STAND. COM. REP. NO. 101-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2041
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No.
2041 entitled: 

     "A BILL FOR AN ACT RELATING TO COMPUTER ACCESS BY MINORS,"

begs leave to report as follows:

     The purpose of this bill is to: restrict minors' access to
internet material that is pornographic on computers in public
schools and libraries by:

     (1)  Mandating that public schools and libraries either
          equip computers with software that will limit minors'
          ability to gain access to pornographic material, or
          purchase internet connectivity from an internet service
          provider that filters material that is pornographic;
          and

     (2)  Providing that public schools and libraries that comply
          with these mandates shall not be held criminally
          liable, or liable for damages that arise from a minor
          gaining access to pornographic material on a computer
          in a public school or library.

     The Hawaii Catholic Schools Office, the Hawaii Catholic
Conference, the Hawaii Family Forum, and two individuals
testified in support of this bill.  The Hawaii Library
Association, Information Services, Hawaii State Public Library
System, and an individual testified in opposition to this bill.


 
 
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     Your Committee finds that the internet provides unique
challenges in protecting the interests of parents who do not want
their children to access pornographic material.  Especially in
libraries, whose function is to provide and facilitate free
access to information, ensuring that minors do not view materials
against the wishes of their parents creates apparent
contradictions of purpose.  However, First Amendment rights that
opponents of this bill cling to have repeatedly been upheld as
not applying to children in the same way as adults.  Ensuring
that children cannot access pornographic materials on the
internet any more readily than they can access printed
pornographic materials, in schools and libraries, is the aim of
this bill.  Your Committee finds no compelling reason to
contradict the public will to protect children from materials
deemed "pornographic for minors," and therefore urges passage of
this bill.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2041 and recommends that it pass Second Reading and be referred
to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education,



                                   ______________________________
                                   KEN ITO, Chair