Federal Children’s Internet Protection Act (CIPA)

In 2000, the United States Congress enacted the Children’s Internet Protection Act (CIPA) as part of the Consolidated Appropriations Act. This particular act stipulates three different types of funding:

1. Aid to elementary and secondary schools.
2. Library Services and Technology Act grants to states for support of public libraries.
3. E-rate program that provides technology discounts to schools and public libraries.

This law has been somewhat controversial among some groups.  The American Library Association (ALA) and the ALCU in particular have not been supportive of CIPA.  The controversy stems from possible conflicts with freedom of information and the First Amendment.  However, if schools wish to receive money for the latest bells and whistles for their technology department, they understand that millions of dollars are at stake through the Federal government. 
 

The Way CIPA Works

CIPA requires all public libraries that participate in the E-rate and LISTA programs
 to guarantee that they are using computer filtering software programs to prevent the on-screen depiction of obscenity, child pornography or material that is harmful to minors.

E-rate is defined as: “Education rate”.  E-rate is the Universal Service Fund for Schools and Libraries Program.
The act only applies to minors.  Adults may request that a librarian disable the internet filtering software.  Libraries are not allowed to disable internet filtering programs for minor users if they want to receive E-rate benefits.

Supreme Court Upholds CIPA

The U.S. Supreme Court upheld CIPA in June 2003, which overturned an earlier court ruling that had prevented the law from taking effect in libraries. In United States v. American Library Association, the court ruled that CIPA does not violate the First Amendment, even though it may block some legitimate sites, because libraries may disable the filters for adult patrons upon request.

Filters are now widely used in public schools, libraries, and many other centers of learning. Schools all across the country are installing and expanding the use of certain Internet filters which sometimes blocks certain objectionable Websites. 

How Institutions are affected by Filtering Restrictions

Each year, all public elementary and secondary schools and public libraries are required to certify annual compliance with the CIPA law if they wish to maintain eligibility for federal funding for computers and/or Internet access. The extent to which they are regulated depends upon what types of federal funding they are already receiving. There are three distinct federal programs that provide subsidies to institutions for Internet access, service, internal connections, and personal computers:

• Universal Service (E-rate) discounts for Internet access, Internet service, or internal connections.
• Library Services and Technology Act (LSTA) state grant funding to buy computers used to access the Internet or to pay direct Internet access costs.
• Title III funding under the Elementary and Secondary Education Act (ESEA) to buy computers used to access the Internet or to pay direct Internet access costs.

Most elementary schools in the United States have Internet access and around sixty percent of these schools use some type of internet filtering software tool.  Each school has their own particular agenda for doing so, but the most persuasive reason is the wish to protect the children from inappropriate material such as sexually explicit articles and violence.

Example of State legislature adding funds for internet filters
Utah was the first state to pass their version of CIPA and was soon followed by Virginia. These two states required libraries to use Internet filters to block child pornography and obscenity and what they deemed to be harmful material to minors.

Unlike the 2000 federal law, which ties filters to receipt of E-rate telecomm discounts, and the 2004 Utah law, the Virginia statute is not an unfunded mandate; it allots $190,000 in the first year for filters, then $133,000 in each of the next two years. The state estimated that software would have to be upgraded every three years.

Several other states have passed laws requiring internet filter policies or filtering for minors.

Most Librarians are do not approve of filtering in any form in order to preserve First Amendment rights and intellectual freedom.  While CIPA requires the use of filters that address "visual depictions that are obscene or child pornography" on all library computers, it also provides a specific exception that authorizes library officials to disable a filter "to enable access for bona fide research or for other lawful purposes."  Never the less, many schools systems still prefer to opt for an Internet filtering system that can be teacher manipulated for specific lessons and research.