MSNade writes \”For those interested to know why the Dec. 2000 Children\’s Internet Protection Act (CIPA) probably does not violate the First Amendment, a revised version of my spring 2000 Texas Law Review article is now available at
papers.ssrn.com/paper.taf?ABSTRACT_ID=230834
Among other things, the article notes that while CIPA requires libraries receiving federal funds to employ \”technology protection measures,\” software filters are not the only technologies that would fit this requirement. In fact, when the former Congressional Office of Technology Assessment (OTA) prepared an overview report of communications and information policy to Congress in the late 1980s, it adopted a broad definition of \”technology,\” which included not only physical apparatuses, but also \”technique\”s and \”social arrangements,\” which would likely include appropriate AUPs. For more details, see note 62D of the revised article. \”
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