IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

MAINSTREAM LOUDOUN, et al.,
Plaintiffs,
v.
BOARD OF TRUSTEES OF THE
LOUDOUN COUNTY LIBRARY,
Defendant.
____________________________________
THE SAFER SEX PAGE, et al.,
Plaintiffs,
v.
BOARD OF TRUSTEES OF THE
LOUDOUN COUNTY LIBRARY,
Defendant.

Case No. CA-97-2049-A

PLAINTIFF-INTERVENORS' STATEMENT OF UNDISPUTED FACTS

TABLE OF CONTENTS

I. THE PARTIES

A. The Plaintiffs Are Residents of Loudoun County Who Use the Internet Access Terminals at Defendant's Libraries

B. Intervenors Provide Information on the Internet That Is Not in Violation of Defendant's Internet Policy and Is Constitutionally Protected For Both Minors and Adults, But Was Nevertheless Blocked at Defendant's Libraries

C. Defendant is the Board of Trustees of the Loudoun County Public Library.

II. THE NATURE OF THE INTERNET

A. Basic Facts About the Internet.

B. Internet Addresses and Search Engines

C. The Internet is Large, Growing Rapidly, and Changing Rapidly

D. It Would Take A Very Long Time to Access All of the Material On the Internet

E. Robots, Crawlers, and Other Software Programs Cannot Find All Sites On the Internet

F. It is Unlikely That An Internet User Would Inadvertently Come Across Sexually Explicit Material

III. DEFENDANT'S "POLICY ON INTERNET SEXUAL HARASSMENT"

A. Defendant's Internet Policy Provides That Sites Identified by a Vendor Called X-Stop Will Be Blocked to All Patrons, Both Adults and Minors, at the Library

B. The Library Has Offered Several Changing Justifications for the Policy.

C. The Policy Is Implemented By Selecting X-Stop Which Blocks Based on Unclear Standards

X-Stop Blocks Based on Unclear Standards

Loudoun Libraries Do Not Know Which Sites Have Been Blocked and Which Have Not and Admit the Standards By Which They Are Supposed to Make Unblocking Decisions Are Extremely Unclear, Subjective, and Inconsistent

D. The Library Implemented a Procedure that Requires Patrons to Fill Out a Form to Obtain Access to a Blocked Site that Does Not Violate the Policy. The Process of Reviewing the Sites Takes Days or Months and the Result Is Not Necessarily Communicated to the Patron

E. The Policy As Implemented Violates Patron Privacy

IV. DEFENDANT BLOCKS A GREAT NUMBER OF SITES THAT CONTAIN PROTECTED SPEECH AND FAILS TO BLOCK SITES THAT VIOLATE THE POLICY

A. Well Over a Hundred Sites Have So Far Been Identified by Library Staff, Patrons, Intervenors, and Others That Were Blocked Even Though They Did Not Violate The Policy and Contained Constitutionally Protected Speech.

1. Defendant Admits that Blocking Software Inevitably Blocks Protected Speech

2. Library Staff Have Identified Sites that Are Blocked that Contain Protected Speech.

3. During the Library Staff's Only Test of X-Stop, Staff Identified Additional Sites with Protected Speech that Were Blocked.

4. Patrons Submitted Requests to Unblock Sites that Contain Protected Speech

5. Plaintiffs Have Been Blocked from Accessing Sites With Constitutionally Protected Speech

6. Defendant Has Blocked Intervenors' Sites Which Contain Constitutionally Protected Speech

7. Intervenors' Witness Cassidy Sehgal Has Been Blocked from Accessing Additional Sites With Constitutionally Protected Speech

8. Plaintiffs' Expert, Karen Schneider, Using a Methodology Recognized by Defendant, Found Sites that Contained Constitutionally Protected Speech that Were Blocked by X-Stop

9. Defendant Has Blocked Sites with One Viewpoint While Allowing Access to Sites with the Opposite Viewpoint

B. Defendant Admits that It Fails to Block Material that Violates the Policy

C. Patrons Are Deterred From Requesting That A Site Be Unblocked

D. The Policy Prevents Patrons Who Have No Other Access to the Internet from Accessing Material Which Is Constitutionally Protected

V. THERE ARE NO TECHNOLOGICAL ALTERNATIVES THAT WOULD CURE DEFENDANT'S POLICY AND ITS IMPLEMENTATION

VI. LIBRARIANS HAVE DEVELOPED A VARIETY OF ALTERNATIVES THAT ARE LESS RESTRICTIVE AND MORE EFFECTIVE AT ASSISTING PATRONS IN AVOIDING UNWANTED CONTENT

A. Librarians Around the Nation Have Developed Alternatives to Blocking Software

B. Virginia Libraries Have Developed Alternatives to Mandatory Blocking Software and Have Successfully Offered Unrestricted Internet Access

I. THE PARTIES

A. The Plaintiffs Are Residents of Loudoun County Who Use the Internet Access Terminals at Defendant's Libraries.

  1. The plaintiff is an organization composed largely of residents of Loudoun County, Virginia. Ex. 1 (McGiverin Dep. at 11).
  2. Members of the plaintiff organization use the Loudoun County library public Internet access terminals. Ex. 2 (Loren Kropat Decl. in Support of Pls' Opp. to Def's Motion to Dismiss).

B. Intervenors Provide Information on the Internet That Is Not in Violation of Defendant's Internet Policy and Is Constitutionally Protected For Both Minors and Adults, But Was Nevertheless Blocked at Defendant's Libraries.

The Safer Sex Page, Owned and Operated by Christopher Filkins

3. Christopher Filkins owns and operates The Safer Sex Page, which is currently available at http://www.safersex.org. (See generally Filkins Decl. Exs. 1-6.) The Safer Sex Page is a large site on the Internet's World Wide Web that offers free educational information on how to practice safer sex. The site includes information about safer sex, HIV transmission, and condoms, as well as resources for health educators and counselors. Filkins Decl., ¶2.

4. The Safer Sex Page was originally created by John Troyer while he was a Ph.D. candidate at the University of California. Troyer ran the site with the aid of a number of other individuals, including Filkins, who has been involved with the project for about two years. When, after completing his Ph.D. program, increased time constraints from his career made it impossible for Troyer to continue to maintain the Safer Sex Page, Filkins took over the administration and running of the site. Id., ¶3.

5. The Safer Sex Page includes a wide array of sex education materials from dozens of sources; brochures include graphics, audio, and video. Some resources are written specifically for The Safer Sex Page, and other resources are based on information received from other groups including the Centers for Disease Control, Planned Parenthood, the United States Department of Health and Human Services, and the Los Angeles Gay and Lesbian Community Services Center. Id., ¶4

6. The Safer Sex Page includes the following items: "Condoms and HIV/STD Prevention: Clarifying the Message" (Decl. Ex. 1), a commentary written by doctors from the CDC; "How to Use a Condom" (Decl. Ex. 2), illustrated instructions on how to properly use a condom; "AIDS Proofing Your Kids" (Decl. Ex. 3), an article by a group of doctors who had authored a book by the same title; and "Oral Sex" (Decl. Ex. 4), a list of resources regarding the risks of oral sex. Filkins Decl., ¶5.

7. By their very nature, information and discussions about safer sex include explicit language and pictures. Postings include guidelines about the risks associated with different sexual acts. Explicitness is necessary to make safer sex materials comprehensible. The public health threat of unsafe sex demands that people know with specificity how to protect themselves. Id., ¶6.

8. Teenagers are an important audience for the resources offered through The Safer Sex Page. Many teenagers are sexually active, or consider becoming sexually active before they reach adulthood. With the rate of HIV transmission among teenagers increasing dramatically, the consequences of denying minors access to such information could very well cost lives. Id., ¶7.

9. Filkins believes that because of the sensitive and personal nature of information about safer sex and AIDS, many people may prefer to access his site at a public library to reduce the possibility that their online research may be tracked to them personally. Also, Filkins believes that many people, particularly teens who live with their parents, would not be able access the site with any privacy or anonymity. Of course, there are also many people who do not have access to the Internet from their homes or offices who only have access to the Internet through public institutions. Id., ¶8.

10. Filkins does not believe that The Safer Sex Web site is obscene or otherwise constitutionally unprotected. He does, however, believe that there are still many people in our society who are offended by candid discussions about sex and particularly when this speech deals with young people learning to deal responsibly with their sexuality. In fact, Filkins believes this is one of the reasons that The Safer Sex Web site has been blocked by various kinds of filtering software. Id., ¶9.

11. Filkins was advised that on February 2, 1998, Defendant blocked The Safer Sex Page from reaching patrons in the Loudoun County Library through its use of the blocking software X-Stop. He does not know why his site was blocked. He was not advised by Defendant or X-Stop that his site was blocked. Id., ¶10.

12. Filkins understands that on certain days since the instigation of this litigation, The Safer Sex Page may have been available in the library. He does, however, fear that Defendant may again block the Web site in the future. Since taking over the site from Mr. Troyer, he has been working to change some of the format and content of the site. Filkins expects to continue to add new content. He is afraid that the new content, with new URLs, will again be blocked by X-Stop for the same reason X-Stop blocked it previously. Also, he fears that the Library may switch blocking products to another blocking software that blocks his Web site. Finally, he is afraid that Defendant's decision to unblock his Web site may have been motivated by this lawsuit, and that without an injunction his site will again be blocked. Id., ¶11.

13. Filkins has no feasible way to determine whether a particular blocking software program blocks his site. He understands that X-Stop's blocked site list, and the criteria for blocking sites, is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. He understands that X-Stop adds thousands of new URLs each week to its blocked site list. Filkins does not have the time or money to purchase all of the available blocking software products and to continually monitor them to determine whether his site is blocked on any given day. Id., ¶12.

14. Filkins understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. He does not believe that anyone should have to fill out a form and provide it to a government official to get permission before they can access the speech on The Safer Sex Page. In addition, he believes that library patrons interested in The Safer Sex Page may be deterred from filling out this form because the site contains controversial, sensitive and extremely personal information. Also, he believes that library patrons will be deterred because of the stigma of filling out a form that seeks access to a site that violates the library policy and because of the stigma of having to justify why they need access to the site. Id., ¶13.

15. Even if Filkins could somehow continue to determine whether his Web site is currently blocked from reaching patrons in Loudoun County, he has no way (absent this litigation) to challenge the blocking of the site. Filkins is a resident of Santa Monica, California, and does not have the time or money to travel to the Loudoun County Library. Even if he could visit the library, he could not get the necessary library card to enable him to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶14.

16. Similarly, Filkins has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents his site from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to visit all of them continually to ensure that they are not blocking The Safer Sex Page. Id., ¶15.

17. If public libraries around the country continue to use blocking software, The Safer Sex Page may be forced to self-censor in order to avoid being blocked in libraries. Filkins believes that thousands of other organizations who provide information on controversial subjects on the Internet may also be forced to self-censor. The use of blocking software in public libraries could severely harm the ability of these organizations to communicate valuable information to library patrons. Id., ¶16.

Banned Books On-Line, Owned and Operated by John Ockerbloom

18. John Ockerbloom currently owns and operates a site on the World Wide Web called Banned Books On-Line, which is currently available on the Web at http://www.cs.cmu.edu/People/spok/banned-books (see generally Ockerbloom Decl. Exs. 1-4). In May 1998, Ockerbloom completed his Ph.D. in computer science at Carnegie Mellon University (CMU) in Pittsburgh, Pennsylvania. While doing preliminary research for his thesis in 1993, he learned about the World Wide Web and set up Web service for the Carnegie Mellon School of Computer Science. Banned Books On-Line is a compilation of many books that have been the object of censorship or censorship attempts throughout history. The site also promises links to the full text of many of the books available on various Web sites. Ockerbloom Decl., ¶2.

19. Banned Books On-Line is part of a larger Web site called the On-Line Books Page, a directory of books that allows users to read the full text of each book for free on the Internet. The books themselves are mostly prepared by other projects and by individuals, and are all legitimately available at no charge. (The page offers primarily books that are not copyrighted, and some books for which the copyright holder has granted permission for free, personal, noncommercial, online use.) Id., ¶3.

20. Currently, the On-Line Books Page lists over six thousand complete books that can be read online without charge. The On-Line Books Page is accessed approximately thirty thousand times per week. The Universal Library Project of CMU works with the On-Line Books Page as part of its mission to start a worldwide movement to make available on the Internet all the authored works of humankind so that anyone can access these works for free from any place at any time. Id., ¶4.

21. In 1994, Ockerbloom added the set of pages to the On-Line Books Page entitled "Banned Books On-Line". He was motivated to add these pages in response to CMU's decision to censor certain content on the university computer network. The Banned Books On- Line pages were meant to demonstrate to the university that the terms of its censorship policy could result in the banning of many well known books that are freely available in print at the CMU library and elsewhere. He strongly believes that electronic books should receive the same protection from censorship that is granted to print books. Id., ¶5.

22. Ockerbloom is responsible for writing and editing Banned Books On-Line as well as constructing the hyperlinks to various material referenced on the page. Although the On-Line Books Page resides on a computer at CMU, he maintains the pages as a personal project and as a service to the online community. Id., ¶6.

23. Banned Books On-Line lets Internet users read for themselves books that have been suppressed at various times and places throughout history. The Banned Books pages are accessed more than 7,000 times per week. The pages offer links to the full text of over thirty books that have been the object of censorship or censorship attempts. The books include:

Id., ¶7.

24. Many of the books on the Banned Books On-Line pages are routinely available at libraries and in bookstores around the country. However, some of the books posted on the Banned Books On-Line site are out of print or otherwise hard to find. Id., ¶8.

25. Ockerbloom believes that the books on the Banned Books On-Line Web site all have literary, educational, political, scholarly, or documentary value for both adults and minors. In addition to offering the full text of these books, the site offers important documentation of past and present censorship efforts. He believes that the books should be available to the widest possible audience, regardless of age, including people who are patrons of the Loudoun County Library. Id., ¶9.

26. Ockerbloom does not believe that any of his work online or offline is obscene or otherwise constitutionally unprotected. However, the books posted on his site have a history of controversy as objects of censorship or censorship attempts. He believes that since these books have been censored in the past it is possible that they may be censored again in the future. Id., ¶10.

27. The Internet is a particularly appropriate and useful tool for educating a world-wide audience about censorship. Ockerbloom's page is a valuable reference source for anyone interested in why speech is censored. As illustrated by this case, censorship is by no means a historical practice; it still occurs. He wants people to be able to see this material for themselves. Some of the books posted on his site are still banned in places, and Banned Books On-Line provides one of the very few opportunities for people in those places to access the information. Id., ¶11.

28. Many people do not have Internet access at home or at work, and Ockerbloom believes it is important that they be able to access his site in places like libraries where Internet access is provided for free. Id., ¶12.

29. In October 1997, Ockerbloom learned from a source on the Internet that all of the Banned Books On-Line Web pages were blocked by X-Stop in the Loudoun County Library. To verify this, he called the company and spoke with John Walker, who identified himself as a Vice President at X-Stop. Mr. Walker informed Ockerbloom that his site was "originally blocked" probably via X-Stop's "automated system" and that they were "temporarily guilty as charged." He said that X-Stop had either already unblocked the site or would unblock it soon. During the course of this conversation, he also mentioned that X-Stop blocks "the Quakers." See Ockerblom Decl. Ex. 4; Ockerbloom Decl., ¶13.

30. On February 2, 1998, Ockerbloom was advised that Defendant still blocked a link on the Banned Books On-Line Web site to the book, E Is for Ecstasy by Nicholas Saunders. The book is about the history of the drug MDMA and the author's experiences using the drug and contains nothing that could remotely qualify as "pornography." See Ockerbloom Decl. Ex. 2; Ockerbloom Decl., ¶14.

31. While Ockerbloom understands that the remainder of the site may have been available in the library on certain days since this case began, this does not ease his concerns. For several reasons, he is afraid that Defendant will block his speech in the future. First, the content on his site changes often, and he adds new books to the list with new links to those books. He is afraid that any new content he adds will be blocked by X-Stop for the same reason X-Stop blocked his previous content. Second, he may move the site from the CMU server since he is no longer a student and plans to leave the university after the conclusion of the 1998-99 academic year. Third, he fears that the Library may switch blocking products to another blocking software that blocks his speech. Finally, he is afraid that the decision to unblock his site may have been motivated by this lawsuit, and that absent a ruling in his favor Defendant could block his site again. Ockerbloom Decl., ¶15.

32. Ockerbloom has no feasible way to determine whether a particular blocking software program blocks his speech. He understands that X-Stop's blocked site list and the criteria for blocking sites is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. He understands that X-Stop adds thousands of new Web sites each week to its blocked list. He provides his speech on the Internet for free, and he does not have the time or the money required to constantly monitor the blocking and unblocking of sites from a variety of different products to determine whether his site is blocked on any given day. Id., ¶16.

33. Ockerbloom understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. He does not believe that anyone should have to fill out a form and provide it to a government official before they can access his speech on the Internet. In addition, he believes that library patrons interested in his speech may be deterred from filling out this form because the site contains controversial information, because of the stigma of filling out a form that seeks access to a site that violates the Policy, because of the stigma of having to justify why they need access to the site, or because they need the information immediately. Finally, the block itself may impair the ability of the library patron to evaluate the site to see whether an unblocking request should be made. Id., ¶17.

34. Even if Ockerbloom could somehow continue to determine whether his speech is currently blocked from reaching patrons in Loudoun County, he has no way (absent this litigation) to challenge the blocking of his site. He lives in Pennsylvania, and does not have the time or money to travel to the Loudoun County Library. Even if he could visit the library, since he is not a local resident he could not get the necessary library card to enable him to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. It is unclear whether the library would honor an informal request to unblock his site since he is not a patron. Id., ¶18.

35. Similarly, Ockerbloom has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents his speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to ensure that they are not blocking his speech. Id., ¶19.

36. If public libraries around the country continue to use blocking software, Ockerbloom will have to self-censor his site in order to avoid being blocked in libraries and to ensure that his speech is heard by library patrons. Such censorship would completely negate the very purpose of his site. Id., ¶20.

American Association of University Women Maryland

37. Lynn Hapchuk is the immediate past president of the American Association of University Women (AAUW) Maryland. AAUW Maryland is an unincorporated association founded in 1942 with twenty-five branches and over 1,200 individual members. AAUW Maryland promotes equity, education, self-development over the life span, and positive societal change for all women and girls. AAUW Maryland is an organizational unit of the national American Association of University Women, which also works to remove barriers and develop opportunities to enable women and girls to reach their full potential. Hapchuk Decl., ¶2.

38. AAUW Maryland has a site on the World Wide Web which is currently available at http://www.iatnet.com/aauw. See generally Hapchuk Decl. Exs. 1-6. The AAUW Maryland site provides information about AAUW Maryland and about the national AAUW. The Web site discusses AAUW's leadership role in civil rights issues; work and family issues such as pay equity, family and medical leave, and dependent care; sex discrimination; and reproductive rights. There is also information about fellowships and grants available through the AAUW Maryland Educational Foundation, which has provided financial assistance to more than 6,500 women striving to reach personal and professional goals. The Web site also provides information about the AAUW Maryland Legal Advocacy Fund, which provides funds and a support system for women seeking judicial redress for sex discrimination in higher education. Id., ¶3.

39. AAUW Maryland uses its Web site as a membership recruitment tool. Regular membership is open to anyone who holds a baccalaureate degree from an accredited university. Undergraduate students may also join as student affiliates. AAUW Maryland has had an increase in membership through Web contacts. Id., ¶4.

40. AAUW Maryland branch members sometimes act as mentors to students during the college years. If a student from another state, such as nearby Virginia, were interested in becoming an affiliate in a branch near her college or university, the AAUW Maryland Web site could direct her to an appropriate contact. Id., ¶5.

41. The AAUW Maryland Web site has a "Hot List" of links to other online resources for women. Persons who are interested in the activities of women's organizations throughout the country can access the AAUW Maryland Web site for information and personal contacts. Id., ¶6.

42. AAUW Maryland is opposed to censorship in any form. In a 1983 Resolution, AAUW Maryland stated that "AAUW Maryland vigorously resists any attempts, whether by special interest groups, branches of government, or other sources, to ban or censor books or other media." In support of its mission to support educational equity for women, AAUW Maryland has stated that it "believes that public education is the foundation of a democratic society. We advocate equity, academic freedom, protection from censorship, bias- free education, and responsible funding for all levels of education." Because public libraries provide free educational resources to citizens who may otherwise lack access to them, AAUW Maryland is opposed to any censorship of books or other information resources in libraries because of disagreement with its content or viewpoint. Id., ¶7.

43. Hapchuk believes that the AAUW Maryland Web site has literary, educational, political and scholarly value for both adults and minors. The resources offered through the AAUW Maryland Web site provide valuable information and support to women who may need financial help in getting through college or in pursuing a sex discrimination claim against a university; girls seeking participation in AAUW Maryland educational programs; people who want to network with other women's advocates; and many others. AAUW Maryland believes that its Web site should be freely available to all Internet users, regardless of their age, including patrons at the Loudoun County Library. Id., ¶8.

44. Hapchuk does not believe that any of AAUW Maryland's online content is obscene or otherwise constitutionally unprotected. However, AAUW Maryland has at times supported controversial issues. She believes that just as some people have found AAUW Maryland's politics offensive, people could find the information on the AAUW Maryland Web site offensive in some way. Id., ¶9.

45. The Internet has been a valuable tool for bringing the work of AAUW Maryland to a large audience, and to people who otherwise might not have access to the financial support, advocacy and encouragement of the AAUW. Many people do not have Internet access at home or at work, and AAUW Maryland believes it is important that they be able to access its site in places like libraries where Internet access is provided for free. Id., ¶10.

46. In early 1998, AAUW Maryland was advised that its site was being blocked from the Loudoun County Library computer system. Hapchuk was not informed by Defendant or X-Stop that the AAUW Maryland site was blocked. Her daughter, Melissa, attempted to access the AAUW Maryland site during a visit to Loudoun County in March of 1998 but was not permitted to use the computer. Computer privileges are limited to residents of Loudoun County, Virginia. Id., ¶11.

47. While AAUW Maryland understands that its site may have been available in the library on certain days after this case was filed, this does not ease its concerns. For several reasons, AAUW Maryland is afraid that Defendant will block its speech in the future. First, the content on the site changes often, and new pages may be added with new URLs. AAUW Maryland is afraid that any new content it adds will be blocked by X-Stop for the same reason X-Stop blocked its previous content. Second, AAUW Maryland fears that the Library may switch blocking products to another blocking software that blocks its speech. Finally, AAUW Maryland fears that Defendant's decision to unblock its site may have been motivated by this lawsuit, and that absent a ruling in its favor Defendant could block the site again. Id., ¶12.

48. AAUW Maryland has no feasible way to determine whether a particular blocking software program blocks its speech. AAUW Maryland understands that X-Stop's blocked site list and the criteria for blocking sites is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. It understands that X-Stop adds thousands of new Web sites each week to its blocked list. AAUW Maryland provides its speech on the Internet for free, and does not have the time or the money required to constantly monitor the blocking and unblocking of sites from a variety of different products to determine whether its site is blocked on any given day. Id., ¶13.

49. AAUW Maryland understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. AAUW Maryland does not believe that anyone should have to fill out a form and provide it to a government official before they can access AAUW Maryland's speech on the Internet. In addition, AAUW Maryland believes that library patrons interested in its speech may be deterred from filling out this form because of the stigma of filling out a form that seeks access to a site that violates the Policy, because of the stigma of having to justify why they need access to the site, or because they need the information immediately. Id., ¶14.

50. Even if AAUW Maryland could somehow continue to determine whether its speech is currently blocked from reaching patrons in Loudoun County, it has no way (absent this litigation) to challenge the blocking of their site on a given day. AAUW Maryland does not have the time or money to travel to the Loudoun County Library. Even if it could send someone to visit the library, since AAUW Maryland members are not local residents, they could not get the necessary library card to enable them to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶15.

51. Similarly, AAUW Maryland has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents AAUW Maryland's speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to visit all of them continually to ensure that they are not blocking AAUW Maryland's speech. Id., ¶16.

52. AAUW Maryland believes that if public libraries around the country continue to use blocking software, it would severely harm the ability of AAUW Maryland to communicate their work and their purpose to library patrons. AAUW Maryland feels that this would be a grave disservice to those women and girls who would otherwise be exposed to the myriad of opportunities AAUW Maryland offers. Id., ¶17.

Rob Morse

53. Rob Morse has been a journalist for the past nineteen years and a columnist for The San Francisco Examiner for the past thirteen years. The San Francisco Examiner is a mainstream newspaper with a circulation of 125,000 daily and 650,000 Sunday in the San Francisco metropolitan area. Morse Decl., ¶2.

54. Currently, Morse writes a daily column on a variety of issues ranging from national politics, homelessness, urban violence, computer news, and the Superbowl, to human cloning. Id., ¶3.

55. More than four hundred of Morse's columns written for The San Francisco Examiner are available online for free at a Web site called The San Francisco Gate ("the Gate"). The Gate provides access to information ranging from news, entertainment, technology, business, and travel information about the San Francisco area. The San Francisco Examiner is one of the many publications providing public access to its information through the Gate Web site. Archived articles published in The San Francisco Examiner, including those written by Morse, are available online through the Gate. The Gate Web site is accessed two and a half million times per week. Id., ¶4.

56. Some of Morse's columns that have been recently available on the Gate include "Clinton Library: Rated X" (Decl. Ex. 1), a column about the allegations of illegal conduct committed by President Clinton; "Sex, lies, tobacco and red meat" (Decl. Ex. 2), a column about the differences between Washington and San Francisco politics; "Have a safe and sane First Amendment" (Decl. Ex. 3), a column about the proposed constitutional amendment against flag desecration; and "San Francisco - a parade community" (Decl. Ex. 4), a column about San Francisco's Gay Pride Parade. His columns from 1995 to present are currently available at http://www.sfgate.com/wais/search/arch.pro.html. Morse Decl., ¶5; Decl. Ex. 5.

57. Morse believes that his columns have educational, political, literary, artistic and social value for both adults and minors. Some of his columns have received critical praise and honors, including in 1996 the Best of the West award for Immigration and Minority Affairs Reporting, and in 1996 and 1997, the First Place in Columns and Commentary award from the California Newspaper Publishers Association. Morse Decl., ¶6.

58. Morse was advised that on February 2, 1998, the Gate Web site which includes his columns, and indeed the entire contents of the San Francisco Examiner, was blocked from reaching the patrons of the Loudoun County Library by Defendant through the use of the blocking software X-Stop. He was not advised by Defendant nor by X-Stop that his work had been blocked. Id., ¶7.

59. Morse understands that on certain days since this lawsuit began, his columns may have been available in the library. However, he is afraid that Defendant will block his column in the future. He has no way of knowing when the content of one of his columns will be blocked by X-Stop for the same reason X-Stop blocked his previous columns. Also, if the Library switches to different blocking software, that program may block Morse's speech as X- Stop has done. Finally, Morse believes that Defendant's unblocking his site may have been motivated by this lawsuit, and that without an injunction Defendant may return to blocking his speech. Id., ¶8.

60. Morse has no feasible way to determine whether Defendant continues to block his columns from Loudoun County Library patrons and would have no way of knowing if Defendant resumed blocking his columns in the future. Also, Morse is not a resident of Loudoun County and would, therefore, not be able to access the Internet from a Loudoun County Public Library to determine if his column was still being blocked, nor could he submit one of the library's "Request to Review Blocked Site" forms. Id., ¶9.

61. Because it is impossible to know when or where a public library is using software which will block his column Morse fears that those who publish on the Internet, like himself, will eventually have to self-censor to avoid being blocked from public libraries. Id., ¶10.

62. Also, there would be no way for Morse to monitor every public library in the country to determine whether blocking software is preventing his columns from being read by library patrons. It is simply not feasible to monitor all the libraries in the United States to ensure that his speech is not being blocked by the use of blocking software. Id., ¶11.

63. Morse believes that his columns should receive the same level of First Amendment protection when published online that they receive when published in the printed newspaper. Just as adults and minors may read his columns in the printed version of The San Francisco Examiner, adult and minor patrons at the Loudoun County Library should be able to read the same columns on the Internet. Id., ¶12.

Books for Gay and Lesbian Teens/Youth, Owned and Operated by Jeremy Meyers

64. Jeremy Meyers is a nineteen-year-old high school student living in New York City. He has been using computers for over ten years and has been communicating on the Internet since 1992. Meyers Decl., ¶2.

65. Meyers is the author, maintainer and compiler of the Web site Books for Gay and Lesbian Teens/Youth. Books for Gay and Lesbian Teens/Youth is a free Web site that provides information about books of interest to gay and lesbian youth. Id., ¶3.

66. In addition to maintaining the Books for Gay and Lesbian Teens/Youth Web site, Meyers also a volunteer for the SAFETeen Project, which is a group of online peer counselors for gay, lesbian, bisexual, and questioning youth. This group provides peer counseling services for "teens in trouble" via the Internet. As a peer counselor he has seen the social prejudices against gay and lesbian youth and the devastating effect this prejudice can have. Id., ¶4.

67. The Books for Gay & Lesbian Teens/Youth Web site lists many books that may be of interest to gay and lesbian youth. Meyers compiled the list from a booklist he obtained from Lambda Rising, a bookstore chain with stores in major cities throughout the United States. He developed the list in response to a lack of widely available information about books on this subject. The information was available on very few Web sites and was not easily retrievable; therefore, Meyers felt that the information should be consolidated into one easy-to- use Web site. Id., ¶5.

68. The Books for Gay & Lesbian Teens/Youth Web site contains a brief description of the subject of each book, and in some cases provides a link to Amazon.com, a commercial Web site (not controlled by Meyers) at which users can purchase the book over the Internet. Also, the most recent version of the Web site includes visual images of the book covers. The book list includes the following books:

· Understanding Sexual Identity: A Book for Gay and Lesbian Teens, by Janice Rench

Id., ¶6.

69. The Books for Gay & Lesbian Teens/Youth Web site was available, until Spring 1998, at http://youth.org/docs/books.html (Decl. Ex. 1) and is currently available at http://www/softlord.com/gaybooks/. Meyers Decl., ¶7; Decl. Ex. 2.

70. Meyers believes that the Books for Gay & Lesbian Teens/Youth Web site is an important resource for gay and lesbian youth, who may not know where to find reliable information regarding issues of sexual orientation. He believes providing this information and support can help gay and lesbian youth through a particularly difficult part of their lives. Id., ¶8.

71. Considering that statistics show that teenage suicide is much higher among gay and lesbian youth than among other teenagers (some statistics report that thirty-three percent of teen suicides are gay and lesbian youth), Meyers believes that the information provided on his site could in fact save lives. Id., ¶9.

72. Because Meyers' Web site provides information specifically for teens who are coming to terms with their sexual identity and who are considering coming out to their parents, he believes that some people may prefer to access his site at a public library to reduce the possibility that their online research may be tracked to them personally and to obtain privacy and anonymity that they may not have accessing the Internet from their parents' home. Also, many people simply do not have Internet access at home or work and Meyers believes that they should be allowed to access his site in places like libraries where Internet access is provided for free. Id., ¶10.

73. Meyers does not believe that the Books for Gay & Lesbian Teens/Youth Web site itself is in any way obscene or otherwise constitutionally unprotected. Although he has not read every book listed on the Web site, Meyers does not believe that any of those books are obscene or otherwise constitutionally unprotected. Id., ¶11.

74. Meyers believes that the books listed on the Books for Gay & Lesbian Teens/Youth Web site have educational, political, literary, artistic and social value. The books include those by and about gay and lesbian teens, about AIDS, about social prejudice against homosexuals and about how both children and parents can come to terms with a teen's homosexuality. Id., ¶12.

75. While Meyers believes that the list of books and the books themselves are valuable, in his experience there are still many people in our society who find any speech about homosexuality to be offensive, especially speech that talks frankly about teenagers confronting their sexuality. These people might want to keep young people from accessing his Web site. Id., ¶13.

76. Meyers was advised that on February 2, 1998, Defendants blocked the Books for Gay & Lesbian Teens/Youth Web site from reaching patrons of the Loudoun County Library through the use of the blocking software X-Stop. He was not advised by Defendants nor by X-Stop that his site had been blocked. Id., ¶14.

77. Meyers does not know why his site was blocked, although he was advised that the Web pages sponsored by groups like the American Family Association (AFA) and the Family Research Council (FRC), which condemn homosexuality, were not blocked. AFA has a Web page entitled "Homosexuality in America: Exposing the Myths." FRC has a Web page entitled "Debunking the Myth of Gay Youth Suicide." Id., ¶15.

78. Meyers understands that on certain days since this case was filed, his site may have been available in the library. This does not ease his concerns. For several reasons, Meyers is afraid that Defendant will block his speech in the future. First, the content on his site changes and shifts. He often adds new pages with new URLs and the URL of his home page has changed and could routinely change again in the future. Indeed, X-Stop blocked Meyers' site when it was located at its old URL; therefore, Meyers is afraid that his new pages will be blocked by X-Stop for the same reason X-Stop blocked his previous pages. Second, he fears that the Library may switch blocking products to another blocking software that blocks his site. Finally, he is afraid that Defendant's decision to unblock his site may have been motivated by this lawsuit, and that Defendant could block Meyers' site again if he does not obtain an injunction. Id., ¶16.

79. Meyers has no feasible way to determine whether a particular blocking software program blocks his speech. He understands that X-Stop's blocked site list, and the criteria for blocking sites, is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. He understands that X-Stop adds thousands of new URLs each week to its blocked site list. Meyers provides his speech on the Internet for free. As a high school student he has very little income, and he does not have the time or money to purchase all of the available blocking software products and to continually monitor them to determine whether his site is blocked on any given day. Id., ¶17.

80. Meyers understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. He does not believe that anyone should have to fill out a form and provide it to a government official before they can access his Web site on the Internet. In addition, Meyers believes that library patrons, particularly teenagers, interested in his Web site may be deterred from filling out this form because the subject is controversial, sensitive, and extremely personal. Also, Meyers believes that library patrons will be deterred because of the stigma of filling out a form that seeks access to a site that violates the library policy and because of the stigma of having to justify why they need access to the site. These deterrents are further amplified by existing prejudices against homosexuals. Id., ¶18.

81. Even if Meyers could somehow continue to determine whether his speech is currently blocked from reaching patrons in Loudoun County, he has no way (absent this litigation) to challenge the blocking of his site. Meyers lives in New York City and does not have the time or money to travel to the Loudoun County Library. Even if he could visit the library, since he is not a local resident he could not get the necessary library card to enable him to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶19.

82. Similarly, Meyers has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents his speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible for Meyers to visit all of them continually to ensure that they are not blocking his speech. Id., ¶20.

83. If public libraries around the country continue to use blocking software, Meyers may be forced to self-censor in order to avoid being blocked in libraries. He believes that thousands of Web site authors on the Internet may also be forced to make the Hobson's choice of providing complete and accurate information at the risk of having that information banned from public libraries or "dumbing down" their Web sites until they are free of any controversial content and thus allowed in public libraries. The use of blocking software in public libraries could severely harm the ability of Web sites like Meyers' to communicate valuable information to library patrons. Id., ¶21.

Sergio Arau

84. Sergio Arau is a Mexican painter, composer, and musician who lives in Los Angeles, California. He is popularly known as "El Padrino" (The Godfather) of the new Mexican music movement called "Rock en Español," which blends American rock n' roll with Mexican traditional music such as ranchero, bolero, and huapango. He has recorded several successful compact disks, including a recent release on Sony Records entitled "Mi Frida Sufrida" ("My Suffering Frida"). Several of Mr. Arau's paintings have been exhibited in numerous museums and galleries, including the Museo Rufino Tamayo in Mexico City. Arau Decl., ¶1.

85. Mr. Arau's visual art takes ideas from classical art work by Michelangelo and Caravaggio and infuses them with contemporary themes. As Paco Ignacio Taibo, a recognized Mexican writer, explained: "Arau's characters seem to fly between the Sistine Chapel and the Arena Coliseo [a famous wrestling arena in Mexico]." Mr. Arau's music and paintings reflect humor, irony, tradition and contemporary reality in a style that he calls "realismo mitologico" ("mythological realism"). Mr. Arau hopes that his art work will call attention to cultural elements in painting, film and music that have become so familiar that they are not recognized. He takes these everyday elements and elevates and frames them in order to call attention to them and to celebrate the culture-in-the-making. Id., ¶2.

86. Many of Mr. Arau's fans are teenagers who can hear his music performed live, listen to his records on the radio, and see his art work in galleries. Id., ¶3.

87. Some of Mr. Arau's paintings are available for free viewing on the World Wide Web. In 1996, a free online Web magazine entitled "Foundry" featured his works on its site. The Foundry Web site exhibited eighteen of Mr. Arau's paintings, which include several nude or partially nude figures. The paintings are connected by a text composed by his wife, Yareli Arizmendi, and himself. The text told a short story in which some of the words of the story were linked to Mr. Arau's paintings. The project was designed to explore the possibilities of an interactive art show using narrative and visual art, and to provide the opportunity for direct audience participation. The Foundry Web site with Mr. Arau's work on it was accessible until spring of this year at http://www.sfgate.com/foundry/arautext.html. (Decl. Exs. 1-6). Because the Foundry Web site became inactive, Mr. Arau recently had his paintings put up on the Art on the Net Web site at http://www.art.net/~sergio/ or at http://www.art.net/thegallery/sergio. Arau Decl., ¶4; Decl. Ex. 7.

88. Mr. Arau's music has also been featured on several other Web sites, including free audio files on the World Wide Web. One such site was previously located at http://www.rockweb.com/bands/sergio_arau/index.htm. (Decl. Ex. 8). The same music is played on radio stations around the country. Some of the lyrics in the music contains a form of speech known in Spanish as the "albur," which uses puns and words games that often involve sexual innuendo. Arau Decl., ¶5.

89. The Internet has been a tremendous tool for communicating Mr. Arau's work to a larger, even world-wide, audience, and to people that otherwise might never have been exposed to it. For instance, hundreds of thousands of online users anywhere in the world can access the works available on Art on the Net. The Art on the Net site receives anywhere from 80,000-110,000 accesses on its site daily from between 2,500 and 4,500 unique hosts. Many people who are interested in Mr. Arau's work are unable to visit art galleries where his work has been displayed because of geographical distance; the Internet erases that limitation. Arau Decl., ¶6.

90. Mr. Arau would like to communicate his art and music to the widest possible audience, regardless of age, including people who are patrons of the Loudoun County Library. Many people do not have Internet access at home or at work, and it is important that they be able to access Mr. Arau's art in places like libraries where Internet access is provided for free. Id., ¶7.

91. Mr. Arau's work, both online and offline is not obscene or otherwise constitutionally unprotected. Id., ¶8.

92. Mr. Arau's speech has educational, political, literary, artistic and social value for both adults and minors. However, Mr. Arau believe that for some people, art -- especially art depicting the nude human body -- is always controversial. Mr. Arau is aware of many controversies in which people have suppressed or attempted to suppress art which they found to be offensive. For example, in 1989, there were numerous attempts to censor the photographs of Robert Mapplethorp. In one instance, a Cincinnati museum director was even arrested on obscenity charges for showing the Mapplethorp exhibit, although a jury ultimately acquitted him. Mr. Arau believes that just as some people have found artwork by other artists to be offensive, people could find his work offensive in some way. Id., ¶9.

93. On February 2, 1998, the Defendant blocked Mr. Arau's online works from reaching patrons in the Loudoun County Library through their use of the blocking software X-Stop. Mr. Arau does not know why his site was blocked nor was he advised by the Defendant or X-Stop that his work was blocked. Id., ¶10.

94. Mr. Arau understand that on certain days since the instigation of this litigation, his work may have been available in the library. This does not ease his concerns. Mr. Arau has just recently moved his work to the Art on the Net Web site and plans to place his work on other sites in the future, therefore, his work is and will be on the Internet with new and different URLs. Mr. Arau is afraid that these new Web sites will be blocked by X-Stop for the same reason X-Stop blocked the previous Web site where his art appeared. The content of Mr. Arau's work is constantly changing and he fears that his new work will be blocked for the same reason that X-Stop blocked his previous work. Also, if the Library changes blocking products, the new blocking software may again block Mr. Arau's speech. Finally, Mr. Arau fears that the Defendant's decision to unblock his site may have been motivated by this lawsuit, and that absent an injunction the Defendant could block his site again. Id., ¶11.

95. Mr. Arau has no feasible way to determine whether a particular blocking software program blocks his speech. Mr. Arau understands that X-Stop's blocked site list, and the criteria for blocking sites, is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. Mr. Arau understands that X-Stop adds thousands of new URLs each week to its blocked site list. He does not have the time to purchase all of the available blocking software products and to continually monitor them to determine whether his work is blocked on any given day. Id., ¶12.

96. Mr. Arau understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. Mr. Arau does not believe that anyone should have to fill out a form and provide it to a government official before they can access to his speech on the Internet. In addition, Mr. Arau believes that library patrons interested in his speech may be deterred from filling out this form because his work may be considered controversial, because of the stigma of filling out a form that seeks access to a site that violates the library's policy, because of the stigma of having to justify why they need access to the site, or because they need the information immediately. Id., ¶13.

97. Even if Mr. Arau could somehow continue to determine whether his speech is currently blocked from reaching patrons in Loudoun County, he has no way (absent this litigation) to challenge the blocking of his work. Mr. Arau lives in Los Angeles, and does not have the time to travel to the Loudoun County Library. Even if he could visit the library, since he is not a local resident he could not get the necessary library card to enable him to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶14.

98. Similarly, Mr. Arau has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents his speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to visit all of them continually to ensure that they are not blocking Mr. Arau's speech. Id., ¶15.

99. If public libraries around the country continue to use blocking software, Mr. Arau may be forced to self-censor in order to avoid being blocked in libraries. Mr. Arau believes that thousands of other visual artists who now display their work on the Internet may also be forced to self-censor. The use of blocking software in public libraries could severely harm the ability of these artists to communicate their work to library patrons. Id., ¶16.

Renaissance Transgender Association

100. Renaissance Transgender Association ("Renaissance") is a non-profit corporation which provides support to transgendered individuals and those close to them, and comprehensive public education about transgender behavior. Angela Gardner is the president of Renaissance, which has approximately 350 members, four chapters, and eleven affiliates in ten states. Renaissance is incorporated in Pennsylvania, and its principal place of business is in Wayne, Pennsylvania. Gardner Decl., ¶2.

101. Renaissance has a free site on the World Wide Web which provides information about the organization and its activities, educational material about transgender issues, and information about how to start a local support group. The Renaissance Web site is currently available at http://www.ren.org. Id., ¶3; Decl. Exs. 1 - 7.

102. Renaissance board members include Dr. William R. Stayton (a noted therapist and sex educator, and current president of the American Association of Sex Educators, Counselors, and Therapists); Phyllis Frye (Executive Director of the International Conference on Transgender Law and Employment); and Dr. Carol Cobb-Nettleton (Director of Clinical Training at the Lasata Center, lecturer in Human Sexuality at the University of Pennsylvania, and Clinical Sexuality Consultant at The Children's Hospital of Philadelphia). Gardner Decl., ¶4.

103. Transgendered individuals include transvestites (people who dress like the opposite sex) and transsexuals (people whose gender identity is the opposite of their physical gender, and who may or may not seek gender reassignment surgery). Renaissance provides resources targeted primarily to male-to-female transgendered people, but also provides a link to another Web site with information targeted to the female-to-male transgender population. Id., ¶5.

104. Transgendered individuals often experience feelings of isolation and guilt about their need to cross-dress or their desire to change their gender. Many transgendered people report that only after they became acquainted with other transgendered people did they begin to accept these conditions in themselves. The benefit of shared experiences often lead to understanding and acceptance, and may extend to the family members and friends of the transgendered. Id., ¶6.

105. The Renaissance Web site provides information about local support groups where individuals can find a safe space to learn about transgender behavior. The Web site provides detailed information about the activities of four chapters and eleven affiliates in ten states, including Pennsylvania, New Jersey, New York and Delaware. Id., ¶7.

106. In addition, the Renaissance Web site provides information about how to start, build, and maintain a local community transgender support group. This section of the site gives advice on how to reach other transgendered people in the community, where to look for a safe place to meet, how to minimize the possibility of outside harassment, and how to structure management of the group. Id., ¶8.

107. The Renaissance Web site also provides copies of several background papers on various transgender issues, including "Myths & Misconceptions about Crossdressers," "Reasons for Male to Female Crossdressing," "PARTNERS: Spouses and Significant Others," and "Telling the Children: A Transsexual's Point of View." The site also includes an annotated bibliography listing over fifty books of interest to the transgender community. Many of these books are available in libraries and bookstores across the country. Id., ¶9.

108. The Renaissance Web site also provides information on how to become a Renaissance member and how to subscribe to its print newsletter "Renaissance Transgender Community News," which includes articles on gender-related social, political and legal issues, and provides basic information about events within the transgender community. Id., ¶10.

109. Gardner believes that there is nothing in the Renaissance Web site that is obscene or otherwise constitutionally unprotected, and that the information on the site has educational, political and social value for both adults and minors. Id., ¶11.

110. Renaissance believes it is important that adults and minors have access to the Renaissance Web site. Studies of transgender behavior show that it usually begins in childhood, and can lead to isolation and alienation if the young person is unable to obtain reliable information about transgender behavior or to connect with supportive individuals and professionals. Id., ¶12.

111. Transgendered persons continue to suffer harassment as a result of social prejudice. Because of this, some people may prefer to access Renaissance's Web site at the public library to reduce the possibility that their online research may be tracked to them personally and to obtain privacy and anonymity that they may not have when accessing the Internet at home. Also, Renaissance believes that many people who do not have access to the Internet from their homes or offices should be able to access the Renaissance site from places like the public library where access to other Internet sites is provided for free. Id., ¶13.

112. Renaissance was advised that on February 2, 1998, Defendant blocked its Web site from reaching patrons in the Loudoun County Library through the use of the blocking software X-Stop. Renaissance does not know why its site was blocked. Renaissance was not advised by Defendant or X-Stop that its site was blocked. Id., ¶14.

113. Renaissance understands that on certain days since the instigation of this litigation, its Web site may have been available in the library. However, for several reasons, she is afraid that Defendant may block the Web site again in the future. First, the content of the site changes constantly, and often new pages are added with new URLs. Renaissance is afraid that this new but similar content will be blocked by X-Stop for the same reason X-Stop blocked the previous content. Second, Renaissance fears that the Library may switch blocking products to another blocking software that blocks its Web site. Finally, Renaissance fears that Defendant's decision to unblock the Web site may have been motivated by this lawsuit, and that absent a ruling in Renaissance's favor Defendant could block its site again. Id., ¶15.

114. Renaissance has no feasible way to determine whether a particular blocking software program blocks its speech. Renaissance understands that X-Stop's blocked site list, and the criteria for blocking sites, is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. It understands that X- Stop adds thousands of new URLs each week to its blocked site list. Renaissance is a non-profit corporation, and does not have the time or money to purchase all of the available blocking software products and to continually monitor them to determine whether its site is blocked on any given day. Id., ¶16.

115. Renaissance understands that the library staff makes available a "Request to Review Blocked Site" form for library patrons who think that an Internet site has been improperly blocked. Renaissance does not believe that anyone should have to fill out a form and provide it to a government official to get permission before they can access Renaissance's speech on the Internet. In addition, Renaissance believes that library patrons interested in the Renaissance Web site may be deterred from filling out this form because it contains controversial, sensitive and extremely personal information. Also, Renaissance believes that library patrons will be deterred because of the stigma of filling out a form that seeks access to a site that violates the library policy and because of the stigma of having to justify why they need access to the site. These deterrents are further amplified by existing prejudices against transgendered individuals. Id., ¶17.

116. Even if Renaissance could somehow continue to determine whether its Web site is currently blocked from reaching patrons in Loudoun County, it has no way (absent this litigation) to challenge the blocking of its site. Renaissance currently has no chapter in Virginia, and does not have the time or money to travel to the Loudoun County Library. Even if they could send someone to visit the library, he or she could not get the necessary library card to enable him or her to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶18.

117. Similarly, Renaissance has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents its speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to visit all of them continually to ensure that they are not blocking the Renaissance Web site. Id., ¶19.

118. If public libraries around the country continue to use blocking software, Renaissance may be forced to self-censor in order to avoid being blocked in libraries. Renaissance believes that thousands of other organizations who provide information on controversial subjects on the Internet may also be forced to self-censor. The use of blocking software in public libraries could severely harm the ability of these organizations to communicate their work to library patrons. Id., ¶20.

The Ethical Spectacle

119. Jonathan Wallace is a software business executive and attorney based in New York City, and he is also coauthor, with Mark Mangan, of the book Sex, Laws, and Cyberspace (1996), which received much critical praise and is widely available in libraries and book stores around the country. Wallace Decl., ¶2.

120. Wallace is also the founder, publisher and maintainer of The Ethical Spectacle. The Ethical Spectacle is a corporation that publishes a free online magazine called The Ethical Spectacle on the World Wide Web. The Ethical Spectacle is incorporated in New York and has its principal place of business in New York City. The Ethical Spectacle Web site is currently available at http://www.spectacle.org. Id., ¶3.

121. Wallace began publishing The Ethical Spectacle in January of 1995. The Ethical Spectacle, which is approximately 20-30 pages in length, examines controversial issues of ethics, law and politics in America (Decl. Ex. 1). The Ethical Spectacle includes articles written by Wallace on a variety of subjects, including several articles opposing the Communications Decency Act and celebrating the Supreme Court's decision striking it down; an article entitled "President Clinton Should Resign," which was written in response to the Monica Lewinsky controversy, and an article entitled "No More ?Murder Around the Edges'--Ban Landmines Now," which opposes the United States' failure to sign an international treaty banning the use of landmines. The Ethical Spectacle also includes articles written by others, including an article by Jamie McCarthy entitled "An Open Letter to a University About Hate Speech" and an article by Bob Wilson on welfare reform. Wallace Decl., ¶4.

122. The Ethical Spectacle also includes a permanent exhibit called "The Free Speech Museum," which is intended to serve as a permanent Internet resource on the freedom of speech. The exhibit includes a "free speech dictionary," which includes entries from "bomb recipes" to "flag burning" to "the seven dirty words;" a "gallery of indecency," which includes excerpts from famous works which were once accused of indecency or obscenity in the United States or elsewhere, but are now recognized to have significant literary, artistic, scientific or political value; and several essays on freedom of speech. Id., ¶5.

123. The Ethical Spectacle has also included a number of articles written by Wallace about the flaws in Internet blocking software, including "Purchase of Blocking Software by Public Libraries is Unconstitutional" (revised November 9, 1997) (Decl. Ex. 2), "Cyberpatrol: The Friendly Censor" (November 22, 1997) (Decl. Ex. 3), and "The X-Stop Files" (October 1997) (Decl. Ex. 4). His article "The X-Stop Files" discusses a number of Web sites blocked by the blocking software X-Stop, the blocking software used by Defendant. Wallace has exchanged several e-mail messages with Michael Bradshaw, the CEO of Log On Data Corporation, about "The X-Stop Files" article. Wallace Decl., ¶6.

124. The Ethical Spectacle has previously been blocked in whole or in part by the blocking software programs Bess, CyberSitter, and CyberPatrol. Some of these products have unblocked The Ethical Spectacle due to Wallace's articles and protests, which have received some press attention. Id., ¶7.

125. Wallace does not believe that any of The Ethical Spectacle's content is obscene or otherwise constitutionally unprotected. He believes that his speech has educational, political, literary , artistic and social value for both adults and minors. Wallace would like to communicate his speech to the widest possible audience, including those whose only access to the Internet is by way of public libraries, such as the Loudoun County Library. However, he is also aware, from personal experience, that many people wish to silence speech that is critical of the use of blocking software in public institutions. Of course, this group includes the very companies that produce the software and determine which Internet sites the public my or may not view. Id., ¶8.

126. Wallace was advised that on February 2, 1998, Defendant blocked The Ethical Spectacle from reaching patrons in the Loudoun County Library through the use of the blocking software X-Stop. He does not know why his site was blocked. Wallace was not advised by Defendant or X-Stop that his site was blocked. Id., ¶9.

127. Wallace understands that on certain days since the filing of this present lawsuit, The Ethical Spectacle Web site has been available at the library. However, he does not believe this indicates that constitutionally protected speech will not be blocked again in the future by Defendant. The Ethical Spectacle adds new articles monthly with new URLs. Wallace is afraid that the content of these new articles will cause X-Stop to block his Web site for the same reasons that X-Stop blocked the previous content of his Web site. Also, Wallace fears that if Defendant were to switch to a different blocking software that his site could again be blocked from library patrons. Lastly, Wallace believes that Defendant's decision to unblock his site was the result of the present lawsuit, and he fears that Defendant will block his site again in the future if it is not enjoined from doing so. Id., ¶10.

128. Wallace understands that X-Stop's blocked site list, and the criteria for blocking sites, is proprietary and is a trade secret of Log-On, and that many other blocking software programs also keep this information secret. He understands that X-Stop adds thousands of new URLs each week to its blocked site list. He provides his speech on the Internet for free, and he does not have the time to purchase all of the available blocking software products and to continually monitor them to determine whether his site is blocked on any given day. Id., ¶11.

129. Wallace understands that Defendant makes a "Request to Review Blocked Site" form available to library patrons who think that an Internet site has been improperly blocked. He does not, however, believe that anyone should have to fill out a form and provide it to a government official before they can access his speech on the Internet. In addition, he believes that library patrons interested in his speech may be deterred from filling out this form because his site contains controversial information, because of the stigma of filling out a form that seeks access to a site that violates the Policy, because of the stigma of having to justify why they need access to the site, or because they need the information immediately. Id., ¶12.

130. Even if Wallace could somehow continue to determine whether his speech is currently blocked from reaching patrons in Loudoun County, he has no way (absent this litigation) to challenge the blocking of his site. Wallace lives in New York City and does not have the time to travel to the Loudoun County Library. Even if he could visit the library, since Wallace is not a local resident he could not get the necessary library card to enable him to access the Internet at the library or to fill out the "Request to Review Blocked Site" form. Id., ¶13.

131. Wallace has no feasible way to monitor the thousands of other libraries around the country to determine whether they are using blocking software that prevents his speech from reaching interested patrons. Given the constraints of time and money and the great number of libraries in the United States, it would be impossible to visit all of them continually to ensure that they are not blocking his speech. Id., ¶14.

132. If public libraries around the country continue to use blocking software, Wallace does not know what steps he might take to avoid being blocked in libraries. Self- censoring his site would be antithetical to its purpose, and he does not believe that he or the thousands of other writers who now display their work on the Internet should be forced to self- censor. The use of blocking software in public libraries could severely harm his ability, and the ability of other writers, to communicate their ideas to library patrons. Id., ¶15.

133. For additional facts supporting the conclusion that Intervenors were blocked at Defendant's library, see section IV.A.6 below.

C. Defendant Is the Board of Trustees of the Loudoun County Public Library.

134. Defendant Board of Trustees of the Loudoun County Public Library is a governmental entity responsible for the oversight of the Loudoun County Public Library. Defendant's Answer to Intervenors' Complaint, ¶11.

II. THE NATURE OF THE INTERNET

A. Basic Facts About the Internet.

135. The Internet is a unique medium of worldwide communication. This medium, colloquially known to its users as cyberspace, is located in no particular geographical location, but is available to anyone, anywhere in the world with access to the requisite computer hardware, software and communications line. The Internet is an international network of interconnected computers which enables people to communicate with one another and to access vast amounts of information from around the world. Each computer on the Internet may be linked to smaller local networks, such as office networks, that may link several computers, or to individual computers that connect over conventional phone lines. Although the Internet originated with research funding provided by the Department of Defense and was then known as the ARPANET, the private sector took over control of maintaining the Internet on April, 1995. Welles Decl., ¶8.

136. The Internet presents comparatively low entry barriers to anyone who wishes to provide or distribute information. Unlike television, cable, radio, newspapers, magazines or books, the Internet provides the average citizen with an affordable means for communicating with a worldwide audience. Id., ¶9.

137. Any person with access to the Internet may retrieve information on almost any conceivable subject. The content on the Internet is as diverse as human thought. Any person who has access to the appropriate computer hardware ("servers") and software can publish information on the Internet. Id., ¶10.

138. The Internet is an information source and communication tool that is used by millions of users in numerous ways. Minors, for example, use the Internet to do school homework and to seek information about extracurricular interests and hobbies. Id., ¶11.

139. Other categories of communications over the Internet include the Internet Relay Communications ("CHAT") sector which allows individuals to communicate text in a real-time, multi-party mode; the USENET which consists of millions of individual documents and pictures; "GOPHER" servers; TELNET facilities that allow users to operate remote computers, email facilities for exchanging private electronic mail and Internet telephone facilities for low-cost verbal communications. Any of these forms of Internet communications are available to persons with access to the Internet, provided they install the appropriate software, referred to as "client" software. Id., ¶12.

140. The World Wide Web is the best known category of communications over the Internet. The Web allows users to search for and retrieve information stored in remote computers. In concrete terms, the Web consists of a vast number of documents stored in different computers all over the world. Links from one computer to another and from one document to another across the Internet, are what unify the Web and make it unique. Id., ¶13.

141. From the publishers' point of view, the Web constitutes a vast platform from which to address a worldwide audience of millions of readers, viewers, researchers, and buyers. Publishers include government agencies, educational institutions, commercial entities, advocacy groups, and individuals. Id., ¶14.

142. Many organizations now have "home pages" on the Web which provide text, graphics and hyperlinks designed to represent the organization, and through a hierarchy of hyperlinks, guide the user directly or indirectly to information about, or relevant to, that organization. Web publishing is simple enough that individual users and small community organizations with the requisite hardware, software and computer skills can and do publish their own Web pages. Id., ¶15.

143. Most Web documents contain hyperlinks. Typically the linked text is colored differently from other text or is underlined when displayed, and when selected by the user on the computer screen, the referenced document is automatically displayed, wherever on the World Wide Web it actually is stored. Id., ¶16.

B. Internet Addresses and Search Engines.

144. A variety of Web sites run programs known as "search engines" that allow users of the Web to search for particular information among a large number, but by no means all, of the sites that are part of the Web. Once a user has accessed the search service the user types a word or string of words as a search request and the search engine provides a list of pointers to other Web sites (URLs) that match the search string. Welles Decl., ¶17.

145. It is a simple matter to add a computer, anywhere in the world, to this network. All that is required is a wire, and an electronic address, called an "I.P. address". Id., ¶18.

146. The address of a page on a Web site, such as "http://www.yahoo.com/Reference/Codes/index.html", is not the I.P. address of the site. It is instead what is called the Universal Resource Locator (URL) of the site. The portion of the URL between the first slashes ("www.yahoo.com") is the name of the machine ("host name") that the Web site is on. It is also sometimes called the "domain name." The rest of the URL is the location and the filename of a document on the machine. "[H]ttp" which appears before the name of the machine refers to the HyperText Transfer Protocol that is a standard method for formatting and transmitting data used on the World Wide Web. "Html," which appears at the end of the full URL, is a part of the document filename which indicates it consists of information formatted with the type of software most frequently used to create and access Web pages. Id., ¶19.

147. Web sites are accessed using a form of software called a browser. The browser uses the Domain Name System (DNS) which provides the actual I.P. address of the machine (in this case, "204.71.200.75"). The browser then contacts the machine at that address and asks it for the document identified by the portion of the URL after the slashes ("Reference/Codes/index.html"). Id.

C. The Internet is Large, Growing Rapidly, and Changing Rapidly.

148. I.P. addresses currently consist of four sets of numbers separated by "dots." Each set of numbers can range from 0-255. Thus, there are 4.3 billion I.P. addresses available -- and thus room for about as many computers on the current Internet. The best estimates are that there are only about 25-30 million of these addresses in use. Welles Decl., ¶¶20, 34.

149. Recent surveys suggest that there are 122 million people who have access to the Internet and are thus "online." (http://www.nua.ie/surveys/how_many_online/index.html). Every person who uses a computer to "read" the Internet can use the same computer to "write" to it. This is the essential nature of a network -- it allows machines to speak to each other. Id., ¶21.

150. Large as it may be, the Internet is still growing. Netcraft, a company that tracks webserver usage, found over double the number of webservers in June 1998 than it did in June 1997 (http://www.netcraft.com/). There is no indication that this rate of growth is decreasing. In fact, current expectation is that the Internet will expand 1000% over the next few years. (J.M. Barrie and D.E. Presti, Science, (October 18, 1996)). Id., ¶22.

151. Based on a study that ran a long list of searches on each of the major search engines and compared the results, there were at least 320 million pages of material available on the World Wide Web. A Web page is not necessarily the same size as a page of commonly typewritten text. For example, Web pages can be a paragraph or a single photograph; they can also be the equivalent of hundreds of typewritten pages or photographs, or an entire book. They can also include audio and/or video. As of March 1997, the best published estimates had the size of the Web at 50 million pages. Id., ¶23.

152. The Web has shown almost a sixfold growth per year. Id.

153. None of the 320 million existing Web pages is permanent. Any Web page can be changed or removed or any time, by typing a few keystrokes or by turning off the webserver. Id., ¶24.

154. The founder of the Internet Archive project (which actually attempts to archive the entire Internet), Brewster Kahle, estimated that the average lifespan of a document on the World Wide Web is 75 days. (Brewster Kahle, "Archiving the Internet", Scientific American, March1997. Article also available at http://www.archive.org/sciam_article.html). Id., ¶25.

155. The Web site of the Associated Press had over 1,600 changes on it during the course the course of an average day. This is fairly high, as the nature of news is transitory and dynamic. Id., ¶26.

156. The 320 million pages on the World Wide Web contain a great deal of data. A single byte represents a single character of data -- such as the letter "a". A kilobyte represents 1024 bytes. The average Web page, according to Kahle, is on the order of 30 kilobyte. Extrapolating from this, the 320 million pages on the indexable Web represents 9,600,000,000 kb -- 9.6 billion kb. An average typed page contains approximately one kilobytes. Thus, the indexable Web, if printed on ordinary paper, would require 9.6 billion pages. Id., ¶27.

D. It Would Take A Very Long Time to Access All of the Material On the Internet.

157. The average 28.8 home modem can retrieve or "pull down" about 3 kilobytes per second. At that rate, it would take over 1,000 years to pull down a current snapshot of the Internet. After the first 75 days, much of it would have been removed or replaced however, so the millennium of effort would be wasted. Welles Decl., ¶28.

158. All data on the Internet has to pass through a common, congested backbone. In practice, the maximum sustained transfer speeds of data over the Internet are the order of 200-300 kilobytes/second, and rates are usually much slower. Id., ¶30.

E. Robots, Crawlers, and Other Software Programs Cannot Find All Sites On the Internet.

159. Commonly (and interchangeably) known as robots, spiders, or crawlers, there are software programs that wander the Web looking at documents. According to a Web page that authoritatively describes robots, robots are "a program that automatically traverses the Web's hypertext structure by retrieving a document, and recursively retrieving all documents that are referenced. . . . Web robots are sometimes referred to as Web Wanderers, Web Crawlers, or Spiders. These names are a bit misleading as they give the impression the software itself moves between sites like a virus; this not the case, a robot simply visits sites by requesting documents from them." (http://info.webcrawler.com/mak/projects/robots/faq.html). Various Web robots traverse the Web in various ways, but all use essentially the same technology. Robots look at pages on the Web, starting at a certain given point, and then following every link that they come across, storing certain information from every page they visit. Welles Decl., ¶38.

160. One of the most common methods of finding sites on the Web is to use a search engine. There are several leading search engines on the Internet (Lycos, AltaVista, Excite). A search engine user enters one or more words and the search engine identifies and lists all Web sites that reference the word(s) entered. Search engines generate their databases with robot program. Id., ¶39.

161. Robots can only examine sites they are told about, either through a link from another Web site that they examine, or by being explicitly programmed to look at a certain site. They act like a human being with a mouse, clicking on every available "link", and saving some subset of the text on the page they visit for later review. Id., ¶40.

162. There are several categories of Web sites that robots cannot read and therefore cannot add to any list or index. A robot cannot get a site that no other site links to -- a personal home page, for example, that is not on any of the search engines, if no one has created any "links" to it, and its author hasn't told any of them about it. Id., ¶41.

163. A robot cannot read a site that depends on user input. In this way, it is much like a human being with a mouse, but without a keyboard. For example, some sites begin with a search program similar to that provided by the search engines and require the user to insert a word or words for the search. A robot will not be able to feed in any terms to search for (and would have no idea what to search for). Other sites require registration; they provide a fill-in- the-blank form and ask the user to enter certain information before that user can have access to the site. The New York Times is an example of such a site. If a site requires registration, a robot will not be able to access it. If a site requires a username and password to get in, a robot will not be able to access it. Id., ¶42.

164. There is a limit to the frequency with which a robot can revisit a site. Thus, a robot cannot adequately read and index work with dynamic content. At the news site of the Associated Press (http://wire.ap.org), there are over 800 new stories added daily, and about as many removed. A robot visiting that site would find its index made obsolete in a matter of hours. Id., ¶43.

165. Even if a site is robot-readable, the operator of a Web site can program it to prevent the robot from being able to index all or part of its content. Id., ¶44.

166. Empirical evidence comparing the information available on the major search engines suggests that robots do not reach all sites and pages. The researchers at NEC, while guessing the size of the Web, found that there was very little overlap in pages that the search engines knew about. The best of them all, HotBot (http://www.hotbot.com), only knew about 34% of the total documents returned from all the sites. The worst, Lycos, knew only 3% of the total documents returned from all the sites. Id., ¶45.

F. It is Unlikely That An Internet User Would Inadvertently Come Across Sexually Explicit Material.

167. When a search is done for material using a search engine, there is an explanation of the content of each link that is identified as responsive and it is generally easy to identify those sites that may have sexually explicit content. Sehgal Decl., ¶¶75-76.

168. It would be highly unusual to come across a site with sexually explicit content without first having some warning that the site would be of that nature. Id., ¶75-76.

169. Unlike television, which pushes content out to the viewer, the World Wide Web is primarily a "pull" medium. Information is only displayed upon request - by either clicking on a link or typing in the name of the site one wishes to visit. This ensures that people get access to content which is relevant to them and, inversely, also ensures that people rarely view content that they have no interest in -- a person searching the Internet for information on astronomy would be very hard pressed to stumble upon "pornography." Welles Decl., ¶33.

III. DEFENDANT'S "POLICY ON INTERNET SEXUAL HARASSMENT"

A. Defendant's Internet Policy Provides That Sites Identified by a Vendor Called X-Stop Will Be Blocked to All Patrons, Both Adults and Minors, at the Library.

170. The Director of Library Services for Defendant library, Douglas Henderson, drafted a proposed library Internet policy in March or April, 1997. Ex. 3 (Henderson Dep., 6/10/98, at 35).

171. The policy drafted by Mr. Henderson in March or April, 1997 did not provide for blocking or filtering of Internet access. Id. at 32; Ex. 4 (Draft Loudoun County Public Library Policy, Mar/April 1997).

172. One Board member objected to Mr. Henderson's March or April, 1997 draft Internet policy saying "I'm certain the Board does not wish to use tax dollars to subsidize ?child pornography, bestiality, violence and Nazi images.'" Ex. 3 (Henderson Dep. at 51); Ex. 5 (Statement of Col. Richard H. Black).

173. Defendant's Internet Policy, adopted 10/20/97, is entitled "Policy on Sexual Harassment." Ex. 6 (Henderson Dep., 6/12/98, at 330); Ex. 7 (Policy on Internet Sexual Harassment (hereinafter "Policy")).

174. Defendant's Internet Policy provides that there shall be no access to e- mail, chat rooms, "and pornography." Id.

175. Defendant's Internet Policy provides that "site-blocking software (software that blocks by specific site, rather than by suspect word category) will be installed on all computers." Id.

176. Defendant's Internet Policy provides that the software will "to the extent technically feasible. . . a. block child pornography and obscene material (hard core pornography); b. block material deemed Harmful to Juveniles under applicable Virginia statutes and legal precedents (soft core pornography)." Id.

177. Defendant's Internet Policy does not specify the software product to be used. Mr. Henderson chose the X-Stop product now being used without consulting the Board and staff could change the product at any time. Ex. 6 (Henderson Dep., 6/12/98, at 264, 330); Ex. 7 (Policy).

178. Defendant's Internet Policy prohibits patrons from "access[ing] pornography." Ex. 6 (Henderson Dep., 6/12/98, at 330); Ex. 7 (Policy).

179. Defendant's Internet Policy requires Internet computers to "be installed in close proximity, and in full view of, library staff." Id.

180. Defendant's Internet Policy provides that if patrons access material in violation of the policy they "will be told they are violating the Policy. . . If they continue, they will be told to leave the library. If they refuse, they will be considered in trespass, and police may be called to remove them. Children's parents will also be notified unless the child obeys the first request to stop." Id.

181. Defendant's Internet Policy provides that "parents will be accorded the maximum control over children's access." Id.

182. Defendant's Internet Policy prohibits anyone under 18 from accessing the Internet at the library without his or her parent's permission. Id.

183. Defendant's Internet Policy does not permit a parent to allow his or her child unfiltered or unblocked access. Id.

184. With the exception of the parental permission requirement, Defendant's Internet policy treats adults and minors exactly the same. Id.

185. Defendant's Internet Policy does not address text and text should not be blocked or filtered. Ex. 3 (Henderson Dep., 6/10/98, at 121).

186. Under Defendant's Internet Policy, staff Internet access is not blocked. Ex. 3 (Henderson dep., 6/10/98, at 125-26); Ex. 6 (Henderson Dep., 6/12/98, at 371); Ex. 8 (Timmerman Dep. at 100-101).

B. The Library Has Offered Several Changing Justifications for the Policy.

187. Mr. Henderson thought that the policy he drafted in March or April of 1997, which did not provide for blocking or filtering of Internet access, was adequate to deal with Internet access in a library. Ex. 3 (Henderson Dep., 6/10/98, at 35).

188. Mr. Henderson and Cindy Timmerman, who is the System-Wide Service Manager most responsible for Internet policy, are opposed to the library's Internet policy. Id. at 36; Ex. 8 (Timmerman Dep. at 102).

189. Library administration have no problem with the fact that library staff have unfiltered access to the Internet. They need it to do research. Ex. 7 (Timmerman Dep. at 101-102).

190. Mr. Henderson obtained copies of Internet policies of many other libraries in Virginia and most provided for access that was closer to his original proposal, which did not provide for blocking or filtering, than to the policy adopted by the Board. Ex. 3 (Henderson Dep., 6/10/98, at 154).

191. Mr. Henderson believes that even without filtering, 99% of patrons will not come across material they do not wish to find and 99% are not looking for pornography. Ex. 6 (Henderson Dep., 6/12/98, at 574).

192. Defendant's Internet Policy was intended, in part, to minimize the risk of a violation of Title VII by blocking access to "pornography." Id. at 332, 334, 395; Ex. 7 (Policy).

193. Defendant's Internet Policy recites that "Permitting pornographic displays may constitute unlawful sex discrimination in violation of Title VII of the Civil Rights Act. Id.

194. Defendant's Internet Policy recites that "public access to such material [soft core pornography] could create an unlawful, sexually hostile environment, and might incite dangerous criminal misconduct." Id.

195. Defendant's Internet Policy would consider sexual harassment to be "someone bringing up very hard core pornography and making sure that everyone had a good opportunity to see that and making sure that people were aware that they were looking at that and tried to get people to look at it too . . . someone is looking at pornography on the screen and

. . .says . . . ?Come and look what I've got' . . . and tries to force that on someone . . .Or intentionally left it on there in such a way that my staff would have to look at it." Ex. 6 (Henderson Dep., 6/12/98, at 502-04).

196. Using his definition of sexual harassment, Mr. Henderson has never heard of an instance of sexual harassment in a library. Id. at 504-05.

197. Defendant's witness David Burt asked "several thousand, probably five thousand, maybe ten thousand" librarians for any instances of sexual harassment as a result of a library offering Internet access and not one librarian responded with a single example. Ex. 9 (Burt Dep. at 255); Ex. 10 (12/18/97 e-mail from Burt).

198. Defendant conducted no formal investigation to determine if full access to the Internet caused any problems. Ex. 11 (Czaplewski Dep. at 15-16, 53-56).

199. Defendant's Internet Policy requires Internet computers to "be installed in close proximity, and in full view of, library staff" in order to discourage "efforts to override the blocking software" and "provide patrons a secure environment against sexual harassment when using the Internet." Ex. 6 (Henderson Dep., 6/12/98, at 330); Ex. 7 (Policy).

200. Ex-officio library Board of Directors member James G. Burton believes the motive of those who passed the policy was to "implement censorship on a broader scale in the public libraries." Ex. 12 (Burton Dep. at 40).

201. It is possible to get around the requirement that a minor have his or her parent's permission before using the Loudoun library Internet access terminals. Ex. 6 (Henderson Dep., 6/12/98, at 578).

202. Defendant's Internet Policy is intended to block adults from access to material that is constitutionally protected for adults. Id. at 330; Ex. 7 (Policy); Ex. 13 (Def. Resp. to Pl. First Request for Admissions, ¶35).

203. Defendant's Internet Policy is intended to block access to speech that has not yet been found to violate any law by any court. Ex. 13 (Def. Resp. to Pl. First Request for Admissions, ¶31).

C. The Policy Is Implemented By Selecting X-Stop Which Blocks Based on Unclear Standards.

1. X-Stop Blocks Based on Unclear Standards.

204. X-Stop is produced by Log-On Data Corporation, a California company. Ex. 14 (Bradshaw Dep. 2/2/98); Ex. 15 (Printout from X-Stop Software).

205. In deciding whether to block a site or not, X-Stop uses more than two different people to make the final decision. Ex. 16 (Bradshaw Dep., 5/27/98, at 12).

206. X-Stop employees only review sites six days a week and during regular business hours. Id. at 13.

207. X-Stop employees that review sites to decide whether to place them on the list to be blocked have no special training. Ex. 14 (Bradshaw Dep., 2/2/98, at 51).

208. There is no precise formula to define material that the X-Stop's Librarian II product is intended to block. Ex. 16 (Bradshaw Dep., 5/27/98, at 34-36).

209. The Librarian II software is intended to block both textual descriptions and visual images. Id. at 18, 28, 40.

210. The Librarian II software is intended to block "genitalia" and "penetration." Id. at 14; Ex. 14 (Bradshaw Dep., 2/2/98, at 67).

211. X-Stop has no written criteria beyond "genitalia" and "penetration" to define what it calls XX material which the Librarian II software intends to block. Ex. 16 (Bradshaw Dep., 5/27/98, at 14).

212. Not all sites with images or descriptions of "genitalia" or "penetration" are intended to be blocked by the Librarian II software. Id. at 15, 29.

213. Librarian II does not intend to block sites unless they are "other than medical, instructional, educational, and all of those other adjectives that describe what [it] call[s] ?good sites.'" There are other adjectives that apply. Id. at 20-21; Ex. 14 (Bradshaw Dep., 2/2/98, at 111).

214. The head CEO of X-Stop's company, Log-On Data, was unable to say whether there were criteria other than "genitalia" or "penetration" that were intended to result in blocking as XX by Librarian II. Ex. 16 (Bradshaw Dep., 5/27/98, at 32).

215. The Librarian II software is intended to block XXX material as well. XXX material includes "child pornography," "bestiality," "dismemberment," "audio and video showing gang raping; cutting up parts of the body. Generally the most horrible things you can imagine." Id. at 33; Ex. 14 (Bradshaw Dep., 2/2/98, at 47).

216. Not all sites with images or descriptions that of "child pornography" or "bestiality" or "dismemberment" are intended to be blocked by the Librarian II software. Ex. 16 (Bradshaw Dep., 5/27/98, at 42).

217. The Librarian II does not purport to apply any legal test, whether obscenity, harmful to juveniles, or the civil rights acts, in determining what to block. Ex. 14 (Bradshaw Dep., 2/2/98, at 36-38, 158-61).

218. In some cases, Librarian II blocks entire domains even when some pages in the domain do not meet the blocking criteria. Ex. 16 (Bradshaw Dep., 5/27/98, at 56, 58).

2. Loudoun librarians Do Not Know Which Sites Have Been Blocked and Which Have Not and Admit the Standards By Which They Are Supposed to Make Unblocking Decisions Are Extremely Unclear, Subjective, and Inconsistent.

219. The library does not know the sites that are blocked by Librarian II. Ex. 16 (Bradshaw Dep., 5/27/98, at 47); Ex. 14 (Bradshaw Dep., 2/2/98, at 15); Ex. 6 (Henderson Dep., 6/12/98, at 364); Ex. 8 (Timmerman Dep. at 90-91).

220. The library does not know whether sites that are blocked are or would be illegal under Virginia law. Ex. 6 (Henderson Dep., 6/12/98, at 364).

221. The library does not know of any sites that are blocked that contain speech that has been judicially declared unprotected in Loudoun County. Ex. 13 (Def. Resp. to Pl. First Request for Admissions, ¶¶20, 22, 24, 26, 29, 30).

222. The list of sites blocked by Librarian II in the Loudoun libraries changes frequently and automatically. Ex. 16 (Bradshaw Dep., 5/27/98, at 47); Ex. 6 (Henderson Dep., 6/12/98, at 370); Ex. 17 (Keller Dep. at 92); Ex. 13 (Def. Resp. to Pl. First Request for Admissions, ¶12).

223. As of February 1998, Librarian II purported to add approximately 300 new blocked sites each day. Ex. 14 (Bradshaw Dep., 2/2/98, at 116).

224. The library does not take any steps itself to determine any sites that are blocked, but instead relies on any information it receives from others. Ex. 6 (Henderson Dep., 6/12/98, at 369-70); Ex. 8 (Timmerman Dep. at 91).

225. It would be administratively burdensome for the library to check to see if sites are inappropriately blocked. Ex. 6 (Henderson Dep., 6/12/98, at 490).

226. The library has not re-evaluated X-Stop since its installation. Id. at 491.

227. There is no information beyond the Policy itself that constitutes the criteria the library uses for unblocking specific sites. Id. at 344; Ex. 18 (Def. Answers to Pls' First Interrogs., Answer #3); Ex. 6 (Henderson Dep., 6/12/98, at 344); Ex. 8 (Timmerman Dep. at 94- 95).

228. Research librarians have been given no instructions or criteria on how to interpret the policy. Ex. 17 (Keller Dep. at 115).

229. Unblocking decisions at the library are made by the Director of Library Services Douglas Henderson, and System-Wide Service managers Cindy Timmerman and Mary Lou Demeo. Ex. 18 (Def. Answers to Pls' First Interrogatories, Answer #5); Ex. 3 (Henderson Dep., 6/10/98, at 29-30); Ex. 8 (Timmerman Dep. at 7).

230. Mr. Henderson would have a problem in deciding what community standards are. Ex. 3 (Henderson Dep., 6/10/98, at 212).

231. Under Defendant's Internet Policy, there will be times when Mr. Henderson or members of his staff will be required to determine if a particular patron's viewing of a particular image violated the policy, a task he finds a "problem," "extremely difficult," and a "weakness of the policy." Henderson believes it is "a very, very difficult policy. . . to implement and enforce." Ex. 6 (Henderson Dep., 6/12/98, at 335-38, 340, 354); Ex. 7 (Policy).

232. Defendant's Internet Policy requires staff to make "very subjective" judgments. Ex. 6 (Henderson Dep., 6/12/98, at 381).

233. Defendant Board intended to block using the Miller standards, but Mr. Henderson does not use the Miller standards because he can't without "some judicial review." Ex. 6 (Henderson Dep., 6/12/98, at 341-42); Ex. 7 (Policy).

234. The library reviewed a series of sites identified by their expert, Mr. David Burt. The library agreed that some sites had been blocked that should not have been and some sites had not been blocked that should have been, but disagreed with Mr. Burt on which sites fell into each category. Compare Ex. 19 (Attachment to Rpt. of Def. Expert Witness David Burt) with Ex. 20 (8/7/98 Memo from Timmerman).

235. Ms. Timmerman believes that material that is "harmful to juveniles" under the policy includes "something that depicts violence graphically." Ex. 8 (Timmerman Dep. at 90).

236. Library Board Member John Czaplewski does not know what the policy means when it refers to "sexually hostile environment." Ex. 11 (Czaplewski Dep. at 33).

237. Library Board Member John Czaplewski does not know what the policy means when it refers to "pornography." Id. at 34.

238. Research librarian Elizabeth Keller believes that the policy requires her to take into account the sensibilities of other patrons in deciding if someone is accessing material in violation of the policy, which she thinks makes "it difficult . . . to interpret." Ex. 17 (Keller Dep. at 114-15).

239. Whether something violates the policy or not depends on its context, but it is not clear what context should be considered when referring to Internet speech. Ex. 3 (Henderson Dep., 6/10/98, at 213).

D. The Library Implemented a Procedure that Requires Patrons to Fill Out a Form to Obtain Access to a Blocked Site that Does Not Violate the Policy. The Process of Reviewing the Sites Takes Days or Months and the Result Is Not Necessarily Communicated to the Patron.

240. Any patron who believes the library improperly blocked or unblocked a site can raise that matter with the staff and then the library board for decision. Ex. 6 (Henderson Dep., 6/12/98, at 363); Ex. 11 (Czaplewski Dep. at 29-30).

241. If a patron believes a site has been improperly blocked, the patron must fill out a library form that requires the date, the name of the site, the URL for the site, the reason for the patron's view that the site has been improperly blocked (with an admonition to "be specific"), the patron's name, the patron's bar code, and the patron's phone number. Ex. 21 (Request to Review Blocked Site Form).

242. Mr. Henderson set up this procedure because he knew that "overblocking would occur." Ex. 6 (Henderson Dep., 6/12/98, at 534-57); Ex. 17 (Keller Dep. at 75-77).

243. At times, librarians may look at the sites before sending the form to the main office or upon patron request. Ex. 6 (Henderson Dep., 6/12/98, at 377).

244. At least eleven patrons have completed forms to request that sites be unblocked. All the sites they identified have been unblocked. It took from one day to over two months for the requests to be honored. Ex. 22 (Attachment 1 to Def. Answers to Pls' First Interrogs.)

245. A patron of the library requested unblocking of a site at www.aauw.org on November 29, 1997. A patron of the library again requested unblocking of the site at www.aauw.org on December 1, 1997. This site was not unblocked until December 2, 1997. Ex. 18 (Def. Answers to Pls' First Interrogs., Answer #6); Ex. 22 (Attachment 1).

246. A patron of the library requested unblocking of a site at www.newhomesloudoun.com on December 2, 1997. This site was not unblocked until February 6, 1998. Id.

247. A patron of the library requested unblocking of a site at www.biology.yale.edu/GraduateProgram.html on December 6, 1997. This site was not unblocked until December 23, 1997. Id.

248. A patron of the library and library staff requested unblocking of a site at world.std.com/~slm/thisweek.html on January 13, 1998. This site was not unblocked until February 6, 1998. Id.

249. A patron of the library requested unblocking of a site at www.iuma.com in January, 1998. This site was not unblocked until January 22, 1998. Id.

250. A patron of the library requested unblocking of a site at www.a- romantic.com/beanie/header~1 on January 21, 1998. This site was "very innocuous." Ex. 6 (Henderson Dep., 6/12/98, at 523). This site was not unblocked until February 13, 1998. Ex. 22 (Attachment 1 to Def. Answers to Pls First Interrogs.).

251. At that time, library staff unblocked the entire site at www.a- romantic.com. This site did not contain any material that even arguably violated the library's policy. Ex. 18 (Def. Answers to Pls' First Interrogs., Answers ##9-10); Ex. 23 (2/6/98 Memo from Timmerman to Jackson).

252. A patron of the library requested unblocking of a site at www.townhall.com on February 1,1998. Ex. 22 (Attachment 1 to Def. Answers to Pls First Interrogs.); Sehgal Decl., ¶44. When the patron requested unblocking of that site, the librarian said, "There is no rhyme or reason to what gets blocked. They [X-Stop] blocked the American Association of University Women and the Quaker's homepage. I'll pass this on." Sehgal Decl., ¶45. This site was not unblocked until February 13, 1998. Ex. 22 (Attachment 1 to Def. Answers to Pls' First Interrogs.).

253. A patron of the library and staff requested unblocking of a site at www.engr.ukans.edu/!wakehamp on February 2,1998. This site was not unblocked until February 13, 1998. Id.

254. A patron of the library and staff requested unblocking of a site at www3.sympatico.ca/loki.sails/adv3.html on February 5,1998. This site was not unblocked until February 13, 1998. Id. At that time, library staff unblocked the entire site at www3.sympatico.ca. Ex. 18 (Def. Answers to Pls' First Interrogs., Answers ##9-10); Ex. 23 (2/6/98 Memo from Timmerman to Jackson).

255. A patron of the library and staff requested unblocking of a site at www.maxwell.com/tax/state-index.html on March 6,1998. Ex. 22 (Attachment 1 to Def. Answers to Pls First Interrogs.).

256. A patron of the library and staff requested unblocking of a site at www.state.ky.us/agencies/revenue/revhome.htm on March 6,1998. Id. This site provided tax forms for the state of Kentucky. Ex. 6 (Henderson Dep., 6/12/98, at 514).

257. None of the sites identified in ¶¶ 229- 240 contained any material that violated the library's policy and all contained constitutionally protected speech. Ex. 18 (Def. Answers to Pls' First Interrogs., Answers ##6-7).

258. Any patron who believes the library improperly blocked can raise that matter in court for a decision. During that time, the site will remain blocked. Ex. 6 (Henderson Dep., 6/12/98, at 382-83); Ex. 24 (Library Internet Procedures).

259. Library staff can unblock a site by two different methods. First, they can manually unblock a site on each of the Internet terminals at each of the libraries. Ex. 6 (Henderson Dep., 6/12/98, at 412); Ex. 25 (7/17/98 Memo from Henderson to Barbara Ecton). Second, they can ask X-Stop to unblock a site. Ex. 6 (Henderson Dep., 6/12/98, at 491).

260. In deciding whether to unblock or not, library staff do not view the entire site. Id. at 559.

261. A patron who requested unblocking would not automatically be told if the site was unblocked. Ex. 8 (Timmerman Dep., at 93-94).

F. The Policy As Implemented Violates Patron Privacy.

262. Internet access terminals have been placed near the reference desks but you cannot see the screen from most reference desks. Ex. 6 (Henderson Dep., 6/12/98, at 357).

263. Patrons can view the list of sites that prior patrons have accessed. Sehgal Decl., ¶7.

264. Privacy of library records is important and failure to provide privacy would inhibit use. Ex. 11 (Czaplewski Dep. at 42).

265. Patrons may read books without checking them out or providing any identification to the library. Id.

IV. DEFENDANT BLOCKS A GREAT NUMBER OF SITES THAT CONTAIN PROTECTED SPEECH AND FAILS TO BLOCK SITES THAT VIOLATE THE POLICY.

A. Well Over a Hundred Sites Have So Far Been Identified by Library Staff, Patrons, Intervenors, and Others That Were Blocked Even Though They Did Not Violate The Policy and Contained Constitutionally Protected Speech.

1. Defendant Admits that Blocking Software Inevitably Blocks Protected Speech.

266. Based on the library's experience, X-Stop cannot filter only legally obscene material and nothing else. Ex. 6 (Henderson Dep., 6/12/98, at 453); Ex. 8 (Timmerman Dep. at 38).

267. X-Stop blocks speech that patrons should have access to. Ex. 8 (Timmerman Dep. at 107).

268. All Internet filters/blockers overblock. "[P]retty much every filter that's been looked at and is used in libraries and has been evaluated has at one time been shown to block something that it shouldn't be blocking." Ex. 9 (Burt Dep. at 170).

269. In a "non-scientific" test, Defendant's witness Burt found that X-Stop blocked material it should not block. Id. at 217.

270. The library agrees that X-Stop blocked material it should not block. Ex. 20 (8/7/98 Memo from Timmerman).

271. The ex-officio member of the library Board of Trustees, James G. Burton, believes the library's policy restricts constitutionally protected speech. Ex. 9 (Burton Dep. at 32).

272. Filtering software is an inaccurate tool that censors valuable material that is central to a library's mission. Ex. 26 (Pls' Expert Witness Report of Karen Schneider, ¶14).

2. Library Staff Have Identified Sites that Are Blocked that Contain Protected Speech.

273. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.upbeat.com/family/LoveMe.html (a bilingual CD ROM to educate kids and teens about safe sex). Ex. 8 (Timmerman Dep. at 26); Ex. 27 (List of sites blocked by X-Stop).

274. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.condom.com/Condom/Country/how_to_use ("clearly not obscene"). Id.

275. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.ecn.org/gayrage/azione/ (a gay rights site). Id.

276. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.xq.com/cuav/index.html (Community United Against Violence, devoted to preventing hate violence directed at lesbians, gay men, bisexuals, and transgender persons). Id.

277. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://dspace.dial.pipex.com/town/parade/gf96/LASV.htm (a Latvian gay rights site). Id.

278. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.lesbian.org (a site promoting lesbian visibility that the library said "contains no pornographic material and is suitable for viewers of all ages"). Id.

279. Library staff believed the following site identified by Mr. Henderson from informal reports such as newspaper articles was improperly blocked by X-Stop: http://www.heritage.org (the Heritage Foundation, a conservative advocacy site). Id.

3. During the Library Staff's Only Test of X-Stop, Staff Identified Additional Sites with Protected Speech that Were Blocked.

280. Library staff performed a test of X-Stop in October/November, 1997, comparing it to five other products, before choosing it for the library. Ex. 18 (Def. Answers to Pls' First Interrogs., Answer #4); Ex. 6 (Henderson Dep., 6/12/98, at 484); Ex. 8 (Timmerman Dep. at 10).

281. The test utilized a protocol developed by Karen Schneider to attempt to answer certain questions that library patrons might ask and should be able to answer online. Ex. 8 (Timmerman Dep. at 17).

282. Ms. Schneider is recognized as an expert in the area of Internet filters. Id. at 97); Ex. 9 (Burt Dep. at 13).

283. Loudoun librarian Betty Keller performed the test of X-Stop. Ex. 8 (Timmerman Dep. at 12).

284. Without using X-Stop, Ms. Timmerman was able to answer all of the questions. Id. at 34-35.

285. With X-Stop running, Ms. Keller was not able to answer all of the questions. Id.; Ex. 27 (X-Stop Test Results).

286. As a result of the X-Stop test, Defendant asked X-Stop to unblock the National Journal of Sexual Orientation Law (http://sunsite.unc.edu/gaylaw). Ex. 18 (Def. Answers to Pls' First Interrogs., Answer #11).

287. As a result of the X-Stop test, Defendant asked X-Stop to unblock the American Association of University Women (http://www.aauw.org). Id.

288. James Barton, an ex-officio member of the library Board of Directors, found that the AAUW Web site was blocked at the Middleburg library. Ex. 12 (Burton Dep. at 58); Ex. 28 (Burton examples of sites blocked by X-Stop).

289. As a result of the X-Stop test, Defendant asked X-Stop to unblock Aids Quilt Info & Links (http://www.aidsquilt.org/aidsinfo/). Ex. 18 (Def. Answers to Pls. First Interrogs., Answer #11).

290. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site Index to Censorship (http://www.aolsucks.org/censor/tos). Id.

291. James Burton, the ex-officio member of the library Board of Directors found that this site, critical of AOL, was blocked at the Middleburg library. Ex. 12 (Burton Dep. at 58); Ex. 28 (Burton examples of sites blocked by X-Stop).

292. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Heritage Foundation Web site (http://www.heritage.org). Ex. 18 (Def. Answers to Pls. First Interrogs., Answer #11).

293. James Burton, the ex-officio member of the library Board of Directors, found that the Heritage Foundation home page was blocked at the Middleburg library. Ex. 12 (Burton Dep. at 58); Ex. 28 (Burton examples of sites blocked by X-Stop).

294. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of Fairness and Accuracy in Reporting (http://www.igc.org/fair/). Ex. 18 (Def. Answers to Pls. First Interrogs., Answer #11).

295. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of the Religious Society of Friends (http://www.quaker.org). Id.

296. James Burton, the ex-officio member of the library Board of Directors, found that the Quaker home page was blocked at the Middleburg library. Ex. 12 (Burton Dep. at 49-50).

297. As a result of the X-Stop test, Defendant asked X-Stop to unblock Lesbian Org: Resources for Lesbians (http://www.lesbian.org). Ex. 18 (Def. Answers to Pls. First Interrogs., Answer #11).

298. As a result of the X-Stop test, Defendant asked X-Stop to unblock Online Quality Resources Bookstore (http://www.quality.org/html/bookstore.html). Id.

299. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Safest Sex Home Page (http://www.upbeat.com/family/cool.htm). Id.

300. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of Coalition for Positive Sexuality (http://www.positive.org/cps/home/index.html). Id.

301. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of the Safer Sex Page (http://www.safersex.org/frontpage.html). Id.

302. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of Items the Censors Don't Want You to See (http://www.mit.edu:8001/activities/safe/notsee.html). Id.

303. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Abstinence, Virginity, Safest Sex Home Page (http://www.upbeat.com/family/cool.html). Id.

304. As a result of the X-Stop test, Defendant asked X-Stop to unblock Good Vibration Guide to Sex (http://www2.bianca.com/shack/goodvibemasturbate/healthy.com). Id.

305. As a result of the X-Stop test, Defendant asked X-Stop to unblock Nerd World: Sex Education and Safer Sex (http://www.nerdworld.com/nw1463.html). Id.

306. As a result of the X-Stop test, Defendant asked X-Stop to unblock Gay Wired Book Source - Classics (http://www.gaywired.com/gaybooks/classics.html). Id.

307. As a result of the X-Stop test, Defendant asked X-Stop to unblock Nerd World: Marijuana Initiative (http://www.nerdworld.com/nw5399.html). Id.

308. As a result of the X-Stop test, Defendant asked X-Stop to unblock Freedom of Expression: Censor Bait (http://www.mit.edu:8001/activities/safe/notsee.html). Id.

309. As a result of the X-Stop test, Defendant asked X-Stop to unblock Dear White Brothers and Sisters (http://www.ns88.bayside.net.revolution). Id.

310. As a result of the X-Stop test, Defendant asked X-Stop to unblock War Has Been Declared on Gooks (http://www.Korealink.com/public/general/7637.html). Id.

311. As a result of the X-Stop test, Defendant asked X-Stop to unblock Gallatin Writers Group (Perverse Consequences of the Nanny Site) (http://www.webcom.com/gallatin/GI.RW96 Hooters.html). Id.

312. As a result of the X-Stop test, Defendant asked X-Stop to unblock If You Love Me, Show Me! (http://www.upbeat.com/family/LoveMe.html). Id.

313. As a result of the X-Stop test, Defendant asked X-Stop to unblock How to Use a Condom (http://www.condom.com/Condom/Country/how_to_use). Id.

314. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of the National Gay and Lesbian Federation (http://www.ecn.org.gayrage.azione/). Id.

315. As a result of the X-Stop test, Defendant asked X-Stop to unblock the Web site of Community United Against Violence (http://www.xq.com/cuav/index.html). Id.

316. As a result of the X-Stop test, Defendant asked X-Stop to unblock Gays and Lesbians for Individual Liberty (http://clark.net/pub/ghoti/glil/). Id.

317. As a result of the X-Stop test, Defendant asked X-Stop to unblock Lesbian and Gay Rights in Latvia (http://dspace.dial.pipex.com/town/parade/gf96/LASV.htm). Id.

318. As a result of the X-Stop test, Defendant asked X-Stop to unblock Lesbian (http://www.lesbian.org). Id.

319. As a result of the X-Stop test, Defendant asked X-Stop to unblock Mail Order Brides (http://www.mailorderwives.com/UUU2.htm), (http://www.pacificcentury.com/)