Part 6 - Library Filtering
24-90-601. Legislative declaration. The general
assembly hereby finds and declares that use of the internet in the public
libraries of the state provides an extraordinary, unique, and unparalleled
educational resource and source of knowledge and information. The general
assembly further finds and declares that reasonable measures must be adopted and
implemented to protect the children who use such internet services in public
libraries from access to material that is harmful to their beneficial
development as responsible adults and citizens. It is the intent of the general
assembly by enacting this part 6 that public libraries be required to adopt and
enforce reasonable policies of internet safety that are consistent with the
federal "children's internet protection act", as amended, (P.L. No. 106-554),
and that will protect children from access to harmful material without
compromising responsible adult use of Internet services in such libraries.
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24-90-602. Definitions. As used in this part 6,
unless the context otherwise requires:
(1) "access to the internet" means, with reference to a
particular computer, that the computer is equipped with a modem or is connected
to a
computer network that provides access to the internet.
(2) "computer" includes any hardware, software, or other
technology attached or connected to, installed in, or otherwise used in
connection with a
computer.
(3) "harmful to minors" means any picture, image, graphic
Image file, or other visual depiction that: (a) taken as a whole and with
respect to
minors, appeals To a prurient interest in nudity, sex, or
excretion; (b) depicts, describes, or represents, in a patently offensive way
with respect to
what is suitable for minors, an actual or simulated sexual
act or sexual contact, an actual or simulated normal or perverted sexual act, or
a lewd
exhibition of the genitals; and (c) taken as a whole, lacks
serious literary, artistic, political, or scientific value as to minors.
(4) "minor" means any person who has not attained the age of
seventeen years.
(5) "public library" shall have the same meaning as set forth
in section 24-90-103 (13). For purposes of this part 6, a "public library" shall
be the
equivalent of the library system established and maintained
by the governing body of a particular library district or otherwise connected
group of
libraries and shall not mean each separate or individual
library facility established and maintained by such library district or
connected group of
libraries.
(6) "sexual act" or "sexual contact" shall have the same
meaning as set forth in U.S.C. Sec. 2246 (2) and (3).
(7) "technology protection measure" means a specific
technology, including without limitation computer software, that blocks or
filters internet
access to visual depictions that are:
(a) obscene, as defined in section
18-7-101 (2), CRS
(b) child pornography, as defined in
18 U.S.C. Sec. 2256 (8); or
(c) harmful to minors; except that no
technology protection measure may block scientific or medically accurate
Information regarding sexual
assault, sexual abuse, incest,
sexually transmitted diseases, or reproductive health.
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24-90-603. Adoption and enforcement of policy of
internet safety for minors including technology protection measures - public
libraries. (1) no later than December 31, 2004, the governing body of each
public library shall adopt and implement a policy of internet safety for minors
that includes the operation of a technology protection measure for each computer
operated by the public library that allows for access to the internet by a
minor. (2) After the adoption and implementation of the policy of internet
safety required by subsection (1) of this section, the governing body of each
public library shall continue to enforce the policy and the operation of the
technology protection measure for each computer operated by the public library
that allows for access to the internet by a minor.
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24-90-604. Temporary disabling of technology
protection measure. (1) (a) subject to the requirements of paragraph (b) of this
subsection (1), an administrator, supervisor, or any other person authorized by
the public library to enforce the operation of the technology protection measure
adopted and implemented in accordance with the requirements of section 24-90-603
may temporarily disable the technology protection measure entirely to enable
access to the internet on a particular computer able to be accessed by a minor
by:
(i) an adult upon request without significant delay by the
public library in responding to the request; or
(ii) a minor for bona fide research or other lawful purposes
where the internet use in connection with the research or other lawful purpose
is
supervised by an administrator, supervisor, parent, guardian,
or other person authorized by the public library to perform such function.
(b) where the public library has installed a technology
protection measure that requires electronic verification of the age of the
computer user, or
where the parent or guardian of a minor has provided explicit
prior approval for use of the computer by the minor, before the technology
protection
measure required by section 24-90-603 is disabled, no
additional involvement by the staff of the public library shall be required. (2)
notwithstanding any other provision of this section,
The temporary disabling of the technology protection measure authorized by this
section shall not be allowed in connection with a computer located in an area in
a public library facility used primarily by minors.
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24-90-605. No restrictions on blocking access to
the internet of other material. Nothing in this part 6 shall be construed to
prohibit a public library from limiting internet access or otherwise protecting
against materials other than those that are obscene, child pornography, or
harmful to minors.
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24-90-606. No requirement of additional action
for public libraries already in compliance - no additional action in special
circumstances.
(1) Nothing in this part 6 shall be construed to require any
additional action on the part of any public library that is already in
compliance with the
requirements of this part 6 as of July 1, 2004.
(2) Nothing in this part 6 shall be construed to require any
additional action on the part of any public library in circumstances where:
(a) No moneys exist in the budget for
such library for the purchase of a technology protection measure that satisfies
the requirements of this
part 6; or
(b) after a good faith effort, the
library is unable to acquire a technology protection measure free of charge that
satisfies the requirements of this
part 6.
Section 2. Effective date. This act shall take effect July 1, 2004. 11
Section 3. Safety clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation of the
public peace, health, and safety.
Section 4. Act subject to petition - effective date. This act shall take
effect on 12:01 a.m. on the day following the expiration of the ninety-day
period after final adjournment of the general assembly that is allowed for
submitting a referendum petition pursuant to article V, section 1 (3) of the
state constitution, (August 5, 2009, if adjournment sine die is on May 6, 2009);
except that, if a referendum petition is filed against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part, if approved by the people, shall take effect on the date of the official
declaration of the vote thereon by proclamation of the governor.
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This portion of Colorado Revised Statutes, reprinted with the permission of the committee on Legal Services in accordance with section 2-5-118, C.R.S. is an unofficial publication of Colorado Revised Statutes.
For additional information contact Eugene Hainer, 303-866-6900.