92_HR0359

 
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 1                          HOUSE RESOLUTION

 2        WHEREAS, The Illinois General Assembly has the  duty  and
 3    responsibility to protect the public health and welfare of it
 4    citizens, most particularly children in schools; and

 5        WHEREAS,  The Internet offers educational benefits and is
 6    a useful technological tool for access to a vast selection of
 7    information; and

 8        WHEREAS, The  Internet  unfortunately  contains  material
 9    that  is  not  constitutionally  protected  and is illegal to
10    disseminate such as child pornography and obscenity; and

11        WHEREAS, Pornography is the most accessed  topic  on  the
12    Internet according to a two-year Alexa Research study; and

13        WHEREAS,  The  FBI  has  identified  the  Internet as the
14    leading factor in doubling the child  sex  exploitation  case
15    load in one year and is the primary solicitation tool used by
16    pedophiles  to  desensitize and entice children into improper
17    relationships; and

18        WHEREAS, Increasing incidents of inappropriate use of the
19    Internet by school employees and students are being reported;
20    and

21        WHEREAS, The health and safety of Illinois children could
22    be  endangered  by  Internet   access   to   obscene   and/or
23    pornographic material; and

24        WHEREAS,  Illinois  public  schools have neither the duty
25    nor  the  obligation  to  provide  obscene  or   pornographic
26    material; and

27        WHEREAS,  The  U.S.  Court of Appeals ruled in Urofsky v.
28    Gilmore  that  restricting  sexually  explicit  material   on
29    taxpayer  funded  computers  is constitutional and consistent
30    with the First Amendment (216 F.3d 401, 4th Cir. 2000); and
 
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 1        WHEREAS, Today's second generation  filtering  technology
 2    allows  restricting  pornography  sites  while providing full
 3    access to legitimate sites; and

 4        WHEREAS,  The  installation  of  Internet  filters  would
 5    constitute a proper use  of  taxpayers'  funds  in  order  to
 6    protect  the  health  and  safety  of  Illinois public school
 7    children; and

 8        WHEREAS, The Children's Internet Protection  Act  (CIPA),
 9    signed  into  law in December of 2000, requires recipients of
10    universal  service  assistance  (E-rate   program)   to   use
11    technology  to  filter or block material deemed to be harmful
12    of minors; and

13        WHEREAS, Almost 200  Illinois  school  districts  do  not
14    qualify  for  the  E-rate  program  and therefore will not be
15    affected by the Children's Internet Protection Act; and

16        WHEREAS,  Congress  has  granted  schools  and  libraries
17    immunity  from  criminal  prosecution   for   filtering   out
18    objectionable  and  illegal  sites  in good faith, enacted as
19    part of the Telecommunications Decency Act of 1996; and

20        WHEREAS, A new study based on a sample of  1,218  schools
21    by  the  National  Center  for Education Studies finds 74% of
22    public schools are now  using  filtering  software  to  block
23    objectionable material; and

24        WHEREAS,  There  are  funds  available  be  means  of the
25    Technology Literacy  Challenge  Program  and  the  Technology
26    Success Grant Program; and

27        WHEREAS,  On  May  16,  2001,  the Chicago City Council's
28    Education Committee passed a resolution requiring all Chicago
29    Public Schools to filter Internet access; and

30        WHEREAS, The Chicago Public  School  spokesperson  stated
 
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 1    that  acceptable  use  policies  alone  have been found to be
 2    inadequate  in  protecting  children  from  unwanted   and/or
 3    accidental  exposure  to  obscene  or  pornographic material;
 4    therefore, be it

 5        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
 6    NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
 7    we  urge  the  use of filtering technology on all interactive
 8    computer services or the use of a filtered  Internet  Service
 9    Provider by all Illinois public schools to prevent children's
10    access  to material that is obscene or pornographic; and urge
11    all Illinois public  schools  to  establish  and  maintain  a
12    written  policy  aimed  at  preventing  students from gaining
13    access to or being exposed to  sexually  explicit  materials;
14    and be it further

15        RESOLVED,  that  a  copy of the resolution be sent to the
16    State Board of Education.