Internet Filtering Requirements:CIPA and PA 212 - PDF document

Internet Filtering Requirements:CIPA and
Internet Filtering Requirements:CIPA and PA 212Background on CIPACIPA = Children’s Internet Protection ActSigned into law December 21, 2000 as part of a larger spending packageConsolidated Appropriations Act, 2001; PL 106554, Sectio

ns 1701Went into effect July 1, 2001Bac
ns 1701Went into effect July 1, 2001Background on CIPA 1Establishes policy requirements for federal technology funding for K12 schools and public libraries:rate (Telecommunications Act of 1996)Library Services & Technology Act (LSTA)Title III of

Elementary & Secondary Education Act (E
Elementary & Secondary Education Act (ESEA)Background on CIPA 2Special provisions for Erate users:Does NOT apply to telecomonly fundingMust meet additional Internet safety policy requirements under Neighborhood Children’s Internet Protecti

on Act (NCIPA)CIPA addresses the filteri
on Act (NCIPA)CIPA addresses the filtering requirement and the need for an Internet Safety PolicyCIPA focuses on what has to be included in a school or library Internet safety policyCIPA RequirementsRequires adoption and implementation of an

47;Internet Safety Policy”For all L
47;Internet Safety Policy”For all LSTA, ESEA, and Erate fund applicants, means operation of a “technology protection measure” that blocks or filters Internet access to visual depictionsthat are:CIPA Requirements 1ObsceneChild porn

ographyHarmful to minorsMinor = An indi
ographyHarmful to minorsMinor = An individualwho has not attainedthe age of 17CIPA Requirements 2For Erate fund applicants only, requires other safety and security measures for minors (as called for in NCIPA) re:mailChat roomsOther direct elect

ronic communications (e.g., Instant Mess
ronic communications (e.g., Instant Messaging)“Hacking” and other unlawful online activitiesUnauthorized disclosure of personal ID info on minorsCIPA Requirements 3For schools applying for Erate funds, also requires that the Internet S

afety Policy include monitoring the onli
afety Policy include monitoring the online activities of minorsNote: 1) Librariesare required to monitor the activities of minors; 2) CIPA and NCIPA require schools or libraries to trackInternet use by identifiable usersCIPA Requirements 4Req

uires public hearing or meeting on the I
uires public hearing or meeting on the Internet Safety PolicyMust provide reasonable public notice for the hearing or meeting Disabling of filtering is allowed:For authorized adultuse for “bona fide research or other lawful purposes”Ba

ckground on PA 212PA 212 went into effec
ckground on PA 212PA 212 went into effect in Michigan on October 1, 2000It amended PA 37 that went into effect August 1, 1999PA 37 amended PA 7 that went into effect February 6, 1998PA 7 amended PA 455 (1982) PA 212Focus is on minors only, adu

lts•Amended section 6 of MCL 397.
lts•Amended section 6 of MCL 397.606 as added by PA 37 requiring the governing body of the library to adopt and require enforcement of a policy that restricts access to minorsto the Internetor computer systems in 1 of the following ways:

PA (a) Bothof the following:–(i
PA (a) Bothof the following:–(i) By making available, to individuals of any age, 1 or more terminals that are restrictedfrom receiving obscene matter or sexually explicit matter that is harmful to minors; AND–(ii) By reserving,

to individuals 18 years of age or older
to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are NOT restrictedfrom receiving any material.PA OR(b) By utilizing a system or method that is designed to prevent a

minor from viewing obscene matter or sex
minor from viewing obscene matter or sexually explicit matter that is harmful to minors.Possibilities:Internet filteringMonitoringPA In Michigan, you mustcomply with PA 212 whether or not you apply for Erate funds.CIPA andPA 212 Compliance?

CIPA requires that adultsalso be protect
CIPA requires that adultsalso be protected from viewing visual depictions that are obscene or child pornography, PA 212 does not; ) CIPA does notrequire that verbal or performance material be blocked from minors or adults whereas PA 212 doesHow

Do I Certify?Year 5Certification will be
Do I Certify?Year 5Certification will be made on Form 486 (July 2001 version)Must be fully in compliance by July 1, 2002 to be eligible for funding (unless have obtained a waiver)What If I Choose NOT to Implement CIPA?You are still eligible to r

eceive universal discounts on telecommun
eceive universal discounts on telecommunications servicesSimply file a Form 486 for your telecommunications discounts with the box for “CIPA does not apply” checkedLSTA Funding IssuesFY 2002 competitive grant program is subject to CI

PA complianceIn FY 2003, libraries will
PA complianceIn FY 2003, libraries will need to assure the IMLS* that LSTA funds will be used in accordance with CIPA requirements*Institute of Museum and Library ServicesWhat the FCC Rules Don’t Requirerate applicants do not have tocerti

fy the effectiveness of their filteringt
fy the effectiveness of their filteringtrack attempts to access prohibited materialfurther define prohibited material or actionsestablish specific provisions to disable protection measures for lawful researchpost actual CIPA requirementspost text

of their Internet safety policiesCourt
of their Internet safety policiesCourt ActionsALA and ACLU lawsuits challenge the applicability of CIPA to librariesMay 15, 2001 ruling in U.S. District Court requires libraries to indicate in PY4 that they are “evaluating their options

48;Fullblown trial tentatively scheduled
48;Fullblown trial tentatively scheduled for February 14, 2002AdviceSchools, school districts, libraries and library consortia should seek the advice of legal counsel in an attempt to ensure that their actions are in compliance with the letter