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Home :: LDB :: E-Rate :: ufilter
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Filtering Legislation
Children's Internet
Protection Act (CIPA)
Further E-Rate Guidance on
CIPA from E-Rate Central:As a result of this
ruling, we expect CIPA E-rate guidance to be forthcoming
from the SLD next week. Since the CIPA certifications
in the Form 486 refer only generally to CIPA compliance
- not specifically to filters and Internet safety policies
- our early guess is that the FCC and SLD will conclude
that no changes must be made to existing forms and filing
deadlines. The FCC will only need to clarify that "CIPA
compliance" for libraries does not include filtering.
Pending further instructions from the
SLD, we would recommend the following:
Libraries, planning not to filter their Internet services,
should temporarily delay filing Form 486s for FY 2002
funding. Since the earliest possible deadline for filing
Form 486s is October 29, 2002, there is no reason to
file until additional guidance is provided by the SLD.
(06/03/02)
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CIPA Filtering
Provisions Overturned: Stating that "we are
constrained to conclude that the library plaintiffs
must prevail in their contention that CIPA requires
them to violate the First Amendment rights of their
patrons..." the three-judge panel sitting in the
Eastern District of Pennsylvania ruled Sections
1712(a)(2) and 1721(b) of the Children's Internet
Protection Act to be facially invalid under the
First Amendment and permanently enjoined the government
from enforcing those provisions. See the
opinion online. The case will go next to the
US Supreme Court; it will be put on the court calendar
in October.
Note that the provisions
of the Neighborhood
Children's Internet Protection Act, the part
of CIPA requiring a public hearing and an Internet
Use Policy that covers certain topics, was never
part of the lawsuit and are still in force. Libraries
that filed for E-Rate, for Internal Connections
and Internet Access in Year 5 (FY2002), need to
have had the hearing and have the policy in place
by June 30, 2002. See the Sample
Internet Use Policy for ideas. (05/31/02)
For further information
regarding CIPA go to ALA's CIPA
web site. Information on these pages will be
updated often - please check frequently for new
developments.
State Filtering
Bills
Corodemus Bill
Lives Again: Assemblyman Corodemus has reintroduced
his bill as A.1372. It is assigned to the Assembly
Education Committee. summary
| full text (05/31/02)
Background:
Congress passed
the Children's Internet Protection
Act (CIPA) and the Neighborhood Internet Protection
Act (NCIPA) as part of a major spending bill (H.R.
4577) on December 15, 2000. The President signed the
bill into law on December 21, 2000 (Public Law 106-554).
The Acts place restrictions on the use of funding
that is available through the Library Services and
Technology Act, Title III of the Elementary and Secondary
Education Act, and on the Universal Service discount
program known as the E-rate. These restrictions take
the form of requirements for Internet safety policies
and technology which blocks or filters certain material
from being accessed through the Internet. The law
became effective on April 20, 2001.
-- ALAWON, Vol 10
# 3, Jan, 23, 2001.
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Last updated: June 3,
2002.
Comments to: Kathleen Moeller-Peiffer, E-Rate Coordinator |
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