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-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Beverley Shirley Sent: Friday, June 27, 2003 7:51 AM To: '[EMAIL PROTECTED]' Subject: FW: Children's Internet Protection Act TexShare member libraries - I'm sure you have all read about the recent Supreme Court decision regarding filtering of library computers. Those who would like to review the opinion may refer to the supreme court site at http://www.supremecourtus.gov/ Appended is an excellent analysis of what the decision means to Texas libraries. The contact for additional questions is Marilyn Johnson (contact information at the end.) Beverley Shirley, Division Director Library Resource Sharing Texas State Library and Archives Commission (512) 463-5433 FAX (512) 936-2306 [EMAIL PROTECTED] -----Original Message----- From: Marilyn Johnson [mailto:[EMAIL PROTECTED] Sent: Tuesday, June 24, 2003 1:03 PM To: 'Syscon-Tx (E-mail) Subject: Children's Internet Protection Act 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] --------------------------------------------- To unsubscribe, send to [EMAIL PROTECTED] Include in body: unsubscribe ctls-l For information on CTLS-L please visit: http://www.ctls.net/document/ctls-l.htm
