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> Date:    Tue, 7 Jan 2003 11:56:32 -0600
> From:    SHS Library <shslib@SPRINGFIELD.K12.IL.US>
> Subject: Public/School Library Merger Info
>
> Dear Dear LM_NET Colleagues,
>
> Early in December I asked for information regarding those library worlds
> that included a merged public/school library.  The idea of a possible
> merger of public library branches with school libraries has been put on
> hold for now.  Eveyone's doors are still open for more communication and
> idea development.

<snip>

The issue of public/school libraries raises interesting implications with respect 
to CIPA. As I am sure you all know, the CIPA provisions with respect to public 
libraries have been challenged in a lawsuit brought by ALA and the ACLU. This case 
is pending before the Supreme Court. But the provisions of CIPA with respect to
public schools has not been challenged. The district court ruling in the ALA case 
raised significant constitutional concerns related to the use of commercial 
filtering.

I have written an analysis of this case from the perspective of schools and the use 
of commercial filtering. This analysis is online at 
http://responsiblenetizen.org/onlinedocs.html -- look under Legal Issues -- or at 
http://netizen.uoregon.edu. I have spent some time trying to figure out how a court 
might consider the issues
from the perspective of a merged system but have to admit that I have not come to a 
clear conclusion.

I do think that schools should shift away from reliance on the use of commercial 
filtering software because of the lack of public accountability. These companies 
are protecting all information about how and what they are blocking as confidential 
trade secret information. How can it be appropriate for school officials to
delegate authority for such decision-making? In my new book, Safe and Responsible 
Use of the Internet: A Guide for Educators
(see Responsible Netizen Institute site) I strive to outline a more comprehensive 
approach to address the very real concerns that is in compliance with CIPA but does 
not rely on commercial filtering software.

Nancy

Nancy Willard, M.S., J.D.

Center for Advanced Technology in Education
University of Oregon, College of Education
E-mail: nwillard@oregon.uoregon.edu
URL: http://netizen.uoregon.edu

Responsible Netizen Institute
URL:http://responsiblenetizen.org

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