Michigan Laws 397.606 – Restriction of internet access to minors; immunity from liability; exceptions
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(1) If a library offers use of the internet or a computer, computer program, computer network, or computer system to the public, the governing body of that library shall adopt and require enforcement of a policy that restricts access to minors by providing the use of the internet or a computer, computer program, computer network, or computer system in 1 of the following ways:
(a) Both of the following:
Terms Used In Michigan Laws 397.606
- Computer: means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations, including logical, arithmetic, or memory functions with or on computer data or a computer program, and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. See Michigan Laws 397.602
- Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers. See Michigan Laws 397.602
- Computer program: means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network. See Michigan Laws 397.602
- Computer system: means a set of related, connected or unconnected, computer equipment, devices, software, or hardware. See Michigan Laws 397.602
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Harmful to minors: means that term as defined in section 4 of 1978 PA 33, MCL 722. See Michigan Laws 397.602
- Internet: means that term as defined in 47 USC 230. See Michigan Laws 397.602
- Library: means a library that is established by this state or by a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities, a community college district, or a college or university, or a private library open to the public. See Michigan Laws 397.602
- Minor: means an individual who is less than 18 years of age. See Michigan Laws 397.602
- Obscene: means that term as defined in section 2 of 1984 PA 343, MCL 752. See Michigan Laws 397.602
- Sexually explicit matter: means that term as defined in section 3 of 1978 PA 33, MCL 722. See Michigan Laws 397.602
(i) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors.
(ii) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are not restricted from receiving any material.
(b) By utilizing a system or method that is designed to prevent a minor from viewing obscene matter or sexually explicit matter that is harmful to minors.
(2) A governing body of a library, member of a governing body of a library, library, or an agent or employee of a governing body of a library or library, is immune from liability in a civil action as provided in section 7 of the revised judicature act of 1961, 1961 PA 236, MCL 691.1407.
(3) This section does not apply to a library established by a community college district, a college or university, or a private library open to the public.