that Corene would defend this person's privacy in this case and threatened to call talk shows and take steps to see that libraries are required to block child pornography. According to Corene, ( ) was "livid and was shaking, she was so angry." But "[ ] remained respectful to me in spite of being upset throughout the discussion." She left with contact information for library administration. Corene then entered the library area and recognized the patron using the Internet as a regular library patron, but did not know his name.

Corene studies the RCW dealing with child pornography, but notes that it does not say anything about printing pictures off the Internet. She then calls the Service Center to let them know of the incident. In her discussion with Tina Roose she reports: "We discussed that it is illegal to produce and sell child pornography. I knew from another case...that it is illegal to possess child pornography. We did not know if any library exemptions existed for this case. We did not know if a library patron, in the privacy of using the Internet, is committing a crime if they print Child Pornography. She advised that I call Craig Hanson Friday morning and let him know what happened and ask him these questions."

· February14 -- Officer Fitzgerald tells Corene that he had heard from a KELA radio show that someone was printing child pornography at the library. He tells Corene that this is against "all kinds of laws (state, federal, etc.)" and he asks for sign up sheets for the Internet. Corene refuses and tells him a court order would be necessary. She tries unsuccessfully to reach Mike Wessells. She calls Craig Hanson to ask for advice about releasing the signup logs. Hanson compares this incident to an earlier complaint by a police officer in Lacey. [See incident of September 27, 1996]. He further admits he is not completely conversant on the child pornography laws. Mike returns her call and a 'three way conversation occurs.' Craig's inclination was "to try to quash the actions of the police. He had been successful in Lacey by talking to the city attorney and city manager and would try the same in Centralia." Corene calls Officer Fitzgerald to inform him that Craig will call the Centralia's City Attorney. Corene goes home early, not feeling well.

· Later, library staff are told by Detective Fitzgerald they are getting a search warrant and asked that the Internet not be used. An officer stays to see that the computer is not used. Corene returns to the library. Another three way conversation between her, Wessells, and Hanson occurs. Police officer and their computer specialist and a "probation officer for the person living across the street arrive with search warrant." Corene is served. Police finish and leave and staff go home.Corene reports "...the police were very professional in their manner yet did not push us around. They treated us with respect and were respectful of our policies. We did not at any time feel threatened by their actions."

· February 15 -- Detective Fitzgerald and a coworker, both in plain clothes, observe the same patron pointed out by ( ) using the Internet. Police follow patron out of library and talk with him.

· February 19 -- Corene meets with Craig Nelson, Centralia City Manager, and Police Chief, Tony Breckle. Mr. Nelson asked about filtering software. Corene tells him staff had researched software about a year ago and weren't impressed. Police chief tells Corene the detectives found enough in the person's home to prosecute him.

· February 21 -- Chronicle reporter calls Corene at home to tell her the patron was arrested for printing child pornography off the Internet. Corene reiterates TRL policies to the reporter: "I stressed throughout the conversation, the person's right to privacy when searching the Internet, that we do not monitor what patrons are viewing, and that parents need to guide children in their use of the Internet. He wanted to know how the staff felt about this and I couldn't give him a good answer. He also asked if we felt responsible for the arrest. I told him that I didn't feel we were responsible but what was found at the library was a part of the package which led to the arrest."