Re: [LM_NET] Subject: HIT: Internet Filtering in Schools - Survey Results

[Nancy Willard <nwillard@CSRIU.ORG>]

> ------------------------------
> 
> Date:    Fri, 1 Sep 2006 12:44:04 -0600
> From:    "LEROY D. SMITH" <leroysmith98@GMAIL.COM>
> Subject: HIT: Internet Filtering in Schools - Survey Results
> 

>    --83% reported their systems allowed for blocking/unblocking of
> specific, individual sites on request; the most common configuration (47%)
> seemed to be a teacher or librarian at the school level submitting the
> request with the decision to block or unblock being made at the district
> level--only 15% of respondents indicated that teachers or librarians could
> unblock sites immediately at a students request.
>    --In more than 50% of situations reported, the decision to block or
> unblock was made by a district-level computer technician or district-level
> administrator.
>    --"Overblocking" was perceived to be a greater problem (41%) than
> "underblocking" (12%).

Very concerning. I just completed two chapters for an update of my
cyberbullying book. ("just completed as in about 15 minutes ago -- agh! I am
tired.) 

One of these chapters is on Internet and digital device use management. I am
pasting in the entire section I wrote on managing the Internet filter. You
will see that I recommend that all librarians have temporary override
authority. It is absolutely ridiculous that technical staff have authority
over this and fully educated information professionals do not!!!

Appropriate Management of District Filter
Inappropriate Viewpoint Discrimination
Districts must ensure that their district filter is not itself blocking in a
discriminatory manner. It is hypocritical for a district to indicate to
students that they should not harass students based on perceived sexual
orientation or religious beliefs when the district filter is configured to
block access to information and support sites for lesbian, gay, bi-sexual,
transsexual, or questioning (LGBTQ) students or students who are interested
in non-traditional religions as ³inappropriate content.²

An analysis of the blocking categories and practices of filtering products
reveals that most have categories that raise concerns about discrimination
against students based on controversial minority status‹LGBTQ students and
students who follow non-traditional religious beliefs, such as Wicca and
Pagan. Other controversial sites may also be blocked, but these two minority
status concerns are most evident. Assuming that the school libraries have
reference materials to other religions and sexual health information and the
district allows access to such material online for personal research,
blocking access to sites contain information about LGBTQ and nontraditional
religions is unconstitutional‹based on freedom of speech and freedom of
religion principles.

Some filtering companies create difficulties for districts seeking to
respect students¹ rights in these controversial areas. Frequently, the
filtering companies have established categories that are unclear or even
misleading. The company might have mistakenly decided that sexual
orientation issues should be characterized as  ³lifestyle² and
non-traditional religions should be characterized as ³cults and occult.² The
company may be including other material in these same categories that are
not appropriate for teens. For example, the company may be blocking access
to the Gay Lesbian Straight Education Network site in the same as multiple
partner relationships or ³swinging.²

Until such time as the filtering companies are forced to ensure that their
products, which are used in public institutions, do not block based on
unconstitutional bias, districts will have to be selectively creative in
their implementation of these products:

* It is likely that the risk of student involvement in a true cult site is
very low and the dangers of leaving the category blocking access to
non-traditional religions unblocked are minimal. It is advisable for
districts to simply leave any category that blocks access to non-traditional
religion sites unblocked.
 
* The filtering categories that block access to sites about LGBTQ issues are
more problematical. It is quite possible that sites that are unacceptable
for teens are blocked in the same category as the sites that should be
considered acceptable. However, it is likely that the district filter is
also blocking access to other sites containing appropriate sexual related
health information. Further, if students are seeking appropriate sexual
health information they can accidentally get into inappropriate sites. This
provides the opportunity for a comprehensive resolution to all concerns. The
district can direct the health staff, health educators, counselors, and
librarians to create a district Student Health and Wellness web page that
provides links to sites deemed appropriate by these professionals for access
by students. The district technology department should then ensure that
these selected sites are not blocked. This approach will address concerns
related to full range of appropriate health and wellness sites that may be
inappropriately blocked, including sites addressing LGBTQ issues.

Overriding the Filter

It is also essential that the district have implemented the filtering system
in a manner that allows selected staff to immediately override the filter.
This is necessary for safety reasons. Safe school personnel may, at any
time, receive a report from a student about concerning material that has
been posted online. Consider the potential concerns if a student reports to
a counselor that another student has posted material that raises concerns of
suicide and the counselor is unable to immediately override the filter to
get to the site where this material is posted to investigate.

It is IMPERATIVE that all safe school personnel, including administrators,
counselors/psychologists, school resource officers, librarians, and computer
staff, have the authority and ability to immediately override the filter for
safe schools purposes. Some filtering products make it easier than others to
provide override capacity. The manner in which the filtering product has
been implemented also has a bearing on this. Frequently, filtering products
provide two levels of override capacity‹temporary override and the ability
to permanently unblock a site. The temporary override capacity should be
sufficient to address the safe schools concerns. Filtering systems generally
track the overrides to allow for review. This should be sufficient
protection for the district against misuse by staff.

Student Bypassing Filter

Students are able to bypass most Internet filters using a variety of
strategies. For more insight, simply search for ³bypass, Internet, filter.²
Students tend not to bypass the filter to access pornography‹there is too
great a possibility of detection due to the visual evidence. Many students
bypass the filter to get the web sites that contain appropriate material for
instructional projects‹material that has been inappropriately blocked by
filter. This bypassing occurs in schools that do not have appropriate,
constitutionally required, processes to provide for the prompt override of a
filter. 

In the U.S., it is necessary that librarians and computer staff have the
authority and ability to override for constitutional reasons. The American
Library Association challenged the constitutionality of the CIPA due to
concerns that filtering products overblock and prevent access to appropriate
material. The Supreme Court upheld the constitutionality of CIPA based on
the understanding that if the filter was inappropriately preventing access
to a site, it could be promptly overridden.[1] <#_ftn1>

But some students are also bypassing the district¹s filter to participate in
social networking, send messages, play games, and engage in other
inappropriate online activities while at school. It is necessary to address
this issue in three ways:

 
* Librarians and selected teachers must have the authority and ability to
review any blocked sites and independently make a decision to provide access
to students to sites that are deemed appropriate. Librarians and teachers
are highly educated professionals who should be considered to have insight
that is superior to the staff at filtering companies to make decisions about
the appropriateness of material for students. These override decisions must
be made promptly, so that the filter is not interfering with student
research or teacher instruction. It is also recommended that schools
establish a mechanism for students to anonymously request that sites are
unblocked. 
 
* The district must review the functionality of the filter to determine how
effectively students can bypass the filter‹without fear of detection.
Adjustments must be made to prevent this from occurring.
 
* Intentionally bypassing the filter to get tosites that are blocked should
be considered a violation of the district policy.


[1] <#_ftnref1>  United States v. American Library Association, 539 US 194
(2003).

Nancy


-- 
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
nwillard@csriu.org

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Cruelty, Threats, and Distress, a resource for educators, is now available
online at http://cyberbully.org.

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Use the Internet
Safety and Responsibly. Jossey-Bass (forthcoming)

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