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Here is a response from the President of ALA about CIPA.
FYI,
Amanda at CTLS
NEWSFor Immediate Release July 25, 2003 Contact: Mark Gould, PIO
Director312-280-5042
CIPA Decision/Response: A statement from ALA President Carla D. Hayden
and the ALA Executive Board
July 25, 2003
The American Library Association (ALA) has a long-standing commitment to
ensuring access to information for all. It advocates for a free and open
information society and for equitable access to knowledge and
information resources in all formats for all people.
In December 2000, Congress passed an appropriations bill that included a
requirement that any library receiving federal E-Rate or Library
Services and Technology Act (LSTA) funds would be required to filter all
of its Internet terminals. Because filtering blocks access to
constitutionally protected speech, the Children's Internet Protection
Act (CIPA) provisions were challenged by ALA, and in May 2002, a
district court in Philadelphia unanimously ruled that the requirement
violated the first amendment rights of library users. The government
appealed this decision, and on June 23, 2003, the U.S. Supreme Court
reversed the lower court decision (United States v. American Library
Ass'n. Inc.). The Supreme Court ruled that the:
. First Amendment does not prohibit Congress from forcing public
libraries - as a condition of receiving federal funding - to use
software filters to control what patrons and staff access online via
library computers.
While ALA did not prevail in having the law declared unconstitutional,
the association's efforts yielded important and tangible benefits to
libraries and library users, in that the Justices also ruled that:
. The law is constitutional only if the mandated filters can be readily
disabled upon the request of adult library users. Users do not have to
explain why they are making the request.
In the wake of the CIPA decision, the priorities of the association are
to:
. Provide libraries with authoritative information regarding their
choices and CIPA requirements, as they evaluate options and make
decisions regarding the new legal requirements.
. Work to minimize the negative impact of CIPA on the users of libraries
that decide to continue to receive federal funds and comply with the
provisions of CIPA.
. Continue to seek to protect the First Amendment rights of library
users, in accordance with policies established by the American Library
Association.
In order to accomplish these goals, a variety of long and short-term
efforts will be pursued by ALA, its committees, divisions and offices.
These activities include:
. Providing information on options available to libraries, including the
choice of either applying or not applying for federal funds subject to
CIPA provisions,
. Providing up-to-date, accurate information on the Federal
Communications Commission and the Institute for Museum and Library
Services regulatory processes as the law is implemented by these
agencies,
. Working to inform and affect the regulatory process to ensure that
users receive unfiltered Internet access upon request through the
disabling of filtering software,
. Working with libraries to ensure that Internet filter disabling is
readily available to all adult library users as specified in the Supreme
Court decision,
. Identifying technological options that place a minimum burden on
libraries that receive federal funds subject to the CIPA requirements,
. Continuing to develop and promote alternatives to filtering, including
the education of parents and children and the development of
'child-friendly' sites,
. Continuing to inform and educate the public and media about issues
related to Internet filtering and safety in public libraries,
. Gathering and making available information and research on the impact
of CIPA and filtering on libraries and library users, including
information and research on filtering software and evaluative
information for libraries selecting and using filtering software,
. Creating a Web-based resource of informational data and anecdotal
stories on CIPA and its impact,
. Making the public aware of the negative impacts of CIPA, including
imposing an unfunded Federal mandate on libraries, impeding the public's
access to constitutionally protected material, and exacerbating the
'digital divide' by disproportionately affecting less affluent
communities, minorities, children, and other disadvantaged groups,
. Monitoring and maintaining up-to-date information on any legal actions
that arise as a result of CIPA, including any lawsuits filed against
libraries, and
. Advocating with legislators to prevent further infringements upon the
First Amendment rights of library users, including any additional
federal and state filtering legislation, and, ultimately, to reverse
existing infringements.
As the association moves forward with these activities, we will post
information on the ALA Web site: www.ala.org/cipa. Working with the
library community, we will continue to explore ways to minimize the
impact of the CIPA decision on libraries and to advocate for the
public's right to access constitutionally protected speech.
To begin this process, ALA President Carla D. Hayden is convening a
meeting of key member leaders and staff to discuss implementation of the
activities outlined above and to develop a more detailed plan for
responding to the decision over the coming year. The meeting will be
held on August 23, 2003, in Chicago.
