TQ #9

Thoughtful Question #9 - The legality of law is determined by the court system which is frequently called upon to interpret laws that may violate the U.S. Constitution or that are not sufficiently detailed to clearly enforce. One principle that the courts may apply to these questions is that of the means of least restraint. In other words, the laws should be enforced with the least intrusion into traditional freedoms and liberties and the least disruption of the lives of people and institutions. In 3-to-5 paragraphs, discuss how these laws, and the policies that are developed to enforce the laws, should-or-should-not comply with the principle of least restraint. You should take a personal position here, as though you were a judge presiding over a challenge to the way a school or library has implemented a restrictive technology policy. An important consideration is that the laws are seldom clear, and that schools are given a wide range of possible ways to comply.

One area in relation to this topic that I feel strongly about is the proper use of content filters in a K-12 setting. I feel that I have a unique perspective on this topic as I was responsible for the management of the Content Filter at Colonial for the last six years. While content filters are required, the manner in which the filter is deployed are almost entirely up to the school district. The requirement states only that all users be monitored and that a filter is in place. Some districts will block almost everything in the hopes of having control. Districts subscribing to this method are in fantasy land. If you are looking for reality, you need to realize that this method only keeps you in the dark.

The majority of students in a high school environment know how to "get around" a filter. It usually involves using a proxy server that masks where you are going. To my knowledge, filters cannot stop this behavior, they can only stop access to a proxy site. That would be enough if new proxy servers didn't pop up online every day. In addition, users with just a bit of knowledge can make their home computer part of a proxy web if they know what they are doing.

So, how does this impact the district monitoring? Those responsible for monitoring activity will only see the proxy, they will not see that the student successfully got to MySpace. Let's explore this further. An incident happens and the school is contacted by the authorities. The authorities need to know if a student gained access to a MySpace page inside the district. Student reports say no, however, there is a reference to a proxy site. How will the district answer the authorities? Can they honestly say no, the student didn't gain access? No, they are in the dark.

It is my opinion that schools need to take a tiered approach to content filters. This approach would function almost the reverse of what many administrators think. Younger students should be filtered the heaviest. Not because of a high risk, but because they need help staying on track. For the K-3 audience, filtering could be deployed in an allowed sites only mode. In other words, the students can only get to predetermined sites. This is happening today and products like NetTrekker make this a great option.

As students get older, the filter should be gradually reduced. The students should be taught how to use the Internet respectfully and should be educated on the dangers that are there. Let's face it, they aren't filtered when they get home. By the time a student reaches high school, they should only be filtered from a select few categories such as Adult Content, Illegal Activity, Gambling and on some filters, Adware and Spyware. Use of proxies should be explained and a firm policy should be included in the acceptable use policy. Any activity in violation would be handled promptly. I feel that this approach would better educate students on the Internet, instill a sense of trust with them, and lead to a better educational experience.

Finally, in reference to staff use, districts really need to examine their policies. I can see filter in Adult Content and possibly Adware and Spyware. The rest should be open. District employees are professionals and should be treated as such. Right now, this group suffers the most in many high school environments. They don't know about proxies and are often blocked from many useful educational tools.