CHILDREN\’S INTERNET PROTECTION ACT
FREQUENTLY ASKED QUESTIONS
Prepared by Jenner & Block, ALA Legal Counsel, January 2001
IS EVERY PUBLIC LIBRARY AND SCHOOL REQUIRED TO USE FILTERING OR BLOCKING
SOFTWARE ON COMPUTERS THAT ACCESS THE INTERNET?
No. Only libraries that receive Universal Service Discounts or funds
available under the Library Services and Technology Act or Title III of
the Elementary and Secondary Education Act of 1965 must certify
compliance with the Act.
More…..
CHILDREN\’S INTERNET PROTECTION ACT
FREQUENTLY ASKED QUESTIONS
Prepared by Jenner & Block, ALA Legal Counsel, January 2001
IS EVERY PUBLIC LIBRARY AND SCHOOL REQUIRED TO USE FILTERING OR BLOCKING
SOFTWARE ON COMPUTERS THAT ACCESS THE INTERNET?
No. Only libraries that receive Universal Service Discounts or funds
available under the Library Services and Technology Act or Title III of
the Elementary and Secondary Education Act of 1965 must certify
compliance with the Act.
More…..
WHAT TYPE OF FILTERING SOFTWARE MUST BE USED?
The Act does not require use of specific filtering software. Instead, the
Act requires the school or library seeking funds to certify that it is
using blocking or filtering technology that blocks access to visual
depictions of the type specified in the legislation.
WHAT VISUAL DEPICTIONS MUST BE BLOCKED?
For adults, the recipient of funds must block access to visual depictions
that are obscene as defined by the federal obscenity statute, 18 U.S.C. =A7
1460 et seq., and child pornography as defined by 18 U.S.C. =A7 2256. For
minors, the recipient of funds must block visual depictions that are
obscene and child pornography, as well as visual depictions that are
"harmful to minors."
WHAT IS OBSCENITY?
The federal obscenity statute does not itself contain an express
definition of obscenity. However, in the landmark case of Miller v.
California, 413 U.S. 15 (1973), the Supreme Court established a
test/definition for obscenity that is now implicitly incorporated into
the federal statute: (a) whether "the average person, applying
contemporary community standards" would find the work, taken as a
whole, appeals to the prurient interest; (b) whether the work depicts or
describes, in a
patently offensive way, sexual conduct specifically defined by the
applicable state or federal law; and (c) whether the work, taken as a
whole, lacks serious literary, artistic, political, or scientific
value.
WHAT IS CHILD PORNOGRAPHY?
The federal child pornography statute, 18 U.S.C. =A7 2256, defines
"child pornography" as "any visual depiction" of a
minor under 18 years-old engaging in "sexually explicit
conduct," which includes "actual or simulated" sexual
intercourse, bestiality, masturbation, sadistic or masochistic abuse, or
"lascivious exhibition of the genitals or pubic area." The
statute\’s definition includes not only actual depictions of sexually
explicit conduct involving minors, but also images that "appear to
be" minors engaging in sexually explicit conduct.
WHAT IS "HARMFUL TO MINORS"?
The Act defines "harmful to minors" as "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
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."
WHAT IS A "MINOR"?
A minor is defined as an individual who has not attained the age of
17.
CAN THE FILTER EVER BE DISABLED?
The Act provides that an administrator, supervisor or "other
authority" may disable filtering or blocking technology to
"enable access for bona fide research or other lawful
purposes."
WHAT IS A "BONA FIDE RESEARCH" OR OTHER "LAWFUL"
PURPOSE THAT WOULD JUSTIFY DISABLING FILTERING OR BLOCKING
TECHNOLOGY?
The Act does not provide a definition. The terms are vague.
WHEN MUST MY SCHOOL OR LIBRARY PROVIDE THE REQUIRED CERTIFICATION?
The Act is unclear about the applicability of the certification
procedures and the timing of necessary certifications. The Federal
Communications Commission has indicated that it will promulgate
clarifying regulations related to Universal Discounts during January,
2001. The Secretary of Education and the Director of the Institute of
Museum and Library Services have not indicated whether regulations will
be issued.
IS THERE TECHNOLOGY THAT WILL FILTER OUT OBSCENITY, CHILD PORNOGRAPHY AND
MATERIAL THAT IS HARMFUL TO MINORS WITHOUT BLOCKING ACCESS TO
CONSTITUTIONALLY PROTECTED SPEECH?
No. At this time, the American Library Association is not aware of any
filtering program that will block out illegal content but allow access to
constitutionally protected materials.
WHAT IS THE "NEIGHBORHOOD CHILDREN\’S INTERNET PROTECTION
ACT"?
This subsection applies to libraries seeking Universal Service Discounts
from the Federal Communication Commission. NCIPA provides that libraries
and schools receiving Universal Service Discounts must adopt and
implement an Internet safety policy that addresses the following issues:
(i) access by minors to inappropriate matter on the Internet and World
Wide Web; (ii) the safety and security of minors when using electronic
mail, chat rooms, and other forms of direct electronic communications;
(iii) unauthorized access, including so-called "hacking," and
other unlawful activities by minors online; (iv) unauthorized disclosure,
use, and dissemination of personal identification information regarding
minors; and (v) measures designed to restrict minors\’ access to materials
harmful to minors.
ARE THERE ANY REQUIREMENTS ON THE TYPE OF POLICY THAT IS ADOPTED?
Yes. Prior to adopting an Internet Safety Policy, the school or library
must hold at least one public hearing or meeting to address the proposed
policy. Otherwise, the legislation that does not further specify the
contents of the policy.
WHAT IS "INAPPROPRIATE" FOR MINORS?
The determination of what material is "inappropriate" is left
to the school board, local educational agency, library or "other
authority." The legislation provides that no agency or
instrumentality of the United States Government may establish criteria
for making the determination that material is inappropriate, review the
determination of the local authority or consider the criteria in the
administration of the Universal Service Discounts.
NOTE: The ALA Washington Office will sponsor a program on Saturday,
January 13,
11:00 AM – 12:30 PM on compliance with the law (Washington Convention
Center, Room 29).
On Saturday, January 13, attend the "Libraries and the
Internet" Advocacy Training,
1:30 – 4:30 PM, Hotel Washington Ballroom. The newly revised Libraries
and the Internet Toolkit will be used at this training session. The
Toolkit is also available at
.
Harry Willems, Consultant
SEKLS
Madison
;
66749
nbsp;
316.365.5137
316.365.5136
42.7 percent of all statistics are made up on the spot. =20
Recent Comments