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Brief History of the Children's Internet Protection Act:
The Children's Internet Protection Act (CIPA) and the Neighborhood
Children's Internet Protection Act (NCIPA) passed Congress in December of
2000. Both were part of a large federal appropriations measure (PL
106-554). The Federal Communications Commission released its regulations
for CIPA and NCIPA in April 5, 2001. In March 2001 several groups, including
the American Library Association (ALA) and the American Civil Liberties
Union (ACLU), filed suit to prevent the enforcement of CIPA's filtering
requirement in public libraries. A trial was held in March 2002 in federal
district court in Philadelphia. On May 31, 2002, the CIPA filtering mandate
for public libraries was declared unconstitutional on first amendment
grounds by the district court. The U.S. Justice Department appealed the
district court's decision to the U.S. Supreme Court. On June 23, 2003, the
Supreme Court announced its decision to overturn the May 2002 decision and
uphold the Children's Internet Protection Act (CIPA).
The two "pockets" of federal money that are affected by this legislation
are:
1) E-Rate (Universal Services)
<http://www.sl.universalservice.org/> and;
2) LSTA (Library Services & Technology Act
<http://www.imls.gov/about/abt_1996.htm>)
We expect to receive more concrete guidance from the legal experts at the
American Library Association, Universal Service Administrative Company and
Institute of Museum & Library Services. Until that time, we hope that the
information below will answer the basic questions.
When is compliance with CIPA necessary?
If your library receives E-Rate funds:
First, I encourage you to go to the Schools and Libraries
Division (SLD), a division of the Universal Services Administrative Company
(USAC), website to view the Eligible Services List.
<http://www.sl.universalservice.org/reference/eligible.asp> This list is
divided into 3 major categories: Telecommunications, Internet Access, and
Internal Connections. Services under Telecommunications are EXEMPT from
CIPA compliance. Example Telecommunications Services include basic phone
service, T-1, ISDN, Cable Modem, and DSL.
1) If your library receives the E-Rate discount on
Telecommunications Services ONLY, then NO compliance with CIPA is required.
2) If your library receives the E-Rate discount on even
one item or service under Internal Connections or Internet Access, then your
library MUST comply with CIPA.
If your library receives LSTA funds:
1) Your library must comply with CIPA if your library
uses LSTA money to purchase:
a. One or more PCs that will access the
Internet; or
b. Internet access (i.e. pay an
Internet Service Provider)
2) No compliance to CIPA is required if your library
uses LSTA funds for ANY other purpose.
What is CIPA compliance?
If your library uses the E-Rate or LSTA funds as described above in a manner
that requires compliance, then your library must:
1) Install a technology protection measure* (i.e.
filter) on every computer in the library with Internet access (public &
staff).
*a technology protection measure must "protect" users from visual
depictions - text is not covered.
2) Adopt and implement an Internet Safety Policy that
meets the minimum requirements as set forth in the Neighborhood Children's
Internet Protection Act (NCIPA)**
**NCIPA is a subtitle of CIPA
NCIPA requirements:
1) An Internet Safety Policy must address the following
items:
a. Access by minors to inappropriate matter on
the Internet and the Web;
b. The safety and security of minors when using
electronic mail, chat rooms, and other forms of direct electronic
communications;
c. Unauthorized access, including so-called
"hacking," and other unlawful activities by minors online;
d. Unauthorized disclosure, use, and
dissemination of personal identification information regarding minors; and
e. Measures designed to restrict minors' access
to materials harmful to minors.
2) The Internet Safety Policy must be adopted after
holding at least one public hearing or meeting. The law and the regulations
give libraries considerable flexibility in meeting the public hearing
mandate. The law says simply that libraries must "provide reasonable public
notice and hold at least one public hearing or meeting to address the
proposed Internet safety policy." Considering this general language, the
hearing can be part of a regular board meeting, assuming such a meeting
allows for public comments. Notices of such a meeting must comply with any
local or state open meeting laws. Be certain to document fully the public
meeting by keeping a copy of the notice, noting any actions taken, etc.
What is a technology protection measure?
Filtering or blocking technology restricts access to Internet content
through a variety of means. Two basic types of filters currently dominate
the market: filters that block content containing disapproved words (keyword
blocking) and filters that block access according to a list of disapproved
sites (site blocking). In either case, the filter manufacturer, in its own
way and according to its own standards, determines which words or sites will
be blocked.
More information:
E-Rate Central - dedicated to simplifying the E-Rate Program for Schools,
Libraries and Vendors:
<http://www.e-ratecentral.com>
The American Library Association
<http://www.ala.org/Template.cfm?Section=Issues_and_Advocacy>
The Universal Service Administrative Company (USAC) administers the
Universal Service Fund (USF), which provides communities across the country
with affordable telecommunication services.
<http://www.sl.universalservice.org/reference/>
Filtering & filtering software:
<http://www.tsl.state.tx.us/ld/pubs/filters/filtering.html>
For more information contact:
Marilyn Johnson
Manager, Continuing Education & Consulting
Texas State Library & Archives Commission
512 463-6624
[EMAIL PROTECTED]
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