Bradburn et al v. North Central Regional Library District

Filing 33

DECLARATION by Barbara Walters in Support re 28 MOTION for Summary Judgment filed by North Central Regional Library District. (Attachments: # 1 Exhibit Exhibits A-C, Pages 7-22)(Adams, Thomas)

Bradburn et al v. North Central Regional Library District

Doc. 33

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The Honorable Edward F. Shea
Thomas D. Adams

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3 Celeste Mountain Monroe

4 KARR TUTTLE CAMPBELL
5 1201 Third Avenue, Suite 2900

Seattle, Washington 98101-3028

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7 Attorneys for North Central Regional Library District
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE

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SARAH BRADBURN, PEARL

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CHERRNGTON, CHARLES
HEINLEN, and THE SECOND

AMENDMENT FOUNATION,
Plaintiffs,
v.

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) ) ) NO. CV-06-327-EFS ) ) DECLARATION OF BARBARA ) WALTERS
) )

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NORTH CENTRAL REGIONAL LIBRARY DISTRICT,

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Defendant.

) ) ) ) )

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I, Barbara Walters, declare as follows:

DECLARATION OF BARBARA WALTERS - 1
CV-06-327-EFS
#657876 v i /42703-00 i

La1\ Ofjìces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
12111 Third A,.cnuc, SuiIe i~llii. Scaiilc, Washingtun 981111-31128 Tclciihonc (2116) 223-1313, F;icsimilc (2U6) 6Hi~ 71011

Dockets.Justia.com

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1. I am over the age of 18 and competent to testify to the matters set

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forth herein.
2. I am currently employed by North Central Regional Library as the

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Information Technology Manager.
3. NCRL purchased its original Internet filter in December 2000.
4. The original filter was referred to as "BESS."

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5. Washington State Library statistics for 2005, indicate that 16 out of
47 library systems with filters reported they were using a form of

BESS, or 34%.
the above-referenced statistics.)

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(Attached as Ex. A is a true and correct copy of

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6. BESS was the operative filter at the time of

the incidents giving rise

to the current litigation.

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7. In October 2006, BESS was replaced with a new filter called
F ortiguard, which is manufactured by F ortinet.
8. The replacement was part of a global upgrade to the computer

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cataloguing system and Wide Area Network (WAN). Fortinets Fortiguard Web

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Filtering technology allows NCRL to control access to Internet content via
banned word lists, UR block lists, UR exemption lists, web threat blocks such
as spam URL'S, and category blocks such as pornography. Before the switch to

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Fortiguard, NCRL did not have control over making filter changes. With
DECLARATION OF BARBARA WALTERS - 2
CV -06-327-EFS

La1\ Ofjìce.i'

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
1201 Third Avenue, Suite 2900. SCillllc, Wilshington 981111-3028 Tclc)ihonc (20G) 223-1313, Facsimile (lOG) 682-71011

#657876 vI /42703-001

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F ortiguard and the F ortinet F ortimanager, changes to the filter happen
simultaneously at all NCRL branches.
8. The following categories are blocked under NCRL's current

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filtering profile: (1) hacking; (2) proxy avoidance; (3) phishing; (4) malware; (5)

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spyware; (6) gambling; (7) adult materials; (8) nudity/risqué; (9) pornography;

(10) webchat; (11) instant messaging. The following classifications are also
blocked: image search, video search; and spam UR. (Attached as Ex. B is an
NCRL document detailing our current filtering profile.)
9. The above-referenced categories and classifications are defined by

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Fortinet as follows:

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. Hacking - Website that depict ilicit activities surrounding the unauthorized modification or access to programs, computers,
equipment and websites;

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. Proxy Avoidance - Websites that provide information or tools on how to bypass Internet access controls and browse the Web anonymously, includes anonymous proxy servers
. Phishing- Counterfeit web pages that duplicate legitimate business

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web pages for the purpose of eliciting financial, personal or other private information from the users . Malware - Sites that are infected with destructive or malicious software, specifically designed to damage, disrupt, attack or manipulate computer systems without the user's consent, such as a
virus or Troj an horse.

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. Spyware - Sites that host software that is covertly downloaded to a user's machine to collect information and monitor user activity, including spyware, adware, etc.
DECLARATION OF BARBARA WALTERS - 3
CV -06-327-EFS #657876 v i /42703-00 i

Lmi' Ofjìces

KARR TUTTLE CAMPBELL
A Professional Sen'ÎCe Corporafion
12(1) Thin) A,'cnuc, Suile 2900, SC~i.llc. WĦlsliing111n 98111i~J1I28 Tclciihonc (2116) 22J~i31J, Facsimile (2116) 6S2-71UO