to yor first NO but that is the law
To your second Yes however ther is legislation to protect the libraries from prosicution. They are not treated that samne as your home is. It was done for the purpose of making all information available to library users. This is a highly volital issue in the child preditor world where parents want protection from those who use the library to stalk ect. More than one atrticle has been public of librarians being fired for reporting that users are downloading kiddie porn on library computers.
Back to the first,,, i found that out when reporting a site to the FBI that was passing kiddie porn under the guise of unrelated file names. When the agent called me i offered to send them the file, he stopped me and told me that if i downloaded the file i was guilty of transfering kiddie stuff, and that as long as i only was in posession of the link to the file i would remain faullt free. That led into the liabilty of wireless users and security.
I'm willing to give you the benefit of the doubt, mostly since I am far from an expert in the law. However, I think this would be similar to charging a homeowner with drug trafficking when two kids step into their backyard and make a drug deal.