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CHILDREN’S INTERNET PROTECTION ACT

CHILDREN’S INTERNET PROTECTION ACT. Overview Washington State Library Fall 2003. Children’s Internet Protection Act (CIPA). CIPA prohibits schools and public libraries from obtaining federal funds if they are not in compliance with the law. Affects: Universal Service discounts – Erate

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CHILDREN’S INTERNET PROTECTION ACT

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  1. CHILDREN’S INTERNET PROTECTION ACT Overview Washington State Library Fall 2003

  2. Children’s Internet Protection Act (CIPA) CIPA prohibits schools and public libraries from obtaining federal funds if they are not in compliance with the law. Affects: • Universal Service discounts – Erate • Library Services and Technology Act – LSTA • Elementary and Secondary Education Act (ESEA) of 1965

  3. Children’s Internet Protection Act (CIPA) • Erate • Administered by the Schools and Libraries Division of the Universal Service Administrative Company (USAC) http://www.sl.universalservice.org/ • Governed by the Federal Communication Commission (FCC)

  4. Children’s Internet Protection Act (CIPA) • Erate • CIPA Applies to libraries that wish to receive Erate discounts for Internet Access or Internal Connections • It does not apply to discounts received for telecommunications costs, including voice and data circuits. • If a public library wishes to apply for Erate discounts on telecommunications only,it does not have to be in compliance with CIPA

  5. Children’s Internet Protection Act (CIPA) • Library Services and Technology Act (LSTA) • Governed by the Institute of Museum and Library Services (IMLS) • Administered by State Library Agencies (SLAs)

  6. Children’s Internet Protection Act (CIPA) • Library Services and Technology Act (LSTA) • Applies to libraries that wish to apply for LSTA grants to purchase computers • used to access the Internet, • or to pay for direct costs associated with accessing the Internet

  7. Children’s Internet Protection Act (CIPA) • REQUIREMENTS OF THE LAW • All computers with Internet access (public and staff) must operate with blocking or filtering technology that prevents access • 1) for both adults and minors to visual depictions that are obscene or child pornography • 2) for minors (not yet attained the age of 17) to visual depictions that are harmful to minors

  8. REQUIREMENTS OF THE LAW Children’s Internet Protection Act (CIPA)

  9. Children’s Internet Protection Act (CIPA) • Obscenity • CIPA refers to existing federal law to define obscenity (18 U.S.C. Section 1460) • In the absence of a statutory definition, the courts will likely apply the Miller obscenity test, (Millerv. California, 413 U.S. 15, 25 [1973

  10. Children’s Internet Protection Act (CIPA) Obscenity – to be obscene an image must meet all three requirements of the Miller Obscenity Test • The average person applying contemporary community standards must find that the work, taken as a whole, appeals to the prurient interest • The work must depict in a patently offensive way, sexual conduct specifically defined by state law. • The work, taken as a whole, must lack serious literary, artistic, political or scientific value.

  11. Children’s Internet Protection Act (CIPA)Miller Obscenity Test • The average person applying contemporary community standards must find that the work, taken as a whole, appeals to the prurient interest “Prurient interest:” material whose predominant appeal is to a shameful or morbid interest in nudity, sex or excretion and not "materials that provoked only normal sexual reactions." (Brockett v. Spokane Arcades, 472 U.S. 491, 498 [1985])

  12. Children’s Internet Protection Act (CIPA)Miller Obscenity Test • The work must depict in a patently offensive way, sexual conduct specifically defined by state law. Washington State Law defines “sexual conduct” in RCW 9A.44.010 • The work, taken as a whole, must lack serious literary, artistic, political or scientific value.

  13. Children’s Internet Protection Act (CIPA) • Child Pornography • CIPA uses existing federal law to define child pornography (18 U.S.C. Section 2256). • PROTECT Act (April 2003) recently changed the federal definition to include not only images of real children, but also computer images that are indistinguishable from a real minor engaging in sexually explicit conduct.

  14. Children’s Internet Protection Act (CIPA) • Child Pornography • There is no bona fide research purpose that allows a patron (even an adult) to view child pornography. • Filters should not be disabled for this purpose.

  15. Children’s Internet Protection Act (CIPA) Harmful to Minors The term "harmful to minors'' means any picture, image, graphic image file, or other visual depiction that-- (A) Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion (B) Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

  16. Children’s Internet Protection Act (CIPA) • Harmful to Minors • The State of Washington does not have a “harmful to minors” law, although state law discusses minors with respect to “erotic material” in RCW 9.68.050 • Harmful to Minors is defined within CIPA itself

  17. Children’s Internet Protection Act (CIPA) • Disabling the Filter – Erate • Under the Erate provisions the filters may only be disabled during use by an adult to enable access for bona fide research or other lawful purposes. (However, the Supreme court ruled that a reason did not have to be given.) • As CIPA applies to Erate, the filter may not be disabled for a minor even if the parent requests it.

  18. Children’s Internet Protection Act (CIPA) • Disabling the Filter - LSTA • Under the provisions related to the receipt of LSTA funds an administrator, supervisor or other authority may disable a technology protection measure to enable access for bona fide research or other lawful purposes • Filters may be disabled for minors doing bona fide research

  19. Children’s Internet Protection Act (CIPA) • Disabling the Filter - Staff • Must all Internet workstations be filtered? • Yes, including staff workstations

  20. Children’s Internet Protection Act (CIPA) • Disabling the Filter – Other Computers • Must computers that do not access the Internet need to be filtered? • No. CIPA applies only to Internet workstations.

  21. Children’s Internet Protection Act (CIPA) • Disabling the Filter – Other Computers • Must servers be filtered? • No. Unless they are used to access the Internet.

  22. Children’s Internet Protection Act (CIPA) • Disabling the Filter • May staff disable filters on their workstations? • Yes if authorized to do so

  23. Brought to you by This presentation is funded in part by federal Library Service and Technology Act fund (LSTA) provided through the Institute of Museum and Library Services and administered by the Washington State Library

  24. Rand Simmons Washington State Library (360) 570-5585 rsimmons@secstate.wa.gov Tamara Georgick Washington State Library (360) 570-5579 tgeorgick@secstate.wa.gov

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