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1996 SESSION

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CHAPTER 382 An Act to amend the Code of Virginia by adding in Title 2.1 a chapter numbered 52, consisting of sections numbered 2.1-804 through 2.1-806, relating to government-owned computers; restrictions on access to materials with sexually explicit content. [H 7] Approved March 31, 1996

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 2.1 a chapter numbered 52, consisting of sections numbered 2.1-804 through 2.1-806, as follows:

CHAPTER 52. RESTRICTIONS ON STATE EMPLOYEE ACCESS TO INFORMATION INFRASTRUCTURE.

§ 2.1-804. Definitions.

For the purpose of this chapter:

"Agency" means any agency, authority, board, department, division, commission, institution, institution of higher education, bureau, or like governmental entity of the Commonwealth, except the Department of State Police.

"Information infrastructure" means telecommunications, cable, and computer networks and includes the Internet, the World Wide Web, Usenet, bulletin board systems, on-line systems, and telephone networks.

"Sexually explicit content" means (i) any description of or (ii) any picture, photograph, drawing, motion picture film, digital image or similar visual representation depicting sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, coprophilia, urophilia, or fetishism.

§ 2.1-805. Restriction on agency employee access via computers to materials with sexually explicit content.

Except to the extent required in conjunction with a bona fide, agency-approved research project or other agency-approved undertaking, no agency employee shall utilize agency-owned or agency-leased computer equipment to access, download, print or store any information infrastructure files or services having sexually explicit content. Such agency approvals shall be given in writing by agency heads, and any such approvals shall be available to the public under the provisions of the Virginia Freedom of Information Act (§ 2.1-340 et seq.) of Title 2.1.

§ 2.1-806. Agencies to inform employees of chapter's provisions.

All agencies shall immediately furnish their current employees copies of this chapter's provisions, and shall furnish all new employees copies of this chapter concurrent with authorizing them to use agency computers.