Even though the Michigan affirmative action non-decision will probably get most of the headlines tomorrow, the Supreme Court also ruled today to support Congressional efforts to require publicly-funded libraries to install anti-pornography internet filters.

Even though I am passionate about the First Amendment and what it represents, the position of Justices Kennedy and Breyer supporting the judgment - that it was "allowable as long as libraries disable the filters for patrons who ask" seems not unreasonable; particularly when we're talking about public spaces with no age restrictions.

But the whole issue, of course, raises the spectre of exactly who decides whether or not something is pornographic in nature? And what if someone wants the filter extended to other material they - and perhaps only they - might consider "inappropriate"?

We know how innacurate a lot of filtering software can be in practise; so what redress does someone have who finds that their - perfectly legitimate, non-pornographic - site is being filtered out in error?

Here's what the American Library Association has to say:

The American Library Association again calls for full disclosure of what sites filtering companies are blocking, who is deciding what is filtered and what criteria are being used. Findings of fact clearly show that filtering companies are not following legal definitions of “harmful to minors” and “obscenity.” Their practices must change.

To assist local libraries in their decision process, the ALA will seek this information from filtering companies, then evaluate and share the information with the thousands of libraries now being forced to forego funds or choose faulty filters. The American Library Association also will explain how various products work, criteria to consider in selecting a products and how to best use a given product in a public setting. Library users must be able to see what sites are being blocked and, if needed, be able to request the filter be disabled with the least intrusion into their privacy and the least burden on library service.


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