Internet Use Compliance

Overview

All public libraries in Idaho receiving public money (including EOR funding) and governed by the provisions of chapter 26 or chapter 27 of Title 33, Idaho Code, must comply with I.C. § 33-2741 regarding Internet Use Policies. All schools and libraries receiving E-rate funding must enforce a policy of Internet safety and certify compliance with the Children’s Internet Protection Act (CIPA) (Pub. L. No. 106-554 and 47 USC 254(h)).

Libraries that would like help with their Internet policies are encouraged to contact their field consultant.

Idaho Code 33-2741 Internet Use Policies

  • Internet Safety Policy
    • The law states that public libraries shall:
      • Develop policy (for minors and adults) under the direction of the library board of trustees;
      • Adopt policy in an open meeting;
      • Review policy every three years;
      • Include an effective date on the policy;
      • Post availability of the policy in a conspicuous place within the library.
    • The law states that the policy may:
      • State that it restricts access to Internet or online sites that contain material described in the law;
      • State how the policy meets the requirements of the law;
      • Inform patrons that administrative procedures and guidelines for library staff to follow in enforcing the policy have been adopted and are available for review at the library;
      • Inform patrons that procedures for use by patrons and staff to handle complaints about the policy, its enforcement or about observed patron behavior have been adopted and are available for review at the library.

Terms such as child pornography, harmful to minors, minor, and obscene shall have the meanings (taken from federal law) that are defined in I.C. § 33-2741.

  • Filtering (technology protection measure)
    • The law states that public libraries shall:
      • Have filters in place for its publicly accessible computers with Internet access used by minors.
    • The law states that public libraries may:
      • Have filters in place for any publicly accessible computer;
      • Disable the filter for lawful purposes for any library patron, including minors.

Children's Internet Protection Act (CIPA)

  • Internet Safety Policy
    • The policy must address:
      • Access by minors to inappropriate matter on the Internet and World Wide Web;
      • The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
      • Unauthorized access including "hacking" and other unlawful activities by minors online;
      • Unauthorized disclosure, use, and dissemination of personal information regarding minors;
      • Measures designed to restrict minors' access to materials harmful to minors.
    • The policy must:
      • Be addressed in a public meeting or hearing with reasonable public notice.
  • Filtering (technology protection measure)
    • Public libraries shall:
      • Have filters in place for all of the library’s computers, including staff computers.
    • Public libraries may:
      • Disable the filter only for adults for "bona fide research or other lawful purposes."

Filtering

For more information and resources on filtering (technology protection measures), please see our page on Content Filters.