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Congress Passes Appropriations Bill
Containing Filtering Mandates

A new federal law requiring libraries and schools that receive federal funding for Internet access to install filtering software is expected to meet a legal challenge.

The measure, included in the Labor–Health and Human Services–Education Appropriations bill (H.R. 4577) passed by Congress December 15, mandates a “technology protection measure” to block online access to visual depictions that are obscene, child pornography, or harmful to minors. A provision allows administrators or supervisors to disable the filter for adults conducting “bone fide research or other lawful purposes.” The legislation also requires libraries to have an Internet-use policy and hold at least one public hearing on the policy.

The American Civil Libraries Union announced December 19 that it would fight the law in court. “This is the first time since the development of the local, free public library in the 19th century that the federal government has sought to require censorship in every single town and hamlet in America,” said ACLU Senior Staff Attorney Chris Hansen.

Emily Sheketoff, director of the American Library Association’s Washington Office, said ALA was likely to take legal action against the measure, but it was uncertain whether it would join the ACLU’s action or file a separate suit.

The mandate takes effect 120 days after the bill’s passage, about mid-April 2001.

Posted December 25, 2000.

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