Libraries wrong place
for software censoringThe issue: The constitutionality of a
federal law aimed at blocking children's
access to Internet pornography in
libraries is being challenged.ATTEMPTS by Congress to restrict Internet access by children in public libraries have been struck down twice by the courts, and a third strike should be on its way. Librarians are well-versed on freedom to access of information and should be trusted to guard against children's exposure to pornography on computers. Hawaii's method could be a national model for librarians being relied upon to exercise such judgment.
Three federal judges in Philadelphia began hearing evidence this week in a challenge made by the American Library Association, the American Civil Liberties Union and a Republican congressional candidate who found that the filters envisioned by the law's sponsors blocked his Web site. An understanding of the Constitution should lead to a striking down of the law.
The U.S. Supreme Court invalidated the Communications Decency Act of 1996, ruling that it unconstitutionally reduced material accessible on the Internet so that adults could see "only what is fit for children." The 1998 Child Online Protection Act was prevented from going into effect for similar reasons, and the issue of its constitutionality is now before the Supreme Court.
The Children's Internet Protection Act, signed into law by President Clinton in 2000, denies federal financing and technology discounts to schools and public libraries that refuse to install a "technology protection measure" like filters to block access to Web sites regarded as harmful to children. Hawaii's libraries receive $900,000 a year in federal subsidies in addition to the discounts.
Virginia Lowell, Hawaii's state librarian, has devised a system that seems to comply with the law while avoiding constraints that would be unconstitutional if applied in the way the law's authors probably had in mind. The service is aptly called PACE, for Parents Authorize Cyberspace Entry, because it places responsibility where it ought to be.
The "technology protection measure" in the PACE system places a barrier in computer software preventing children from signing onto the Internet without a librarian's presence. It is activated by parents directing library staff to place an electronic "block" on their child's library card.
"We think the PACE program is electronic blocking," as required under federal law, Lowell says. "The block is placed in the software in the PACE program, so that is electronic."
Filters designed to target pornography are ineffective in "blocking the kinds of things that people want blocked without blocking a lot of speech that is protected by the First Amendment," she says.
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Kmart deals another
blow to economyThe issue: The bankrupt
retailer is the latest to surrender
plans to develop the 'superblock.'MARKET conditions have foiled Kmart's plans to build a store and shopping complex on the so-called "superblock" in the Kapiolani district. Kmart's decision to pull out of the deal is another economic disappointment for Hawaii and leaves vacant 11 acres of land in the heart of the city.
The retailer's bankruptcy problems have constrained the company's capabilities; it's not difficult to understand why it abandoned its plans for the prime piece of real estate.
When Kmart announced that it would purchase the Wichman Family Trust property last September, it appeared conditions were ripe for the development. The Sept. 11 attacks had buffeted the state and a new store was seen as a bright spot on the bleak economic scene. The project would have bolstered the construction industry and employed up to 500 people in a market that was suffering the loss of thousands of tourism-related jobs.
Some have suggested that the city buy the property for a park. That's a nice idea, but given the city's financial situation and the value of the parcel -- estimated at $30 million -- a purchase would be unlikely. Condemning the land is an option, but with the city having been criticized recently for taking that path with land in Waikiki, political and public pressure may forestall such a move.
Several businesses previously proposed projects for the site along Keeaumoku Street. At one time, Haseko Hawaii Inc. planned a luxury residential condominium and another company, a retail-entertainment center. Those propositions met with community resistance because of possible traffic problems in the high-density area. Wal-Mart and Home Depot also had expressed interest, but abandoned their plans.
The vacant land has been an empty eyesore for a decade, drawing minimal tax revenues and marring the district's retail scene. It may be time for the city or the state to consider providing incentives to attract a buyer. Another option would be for the city to purchase part of the property and share the space with a private developer to make costs more bearable.
Wichman Trust could have another buyer waiting in the wings. With recent improvements in the economy nationwide, there may well be more potential for a sale now than last fall. Let's hope so. The land has remained fallow for too long.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, assistant managing editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.comJohn Flanagan, contributing editor 294-3533; jflanagan@starbulletin.com
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