Michael A. Sims
738 E. 6th St. Apt 1C
New York, NY 10009
(212) 529-2748
jellicle@inch.com
Stephen Hess, Executive Director
Utah Education Network
Eccles Broadcast Center
101 Wasatch Drive
Salt Lake City, Utah 84112
April 20, 1998
Utah Government Records Access and Management Act Request
Dear Mr. Hess,
Pursuant to the Utah Government Records Access and Management Act
(title 63 section 2 of the Utah Code), I would like to request access
to and copies of certain records maintained by your organization,
specifically:
1) The "Acceptable Use Policy" which Utah requires to be signed by
parents and students before access to the internet is permitted (see
included news article);
2) The report prepared for the state Board of Education and mentioned
in a recent Associated Press story (see included news article);
3) Any and all computer log files of internet sites accessed through
your network during 1997 and 1998;
4) Any and all records of sites blocked from access during 1997 and
1998 by the SmartFilter program or any other internet filtering
program you may have installed;
5) Any and all log files referred to in a recent Associated Press
story (see included news article);
6) Any document or part of a document which concisely describes the
filtering policies now in place at any and all Utah schools,
libraries, or other institutions (describes which entities have
filtered access), to include the "categories" and settings which are
utilized on the filtering software for those entities (and describes
how that access is filtered);
7) Any document or part of a document which describes policies in
place at any and all Utah schools, libraries or other institutions to
override the default filter settings (methods for users to request
blocking or unblocking a particular site if the current software
settings have it unblocked or blocked);
8) Any document which may be characterized as a "report" on the
effectiveness, outcome, or any other aspect of the use of filtering
software;
9) Any document or part of a document which tallies the costs involved
in filtering network access, to include monies expended for software
and salaries for persons employed in whole or in part in managing the
filtering, or any other documents which show expenses or estimated
expenses involved in providing filtered internet access;
10) Any document which orders the Utah Education Network to provide
filtered internet access (instructions or mandates in any form from a
higher governmental agency).
As provided in title 63, section 2, paragraph 203 of the Utah Code,
"A governmental entity may charge a reasonable fee to cover the
governmental entity's actual cost of duplicating a record." I agree
to pay reasonable duplication fees for the processing of this request
in an amount not to exceed $50.00. Please notify me prior to your
incurring any expenses in excess of that amount.
I understand that some or all of these files may be maintained in an
electronic format. Any of the following formats will be acceptable
for fulfillment of this request:
--plain-text file(s) sent by email to jellicle@inch.com
--plain-text file(s) on 3.5" diskette(s) mailed to my address above
--plain-text file(s) made available for me to download from an
internet-connected http or ftp server
--file(s) compressed using the ZIP format and made available by one
of the above methods
--file(s) stored in Microsoft Word or Corel WordPerfect format and
made available by one of the above methods
Other electronic formats may also be acceptable. Please contact me
if necessary.
For any files which exist in electronic formats, no
duplication/conversion of the file(s) to a paper format is necessary
or desired.
If my request is denied in whole or in part, I ask that you justify
all deletions by specific reference to the Utah Code. I will also
expect you to release all segregable portions of otherwise exempt
material.
As I am making this request as a scholar and journalist, and this
information is of timely value, I would appreciate your communicating
with me by telephone [at (212) 529-2748] or email [at
jellicle@inch.com] rather than by mail, if you have questions
regarding this request. I will be happy to clarify any of the
requests above or to coordinate with you on a method for receiving
the information I've requested. I look forward to your reply within
ten business days, as the Code requires.
Thank you for your assistance.
Michael Sims
on behalf of The Censorware Project:
Seth Finkelstein
Bennett Haselton
Jamie McCarthy
James S. Tyre, Esq.
Jonathan Wallace, Esq.
and
David Smith
encl: Cable News Network story (from the Associated Press) dated April
17, 1998, "Logs show student access to prohibited sites blocked by filters"