Public Access Computers
One evening in 2010 in a small family-oriented library where I work as a part-time Reference Librarian, I found myself questioning what I should do. A parent came to me for assistance. She quietly stepped up to the reference desk, and so as not to be overheard, she whispered to me that a man using one of the public access computers was seated next to her 9-year-old child, and he was browsing what looked like child pornography on the next cubicle. Yes, it happened. I was stunned. I wondered could this man possibly be so bold (or desperate enough) to be viewing child pornography in a public library filled with juveniles and their parents researching CA Missions? I was the only librarian on duty. I had to think, assess the situation, confirm the information, act quickly, discreetly, and ethically to solve this dilemma. What should I do? What would you do? What library principles should librarians and library professionals obey in a similar situation? What resources and tools does the American Library Association (ALA) provide to help us? I am certain that I am not the first, and sadly, I am nor the last librarian that will encounter a similar situation. First of all, without corroborating the alleged claim, I must admit that my reaction was not only judgmental; it was also wrong, and unprofessional. Thus, I am writing about my predicament because, in retrospect, I know that I did not act as professionally as I could have, and as a life-long learner and graduate student in the School of Library and Information Science (SLIS) at San José State University, I must remember to apply what I have learned. Librarianship has multiple resources that provide librarians and library professionals the guidelines and tools we need to deal with and resolve any problem.
Resources and Tools
The most authoritative and important resource librarians have to deal with these matters is the American Library Association (ALA) and its Office for Intellectual Freedom. It provides us with policies, guidelines, and training, whenever needed. Its mission is to implement the ALA policies applicable to intellectual freedom. The best tool available to promote intellectual freedom at the library is presented in the Library Bill of Rights, and its precepts are based on the First Amendment to the U.S. Constitution. Since I did not know the law as it pertains to accessing child pornography in the public access computers at the library, the situation described above, created an ethical dilemma because it not only conflicted with my personal values and beliefs, it conflicted with the ALA's Code of Ethics, which are found in the eight edition of the Intellectual Freedom Manual.
Another respected and reliable resource for librarians is the California Library Association (CLA), which has an Intellectual Freedom Working Committee whose mission is to "create awareness of the issues of intellectual freedom, investigates any controversial issue, provides resources for handling problems and prepares recommendations." (About, 2010) I became a CLA student member in 2007. Among the benefits of membership the CLA offers its members a subscription to the California Library Information eXchange known as the CALIX LISTSERV. According to the Webopedia Computer Dictionary the non-technical definition for LISTSERV is: an automatic mailing list server ([first] developed by Eric Thomas for BITNET in 1986.) When e-mail is addressed to a LISTSERV mailing list, it is automatically broadcast to everyone on the list. The messages are transmitted as e-mail and are therefore available only to individuals on the list." (LISTSERV, 2010) I have received the CALIX e-mails for a couple of years. The list focuses on library issues and trends, and it is available to all CLA members who become subscribers. Its intent is to be a forum for librarians in California to practice intellectual freedom and exchange information freely.
CALIX Forum
I did not see the need to use the CALIX listserv until the incident described above. I know that I did not handle the situation well, and it disturbed me. I talked to other librarians, to my family, and friends. I even dreamt about it. I was trying to resolve this ethical dilemma by myself and I was troubled by my lack of knowledge and understanding on how to handle it better in the future. Now, I know that I should not have made CALIX my last resort; I should have made it my first. After all, the members of CALIX are mostly library staff and librarians that compared to me have years of experience in public, academic, school and special libraries. Those of us in the library field must remember that if we are willing to become intellectual freedom fighters, who allow the free flow of communication and ideas without censorship, we librarians, are definitely our best resource. However, sometimes pride, fear of rejection, or being perceived as less cultured or learned than others, we fail to ask questions that might help others in and out of our field of expertise. So, I dared to send a CALIX message, and the forum's purpose was well served. I wanted to learn from others what I could have done better, what applicable laws and guidelines I had to help me. I sought and received information on the laws prohibiting child pornography. I learned different perspectives and policies from public, academic, and special librarians. Their suggestions and examples provided the help and encouragement I needed to learn how to resolve this problem ethically and professionally, the next time around.
What I Learned in CALIX
Federal Law specifically Title18 of the U.S. Code - Section §2256 and the California Penal Code - Section §311-312.7 Chapter 7.5 prohibit the sexual exploitation of children and the distribution of obscene materials involving a minors, respectively. Thus, child pornography is illegal and it is a federal offense punishable with no less than 15 years imprisonment.
There are great differences in public, academic, school and special library policies to regulate the access of adult pornography in public access computers. The major difference is made according to whether or not a library is receiving federal funding, thus, the library is required to filter all access to questionable sites.
There are options and solutions to uphold the precepts of intellectual freedom when using public access computers at the library. Libraries that are self-reliant such as research, private and some academic libraries may be more liberal in permitting access to all information online, including adult pornography as long as there are no minors present. Libraries that are accountable for federal funding usually filter all public access with the option to provide privacy shields or remove filters as requested by library users, with the utmost regard to preventing children from inadvertently viewing these sites.
I received excellent suggestions for Library Programs and Training that can be implemented in most libraries to ensure librarians and library staff upholds the precepts of the ALA's Library Bill of Rights and the Code of Ethics, while at the same time ensuring the intellectual freedom of all library users.
A librarian's duty includes protecting everyone's right to freedom of expression. Thus, I faced an ethical dilemma that will be encountered by most librarians or library staff at some point in their careers. My only means to seek justice and truth was to inform the authorities and to tell the patron he had to leave. It was very hard for me to go talk to him, not only because of the nature of the situation, but also because I thought I was violating his Library Bill of Rights. I thank the CLA, CALIX and its members, for allowing me to share my learning process. I have learned the laws regarding this issue and I recognize that I acted accordingly and professionally. Now, I pass it forward to you, to learn along with me.
Bibliography
"About the California Library Association," California Library Association, 2010.
http://www.cla-net.org/aboutcla/index.php (Accessed August 11, 2010)
"California Penal Code - Section §311-312.7 Chapter 7.5" Justia.com Laws and Regulations. 2004-2010. http://law.justia.com/california/codes/2009/pen/311-312.7.html (Accessed August 12, 2010)
"Library Bill of Rights," American Library Association, June 30, 2006.
http://www.ala.org/ala/issuesadvocacy/intfreedom/librarybill/index.cfm (Accessed August 11, 2010)
Document ID: 24930
LISTSERV. Webopedia Computer Dictionary. Webopedia 2010.
http://www.webopedia.com/TERM/L/Listserv.html (Accessed August 11, 2010)
"Office for Intellectual Freedom (OIF)," American Library Association, June 09, 2008.
http://www.ala.org/ala/aboutala/offices/oif/index.cfm (Accessed August 11, 2010)
Document ID: 492328
"Professional Ethics," American Library Association, June 13, 2008.
http://www.ala.org/ala/issuesadvocacy/proethics/index.cfm (Accessed August 11, 2010)
Document ID: 493251
"United States Code Title 18 § 2251. Sexual exploitation of children." Legal Information Institute. Cornell University Law School. 2010. http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002251----000-.html (Accessed August 12, 2010)
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