CIPA
Children's Internet Protection Act
Information for North Carolina Public Libraries

State Library of North Carolina
Updated October 23, 2009

CIPA

Information for North Carolina Public Libraries

Overview

Filtering Information

Internet Use Policies

What are the Basic Provisions of CIPA?

When Will My Library Have to Be in Full Compliance with CIPA in order to receive E-rate funds?

CIPA Background and History

What is CIPA?

CIPA Rules

History of CIPA Implementation

Filtering Information

What are the basic provisions of CIPA for public libraries?

  • CIPA applies to public libraries receiving Universal Service (E-rate) and/or Library Services and Technology Act (LSTA) funds for certain uses::
    • E-Rate:  Public libraries are required to comply with CIPA if they receive E-rate discounts for Internet access or internal connections. (Note that libraries receiving discounts for telecommunications services are not affected.)
    • LSTA:  Public libraries are required to comply with CIPA if they receive LSTA funds to purchase computers used for Internet access or to pay for direct costs associated with Internet access.
  • Public libraries required to comply with CIPA must do the following to receive E-rate funds:
    • (1) adopt Internet safety policies that address:
      • access by minors to "inappropriate matter" on the Internet (the local library or its governing body shall determine what matter is "inappropriate");
      • safety and security of minors when using e-mail, chat rooms, and other forms of direct electronic communication;
      • unauthorized access, including hacking and other unlawful online activities by minors;
      • unauthorized disclosure of personal identification information of minors; and
      • measures designed to restrict minors' access to harmful materials.
    • (2) provide notice and hold at least one hearing or meeting on the proposed Internet safety policy.
    • (3) certify the adoption and implementation of an Internet safety policy that includes "operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are"--
      • obscene
      • child pornography
      • harmful to minors

      and certify as well that they are enforcing the operation of the technology protection measure during use of their computers.

  • Libraries that receive LSTA funds but DO NOT receive E-rate funds must do the following in order to receive LSTA funds for affected purchases:
    • (1) put in place "a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are" --
      • obscene
      • child pornography
      • harmful to minors
    • and enforce "the operation of such technology protection measure during any use of such computers by minors; and"
    • (2) put in place "a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are" --
      • obscene
      • child pornography
      • and enforce "the operation of such technology protection measure during any use of such computers."
          For further information about LSTA and CIPA, please see the State Library's
LSTA CIPA page.
  • Libraries that receive both E-rate and LSTA funds for affected purchases must follow the requirements for E-rate compliance with CIPA.

When will my library have to be in full compliance with CIPA in order to receive E-rate funds?

  • A waiver is possible during the first year of implementation for libraries unable to meet the certification deadline because of local procurement rules, regulations, or competitive bidding requirements related to obtaining the technology necessary to implement the law.

CIPA Background and History

What is CIPA?

  • The Act is essentially a series of amendments to specific subsections of three existing laws:
    • the Communications Act of 1934 (47 U.S.C. 245), as amended by the Telecommunications Act of 1996, which created the Universal Service (E-rate) program.
    • the Museum and Library Services Act of 1996 (20 U.S.C. 9101 et seq.), which reauthorized and revamped the library funding program now known as LSTA.
    • the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.).

  • The Act is a subsection of the Consolidated Appropriations Act of 2001, a bill to fund the operations of US government agencies, which was passed by Congress on December 15, 2000, and was signed into law on December 21, 2000 (Public Law No. 106-554).

CIPA Rules (37-page PDF document, April 5, 2001)

  • FCC corrections to original rules (2-page PDF document, April 20, 2001)
  • A brief summary of the rules (updated April 23, 2001)
  • Summary information from Wisconsin's State Division for Libraries (1-page PDF document, April 11, 2001)

History of CIPA Implementation

  • The rulemaking process for implementation of CIPA was carried out initially by the FCC because of the Act's implications for administration of the Universal Service (E-rate) program. FCC has responsibility for the E-rate program through its oversight of the Universal Service Administrative Company's Schools and Libraries Division (SLD).
  • FCC issued a Notice of Proposed Rulemaking (NPRM) requesting public comment on several issues involved in implementing the Act.
  • Comments on the NPRM were due by February 15, 2001, and replies to those comments were due by February 22, 2001.
  • Final rules were issued on April 5, 2001. Corrections were issued on April 19.
  • SLD issues guidelines on what "undertaking compliance" actually means (May 18, 2001)
  • SLD letter on "undertaking compliance" for steps to be taken before July 1 (June 19, 2001)
  • May 31, 2002: A three-judge panel sitting in the Eastern District of Pennsylvania ruled Sections 1712(a)(2) and 1721(b) of the Children's Internet Protection Act to be facially invalid under the First Amendment and permanently enjoined the government from enforcing those provisions.
  • March 5, 2003: The U. S. Supreme Court heard arguments in the CIPA case (United States v. American Library Association, 02-361). Transcripts are available at the Supreme Court's transcripts website.
  • June 25, 2003: The Supreme Court held that the law is constitutional.  Five opinions were issued:  the plurality opinion (Rehnquist, with O'Connor, Scalia, and Thomas), two concurring opinions (Kennedy and Breyer), and two dissenting opinions (Stevens, and Souter with Ginsburg).
  • FCC issues its second CIPA order.

Related Links
  • Internet Filtering Options Analysis: An Interim Report (73-page PDF file from the InFoPeople Project, dated May 2001)
  • Internet filtering information from the Southern Regional Education Board's Educational Technology Cooperative (March 27, 2001)
  • Report of the NTIA on "Technology Protection Measures" in Section 1703 of CIPA (August 2003)
  • The Commission on Online Child Protection (COPA) report was commissioned by Congress after the passage of the Child Online Protection Act (COPA) in 1998. It was issued in October 2000. It surveys the current situation and notes that "no particular technology or method provides a perfect solution" for protecting children from obscene or potentially harmful material on the Internet. The Third Circuit Court of Appeals in Philadelphia upheld an injunction against COPA in June 2000. It was appealed to the U. S. Supreme Court, which remanded the case to the lower court for reconsideration. On March 6, 2003, the Third Circuit again upheld an injunction prohibiting enforcement of COPA. The Supreme Court upheld the injunction in 2004. The case was tried again in 2007, and the law was again overturned. That decision was upheld on appeal in 2008, and the Supreme Court refused to hear an appeal in 2009, effectively invalidating COPA.
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GP Last updated 10/23/2009
URL:http://statelibrary.ncdcr.gov/hottopic/cipa/cipa.htm