ARC 8673C

ARC 8673C

Proposing rulemaking related to Internet use policy
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 2, 2024. A public hearing was held on the following date(s):

●October 24, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Adopt the following new11—Chapter 132:

CHAPTER 132

INTERNET USE POLICY

11—132.1(8A) Rights and responsibilities. The state library expects the use of all its electronic sources such as the Internet to be responsible, ethical, and legal, and consistent with the purpose for which those resources are provided. The state library complies with the Children’s Internet Protection Act (PL 106-554 and 47 U.S.C. 254(h)). To this end:

132.1(1) The state library affirms the right of every individual to have access to constitutionally protected material as stated in the library’s collection development policy.

132.1(2) Parents or guardians, not the library or its staff, are responsible for the Internet use by their children.

132.1(3) Internet access is provided in a public area shared by users of all ages, backgrounds, and sensibilities. Users should consider this when accessing potentially controversial information and images.

132.1(4) The state library reserves the right to ask users to discontinue the display of information and images that cause a disruption.

132.1(5) Users should respect the privacy of other Internet users by not observing what sites others are accessing.

132.1(6) Users will not misrepresent themselves as any other user; will not attempt to modify or gain access to files, passwords, or data belonging to others; will not seek unauthorized access to any computer system; and will not damage or alter software components of any network or database.

132.1(7) Illegal activities subject to prosecution include:

a.Destruction of or damage to equipment, software, or data belonging to the library;

b.Violation of computer system security or system configuration;

c.Violation of the copyright laws of the United States;

d.Downloading or provision of child pornography or display of pornography where it may be seen by children.

132.1(8) To the extent practical, steps shall be taken to promote the safety and security of users of the Internet when they are using electronic mail, chat rooms, instant messaging and other forms of direct electronic communications.

132.1(9) The state library ensures the safety and security of minors by:

a.Prevention of inappropriate network usage.

(1)Technology measures shall be used to prevent unauthorized access and other unlawful activities.

(2)Technology measures shall be used to prevent unauthorized disclosure, use, and dissemination of personal identification information.

b.Prevention of access to inappropriate material.

(1)Technology protection measures, i.e., Internet filters, shall be used to block or filter access to inappropriate material on the Internet.

(2) Blocking shall be applied to visual depictions of material deemed obscene, to child pornography, or to any material deemed harmful to minors.

(3)Technology protection measures may be disabled by library staff for adults or, in the case of minors, minimized for bona fide research or other lawful purposes.

11—132.2(8A) Violation of policy. Violation of this computer use policy shall result in the loss of computer privileges and may lead to financial responsibility. Illegal activities will be prosecuted.

11—132.3(8A) Internet access. The Internet can be accessed via wireless connection for any user on a personal device who visits the state library. The Internet may be unavailable due to unforeseen problems with hardware, software or telecommunications. Downloading and saving files to the user’s own portable device is allowed. Files saved to the computer’s drives are erased at the end of each user’s session. Devices may be available to visitors for use during the library’s normal business hours. Files saved to devices that the library makes available for visitors to use are erased at the end of each user’s session.

11—132.4(8A) Staff assistance. State library staff will answer basic questions about Internet use or help locate resources. Staff reserves the right to waive these procedures as circumstances warrant.

These rules are intended to implement Iowa Code sections 8A.202, 8A.205, 8A.206, 8A.207, and 8A.208.