DeWitt Community Library Internet Use Policy effective 12/1/2009


The DeWitt Community Library subscribes to the principles of free speech and expression
embodied in the First Amendment of the U.S. Constitution and New York State Constitution.
The Library also endorses the Library Bill of Rights, as developed by members of the library
profession and formalized by the American Library Association. These principles foster the
principles of open access and free exchange of ideas, some of which may be considered
objectionable by some members of the public.


The DeWitt Community Library (hereinafter "Library") provides access to the Internet as an
electronic conduit of ideas and information, greatly expanding its knowledge resources and
services. This access is available to all users who recognize and accept the scope of this policy.

Rules Governing Use

All users must comply with the DeWitt Community Library Patron Code of Conduct.
It will be considered a violation of this Policy for a Library patron to engage in the following
conduct:

1. Any criminal or illegal conduct, including the public display of offensive sexual
materials as restricted by NYS Penal Laws, 245.10, 245.11, 263.11 and 263.16 when
using a public computer. The Library reserves the right to limit access to pertinent
web resources to maintain compliance with this legislation.
2. Copyright infringement. Users are required to comply with all licensing and
copyright laws that may apply to systems or software.
3. Damaging, disabling or otherwise interfering with the operation of computers,
computer systems (including, but not limited to, altering the existing computer
settings or filenames), software or related equipment through physical action or by
electronic means.
4. Downloading, installing or using software not expressly authorized by Library.
5. Interfering with another patron’s authorized use of Library computers.
6. Engaging in any activity that creates an intimidating or hostile environment for
others, including other patrons or Library staff.
Violations may result in verbal warnings and /or suspension of library privileges for a period to
be determined by the Executive Director or designee. Criminal charges may be brought, where
applicable.

Access Limits

Due to the limited resources available for provision of public access to the Internet, the Library
may set limits (e.g., on use of large files of still or moving images or sound, or on downloading
files in any medium). The Library also reserves the right to limit the amount of time an individual
user can devote to a single computing session.

Access by Minors

Parents or legal guardians must assume responsibility for deciding which Library resources are
appropriate for their own children. Parents or legal guardians should guide their children in use
of the Internet and inform them about materials that they should not use.

User Data

Use of the Internet at the Library, and use of the Library’s public computers, is at your own risk.
The Library is not responsible for any damage to, loss of, or theft of your data. In
particular, users should be cautious about entering user names, passwords, credit card
numbers, financial information, and other private data on public computers or on private
computers or devices over a wireless network.

Linking to the DCL Website

A link to the Library's web site must be presented in a manner that does not give the impression
that the Library is making an express or implied endorsement of any goods or services provided
on your web site. The link must be presented in a manner that clearly indicates that the user is
leaving the DeWitt Community Library web site and accessing another site.

Relevant New York State Penal Law

Section 245.11 Public display of offensive sexual material

A person is guilty of public display of offensive sexual material when, with knowledge of its

character and content, he displays or permits to be displayed in or on any window, showcase,

newsstand, display rack, wall, door, billboard, display board, viewing screen, moving picture

screen, marquee or similar place, in such manner that the display is easily visible from or in any:

public street, sidewalk or thoroughfare; transportation facility; or any place accessible to

members of the public without fee or other limit or condition of admission such as a minimum

age requirement and including but not limited to schools, places of amusement, parks and

playgrounds but excluding rooms or apartments designed for actual residence; any pictorial,

three-dimensional or other visual representation of a person or a portion of the human body

that predominantly appeals to prurient interest in sex, and that:

a) depicts nudity, or actual or simulated sexual conduct or sado- masochistic abuse; or

b) depicts or appears to depict nudity, or actual or simulated sexual conduct or sadomasochistic

abuse, with the area of the male or female subject's unclothed or

apparently unclothed genitals, pubic area or buttocks, or of the female subject's unclothed or apparently 

unclothed breast, obscured by a covering or mark placed or printed on or in front of the material displayed, 

or obscured or altered in any other manner.

Public display of offensive sexual material is a Class A misdemeanor.
Section 263.11 Possessing an obscene sexual performance by a child.

A person is guilty of possessing an obscene sexual performance by a child when, knowing the
character and content thereof, he knowingly has in his possession or control any obscene
performance which includes sexual conduct by a child less than sixteen years of age.

Possessing an obscene sexual performance by a child is a class E felony
Section 263.16 Possessing a sexual performance by a child.

 

A person is guilty of possessing a sexual performance by a child when, knowing the character
and content thereof, he knowingly has in is possession or control any performance which
includes sexual conduct by a child less than sixteen years of age.
Possessing a sexual performance by a child is a class E felony.