CIPA FAQs
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Resources CIPA FAQs |
1. What is CIPA?
CIPA stands for the Children's Internet Protection Act (CIPA), passed by Congress
as part of a major spending bill (H.R. 4577) on December 15, 2000, and signed
into law by President Clinton on December 21, 2000 (Public Law 106-554). CIPA
places restrictions on the use of funding that is available through LSTA (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 protection measures that block or filter certain material from
being accessed through the Internet. The law became effective on April 20, 2001.
2. How does CIPA affect
public libraries?
Libraries that want to continue to receive e-rate reimbursements or discounts
for Internet access will need to comply with CIPA requirements. Specifically,
that means adopting an Internet Safety Policy in accordance with CIPA's requirements,
holding at least one public hearing on this Policy, and installing and activating
technology protection measures on all PCs in the library.
3. Is there anything my library
needs to do right away?
No. We need to hear how the Federal Communication Commission (FCC) intends for
libraries to implement CIPA now that it has been upheld. Then we will find out
which funding year the requirements will apply to. Check out the FCC
statement made June 23rd, 2003 - they state that "Before the effective
date of the Supreme Court’s decision the Commission will provide further
guidance on a reasonable schedule for libraries to acquire and install filtering
software, consistent with their certification obligations under CIPA."
4. What actions will libraries
be required to do in order to comply with CIPA?
As far as E-rate discounts are concerned, if a library chooses to apply only
for telephone or data line reimbursement and not any Internet access reimbursement,
then CIPA regulations will not apply to that library.
If your library does choose to apply for Internet access reimbursement as well,
an "Internet Safety Plan" must be written and include the use of filtering
technology on all PCs in the library (not just those in a designated children's
or young adult area), or the library must demonstrate that it is taking measures
toward implementing such technology. Those measures could include researching,
investigating, or getting cost quotes on filters.
Please note that it is a federal offense to certify for the e-rate program that
you have an Internet Safety Plan when in fact you do not.
5. Since CIPA is concerned with
Internet access, if my library only requests reimbursement for telephone voice,
data or fax lines and not Internet access, will CIPA requirements still be enforced?
The understanding is that only libraries applying for Internet access reimbursement
under E-rate need comply with CIPA.
6. Why are some public libraries
and the ALA so upset by the prospect of filtering to protect children from obscene
materials on the Internet?
The Mid-Hudson Library System believes the decision on how best to protect minors
from obscene materials is a local library board decision. CIPA usurps the power
of local library boards and library staff. According to ALA's Web site, "Libraries
already have policies and programs to ensure children have an enriching and
safe online experience. More than 95 percent of public libraries have Internet-use
policies that were created with community input and local control, and they
offer classes on how to use the Internet to get good information. In our libraries,
we find kids use the Internet the same way they use other library services.
They work on homework assignments, read about sports, music and other interests,
and communicate with their friends. The vast majority of children and adults
continue to use the library responsibly and appropriately."
In regards to filtering software, at this time there is no existing filtering
or blocking technology that blocks access only to speech that is obscene, child
pornography or harmful to minors. On the other hand there is no filtering technology
that exists that protects children from all objectionable materials.
CIPA requires that the technology protection measures, a.k.a filters, be installed on all PCs in the library. Any adults who want to use the Internet without these filters must make that request to a library staff member, who can then disable the filter. When that person is done, a library staff member must then go and enable the filter again.
7. Libraries
determine which titles they purchase. Why not use filters to keep out those
Internet materials the library doesn't want?
Filtering software is not based on a library's collection development policies
or standards. Filtering technology is not subtle enough to distinguish between
sources such as Hustler and Shakespeare, because they operate by spotting words.
The word "sex", whether in a medical context, a law book or a classic
poem, is all a filter needs to "see" to block that page or the whole
Web site. Filters have been shown to block access to medical information, political
information and information related to the arts and literature.
In addition, the makers of these filters have not been willing to share their
methodology for choosing words to look for or sites they block out, because
they consider their "blacklists" to be proprietary. Libraries would
be purchasing a product to perform "collection development" without
having any knowledge of the policy underpinning it. And users do not really
know what sites are being blocked.
Also of concern is just what the vendors of filtering are doing with data they
collect. It has been reported recently that one major filtering company (N2H2)
was selling data it secretly collected about children's surfing habits.
Finally, most of the filtering technology products tested recently by Consumer
Reports failed to block one objectionable site in five.
8. Who should we contact at MHLS
for further assistance?
Joshua Cohen, Executive Director, MHLS x17 or jcohen@midhudson.org
last updated: June 30, 2003
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