Superseded 7/1/2023)

Superseded 7/1/2023
9-7-215.  Internet and online access policy required.

(1)  As used in this section:

Terms Used In Utah Code 9-7-215

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Policy: means the public library online access policy adopted by a library board to meet the requirements of Section 9-7-215. See Utah Code 9-7-101
(a)  “Child sexual abuse material” means the same as that term is defined in Section 76-5b-103.

(b)  “Harmful to minors” means the same as that term is defined in Section 76-10-1201.

(c)  “Obscene” means the same as that term is defined in 20 U.S.C. § 9101.

(d)  “Technology protection measure” means a technology that blocks or filters Internet access to visual depictions.

(2)  State funds may not be provided to any public library that provides public access to the Internet unless the library:

(a) 

(i)  has in place a policy of Internet safety for minors, including the operation of a technology protection measure:

(A)  with respect to any computer or other device while connected to the Internet through a network provided by the library, including a wireless network; and

(B)  that protects against access to visual depictions that are:

(I)  child sexual abuse material;

(II)  harmful to minors; or

(III)  obscene; and

(ii)  is enforcing the operation of the technology protection measure described in Subsection (2)(a)(i) during any use by a minor of a computer or other device that is connected to the Internet through a network provided by the library, including a wireless network; and

(b) 

(i)  has in place a policy of Internet safety, including the operation of a technology protection measure:

(A)  with respect to any computer or other device while connected to the Internet through a network provided by the library, including a wireless network; and

(B)  that protects against access to visual depictions that are:

(I)  child sexual abuse material; or

(II)  obscene; and

(ii)  is enforcing the operation of the technology protection measure described in Subsection (2)(b)(i) during any use of a computer or other device that is connected to the Internet through a network provided by the library, including a wireless network.

(3)  This section does not prohibit a public library from limiting Internet access or otherwise protecting against materials other than the materials specified in this section.

(4)  An administrator, supervisor, or other representative of a public library may disable a technology protection measure described in Subsection (2):

(a)  at the request of a library patron who is not a minor; and

(b)  to enable access for research or other lawful purposes.

Amended by Chapter 231, 2023 General Session