490:, concluded two points. First, "Because public libraries' use of Internet filtering software does not violate their patrons' First Amendment rights, CIPA does not induce libraries to violate the Constitution, and is a valid exercise of Congress' spending power". The argument goes that, because of the immense amount of information available online and how quickly it changes, libraries cannot separate items individually to exclude, and blocking entire websites can often lead to an exclusion of valuable information. Therefore, it is reasonable for public libraries to restrict access to certain categories of content. Secondly, "CIPA does not impose an unconstitutional condition on libraries that receive E-Rate and LSTA subsidies by requiring them, as a condition on that receipt, to surrender their First Amendment right to provide the public with access to constitutionally protected speech". The argument here is that, the government can offer public funds to help institutions fulfill their roles, as in the case of libraries providing access to information. The Justices cited
418:
said that libraries would be required to adopt an
Internet use policy providing for unblocking the Internet for adult users, without a requirement that the library inquire into the user's reasons for disabling the filter. Justice Rehnquist stated "ssuming that such erroneous blocking presents constitutional difficulties, any such concerns are dispelled by the ease with which patrons may have the filtering software disabled. When a patron encounters a blocked site, he need only ask a librarian to unblock it or (at least in the case of adults) disable the filter". This effectively puts the decision of what constitutes "bona fide research" in the hands of the adult asking to have the filter disabled. The U.S.
49:
530:(CoSN) urging Congress to update CIPA terms in hopes of regulating, not abolishing, students' access to social networking and chat rooms. Neither ISTE nor CoSN wish to ban these online communication outlets entirely however, as they believe the "Internet contains valuable content, collaboration and communication opportunities that can and do materially contribute to a student's academic growth and preparation for the workforce".
459:. In a 200-page decision, the judges wrote that "in view of the severe limitations of filtering technology and the existence of these less restrictive alternatives , we conclude that it is not possible for a public library to comply with CIPA without blocking a very substantial amount of constitutionally protected speech, in violation of the First Amendment". 201 F.Supp.2d 401, 490 (2002).
440:(ALA) voted to challenge CIPA, on the grounds that the law required libraries to unconstitutionally block access to constitutionally protected information on the Internet. It charged first that, because CIPA's enforcement mechanism involved removing federal funds intended to assist disadvantaged facilities, "CIPA runs counter to these federal efforts to close the
496:(1991) as precedent to show how the Court has approved using government funds with certain limitations to facilitate a program. Furthermore, since public libraries traditionally do not include pornographic material in their book collections, the court can reasonably uphold a law that imposes a similar limitation for online texts.
417:
As mentioned above, there is an exception for "bona fide research". An institution can disable filters for adults in the pursuit of bona fide research or another type of lawful purpose. However, the law provides no definition for "bona fide research". However, in a later ruling the U.S. Supreme Court
301:
research or other lawful purpose". Schools and libraries that do not receive E-Rate discounts or only receive discounts for telecommunication services and not for
Internet access or internal connections, do not have an obligation to filter under CIPA. As of 2007, approximately one-third of libraries
505:
research or other lawful purpose", implying that the adult would be expected to provide justification with his request. But under the interpretation urged by the
Solicitor General and adopted by the Supreme Court, libraries would be required to adopt an Internet use policy providing for unblocking
412:
Any picture, image, graphic image file, or other visual depiction that – (i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an
393:
shall be made by the school board, local educational agency, library, or other United States authority responsible for making the determination. No agency or instrumentality of the
Government may – (a) establish criteria for making such determination; (b) review agency determination made by the
340:
CIPA requires schools monitor minors' Internet use, but does not require tracking by libraries. All
Internet access, even by adults, must be filtered, though filtering requirements can be less restrictive for adults (filtering obscene and pornographic material but not other "harmful to minors"
295:, or harmful to minors". Such a technology protection measure must be employed "during any use of such computers by minors". The law also provides that the school or library "may disable the technology protection measure concerned, during use by an adult, to enable access for
470:
at oral argument, made it clear that the constitutionality of CIPA would be upheld only "if, as the
Government represents, a librarian will unblock filtered material or disable the Internet software filter without significant delay on an adult user's request".
305:
This act has several requirements for institutions to meet before they can receive government funds. Libraries and schools must "provide reasonable public notice and hold at least one public hearing or meeting to address the proposed
Internet safety policy"
394:
certifying school, school board, local educational agency, library, or other authority; or (c) consider the criteria employed by the certifying school, school board, educational agency, library, or other authority in the administration of subsection
413:
actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
270:
discounts on
Internet access and internal connections to purchase and use a "technology protection measure" on every computer connected to the Internet. These conditions also applied to a small subset of grants authorized through the
798:
FCC Order 03-188 dated July 23, 2003, adopting measures to ensure that the FCC's implementation of the
Children’s Internet Protection Act (CIPA) complies with the recent decision of the United States Supreme
266:(USF) discounts derived from universal service fees paid by users in order to purchase eligible telecom services and Internet access. In passing CIPA, Congress required libraries and K-12 schools using these
466:, however, the law was upheld as constitutional as a condition imposed on institutions in exchange for government funding. In upholding the law, the Supreme Court, adopting the interpretation urged by the
633:
Secs. 1703(b)(2), 20 U.S.C. sec 3601(a)(5)(F) as added by CIPA sec 1711, 20 U.S.C. sec 9134(b)(f )(7)(B) as added by CIPA sec 1712(a), and 147 U.S.C. sec. 254(h)(c)(G) as added by CIPA sec. 1721(a))
456:
287:
discounts to operate "a technology protection measure with respect to any of its computers with
Internet access that protects against access through such computers to visual depictions that are
651:
203:
839:
726:
844:
523:
252:
770:
375:
Some of the terms mentioned in this act, such as "inappropriate matter" and what is "harmful to minors", are explained in the law. Under the Neighborhood Act (
32:
859:
646:
431:
198:
801:
671:
445:
594:
819:
422:(FCC) subsequently instructed libraries complying with CIPA to implement a procedure for unblocking the filter upon request by an adult.
557:
353:
288:
272:
550:
396:
377:
308:
189:
151:
142:
854:
614:
419:
734:
527:
506:
the Internet for adult users, without a requirement that the library inquire into the user's reasons for disabling the filter.
115:
107:
452:
258:
CIPA represented a change in strategy by Congress. While the federal government had no means of directly controlling local
519:
302:
had chosen to forego federal E-Rate and certain types of LSTA funds so they would not be required to institute filtering.
437:
73:
248:
28:
326:
Security and safety of minors using chat rooms, email, instant messaging, or any other types of online communications
333:
244:
88:
515:
48:
782:
539:
390:
17:
479:
467:
263:
228:
100:
849:
655:
563:
207:
275:(LSTA). CIPA did not provide additional funds for the purchase of the "technology protection measure".
797:
678:
358:
544:
499:
As noted above, the text of the law authorized institutions to disable the filter on request "for
97:
816:
463:
163:
776:
610:
590:
475:
444:
for all Americans". Second, it argued that "no filtering software successfully differentiates
365:
292:
584:
385:
as added by CIPA sec. 1732), the definition of "inappropriate matter" is locally determined:
492:
323:
Measures to restrict a minor's access to inappropriate or harmful materials on the Internet
823:
805:
487:
259:
779:, Opinion of the US District Court for the Eastern District of Pennsylvania, May 31, 2002
658:
586:
Public Libraries and Internet Service Roles: Measuring and Maximizing Internet Services
483:
441:
400:
210:
833:
381:
312:
178:
455:(ACLU), the ALA successfully challenged the law before a three-judge panel of the
243:
Both of Congress's earlier attempts at restricting indecent Internet content, the
146:
810:
155:
232:
501:
297:
119:
389:
Local Determination of Content – a determination regarding what matter is
56:
284:
267:
262:
and library boards, many schools and libraries took advantage of
251:, were held to be unconstitutional by the U.S. Supreme Court on
758:
518:" web sites was considered by the U.S. Congress in 2006. See
457:
U.S. District Court for the Eastern District of Pennsylvania
329:
Unauthorized disclosure of a minor's personal information
727:"An update to the Children's Internet Protection Act"
349:The following content must be filtered or blocked:
188:
161:
138:
130:
125:
106:
84:
79:
68:
55:
319:The policy proposed at this meeting must address:
89:
524:International Society for Technology in Education
785:, Opinion of the US Supreme Court, June 23, 2003
611:"FCC guide: Children's Internet Protection Act"
522:. More attempts have been made recently by the
410:
387:
283:CIPA requires K-12 schools and libraries using
18:Children's Internet Protection Act of 2000
817:Universal Service Administrative Co. CIPA page
759:Text of the Children's Internet Protection Act
8:
583:McClure, Charles R.; Paul T. Jaeger (2009).
41:
840:United States federal computing legislation
426:Suit challenging CIPA's constitutionality
408:The CIPA defines "harmful to minors" as:
231:proposed to limit children's exposure to
845:Internet censorship in the United States
641:
639:
33:Children's Online Privacy Protection Act
647:United States v. American Library Ass'n
575:
432:United States v. American Library Ass'n
227:) is one of a number of bills that the
199:United States v. American Library Ass'n
514:An attempt to expand CIPA to include "
448:from illegal speech on the Internet".
40:
7:
558:State of Connecticut v. Julie Amero
273:Library Services and Technology Act
221:Children's Internet Protection Act
94:Tooltip Public Law (United States)
42:Children's Internet Protection Act
25:
860:Federal Communications Commission
615:Federal Communications Commission
446:constitutionally protected speech
425:
420:Federal Communications Commission
528:Consortium for School Networking
47:
792:FCC information and regulations
551:The King's English v. Shurtleff
316:) as added by CIPA sec. 1732).
453:American Civil Liberties Union
1:
520:Deleting Online Predators Act
235:and explicit content online.
677:. 2003-07-23. Archived from
474:In the ruling Chief Justice
438:American Library Association
368:as defined by 18 U.S.C. 2256
74:106th United States Congress
249:Child Online Protection Act
190:United States Supreme Court
29:Child Online Protection Act
876:
429:
245:Communications Decency Act
26:
436:On January 17, 2001, the
332:Unauthorized access like
196:
170:
46:
38:United States federal law
855:Content-control software
811:FCC Consumer Facts: CIPA
540:Content-control software
391:inappropriate for minors
27:Not to be confused with
804:March 21, 2006, at the
139:U.S.C. sections amended
714:American Library Ass'n
702:American Library Ass'n
510:Legislation after CIPA
468:U.S. Solicitor General
415:
406:
345:Content to be filtered
264:Universal Service Fund
229:United States Congress
771:ALA's CIPA litigation
564:Think of the children
430:Further information:
478:, joined by Justice
359:Miller v. California
181:on December 21, 2000
545:Internet censorship
480:Sandra Day O'Connor
462:Upon appeal to the
401:§ 254(h)(1)(B)
164:Legislative history
43:
822:2006-07-18 at the
716:, 539 U.S. at 210.
704:, 539 U.S. at 214.
672:"FCC Order 03-188"
464:U.S. Supreme Court
731:Thumann Resources
596:978-0-8389-3576-7
516:social networking
476:William Rehnquist
451:Working with the
371:Harmful to minors
366:Child pornography
293:child pornography
217:
216:
109:Statutes at Large
16:(Redirected from
867:
746:
745:
743:
742:
733:. Archived from
723:
717:
711:
705:
699:
693:
692:
690:
689:
683:
676:
668:
662:
643:
634:
631:
625:
624:
622:
621:
607:
601:
600:
589:. ALA Editions.
580:
493:Rust v. Sullivan
403:
384:
382:§ 254(l)(2)
315:
313:§ 254(1)(B)
166:
110:
95:
91:
61:
51:
44:
21:
875:
874:
870:
869:
868:
866:
865:
864:
830:
829:
824:Wayback Machine
806:Wayback Machine
794:
767:
755:
750:
749:
740:
738:
725:
724:
720:
712:
708:
700:
696:
687:
685:
681:
674:
670:
669:
665:
644:
637:
632:
628:
619:
617:
609:
608:
604:
597:
582:
581:
577:
572:
536:
526:(ISTE) and the
512:
488:Clarence Thomas
434:
428:
395:
376:
347:
307:
281:
253:First Amendment
241:
184:
175:Signed into law
162:
150:
108:
93:
69:Enacted by
59:
39:
36:
23:
22:
15:
12:
11:
5:
873:
871:
863:
862:
857:
852:
847:
842:
832:
831:
828:
827:
814:
808:
793:
790:
789:
788:
787:
786:
780:
773:history page.
766:
763:
762:
761:
754:
753:External links
751:
748:
747:
718:
706:
694:
663:
635:
626:
602:
595:
574:
573:
571:
568:
567:
566:
561:
554:
547:
542:
535:
532:
511:
508:
486:, and Justice
484:Antonin Scalia
442:digital divide
427:
424:
373:
372:
369:
363:
356:as defined by
346:
343:
338:
337:
330:
327:
324:
280:
277:
240:
237:
215:
214:
194:
193:
186:
185:
183:
182:
171:
168:
167:
159:
158:
152:47 U.S.C.
143:20 U.S.C.
140:
136:
135:
132:
131:Titles amended
128:
127:
123:
122:
112:
104:
103:
98:106–554 (text)
86:
82:
81:
77:
76:
70:
66:
65:
62:
53:
52:
37:
24:
14:
13:
10:
9:
6:
4:
3:
2:
872:
861:
858:
856:
853:
851:
848:
846:
843:
841:
838:
837:
835:
825:
821:
818:
815:
812:
809:
807:
803:
800:
796:
795:
791:
784:
781:
778:
775:
774:
772:
769:
768:
765:Legal history
764:
760:
757:
756:
752:
737:on 2012-03-30
736:
732:
728:
722:
719:
715:
710:
707:
703:
698:
695:
684:on 2006-03-21
680:
673:
667:
664:
660:
657:
653:
649:
648:
642:
640:
636:
630:
627:
616:
612:
606:
603:
598:
592:
588:
587:
579:
576:
569:
565:
562:
560:
559:
555:
553:
552:
548:
546:
543:
541:
538:
537:
533:
531:
529:
525:
521:
517:
509:
507:
504:
503:
497:
495:
494:
489:
485:
481:
477:
472:
469:
465:
460:
458:
454:
449:
447:
443:
439:
433:
423:
421:
414:
409:
405:
402:
398:
392:
386:
383:
379:
370:
367:
364:
361:
360:
355:
352:
351:
350:
344:
342:
335:
331:
328:
325:
322:
321:
320:
317:
314:
310:
303:
300:
299:
294:
290:
286:
278:
276:
274:
269:
265:
261:
256:
254:
250:
246:
238:
236:
234:
230:
226:
222:
212:
209:
205:
201:
200:
195:
191:
187:
180:
177:by President
176:
173:
172:
169:
165:
160:
157:
153:
148:
144:
141:
137:
133:
129:
124:
121:
117:
113:
111:
105:
102:
99:
92:
87:
83:
78:
75:
71:
67:
63:
58:
54:
50:
45:
34:
30:
19:
850:Child safety
739:. Retrieved
735:the original
730:
721:
713:
709:
701:
697:
686:. Retrieved
679:the original
666:
661: (2003).
645:
629:
618:. Retrieved
605:
585:
578:
556:
549:
513:
500:
498:
491:
473:
461:
450:
435:
416:
411:
407:
388:
374:
357:
348:
341:materials).
339:
318:
304:
296:
282:
279:Stipulations
257:
242:
224:
220:
218:
197:
179:Bill Clinton
174:
126:Codification
60:(colloquial)
233:pornography
213: (2003)
147:§ 9134
834:Categories
741:2011-08-17
688:2008-01-31
620:2011-08-17
570:References
482:, Justice
239:Background
156:§ 254
85:Public law
783:US v. ALA
777:ALA v. US
502:bona fide
397:47 U.S.C.
378:47 U.S.C.
354:Obscenity
336:by minors
309:47 U.S.C.
298:bona fide
255:grounds.
120:2763A-335
114:114
80:Citations
820:Archived
802:Archived
534:See also
247:and the
57:Acronyms
334:hacking
289:obscene
90:Pub. L.
799:Court.
650:,
593:
399:
380:
362:(1973)
311:
285:E-Rate
268:E-Rate
260:school
202:,
154:
145:
134:20; 47
118:
96:
682:(PDF)
675:(PDF)
654:
206:
192:cases
116:Stat.
101:(PDF)
656:U.S.
591:ISBN
225:CIPA
219:The
208:U.S.
72:the
64:CIPA
659:194
652:539
211:194
204:539
31:or
836::
729:.
638:^
613:.
291:,
826:.
813:.
744:.
691:.
623:.
599:.
404:.
306:(
223:(
149:;
35:.
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
