Internet Filtering Requirements The Acts, Some Facts, and How It All Ties in with E-rate Laurie Taylor Michigan Information Network May 24, 2001

Internet Filtering Requirements

The Acts, Some Facts, and How It All Ties in with E-rate

Laurie Taylor

Michigan Information Network

May 24, 2001

May 24, 2001 Michigan Information Network 2

Background on CIPA

• CIPA = Children’s Internet Protection Act

• Signed into law December 21, 2000 as part of a larger spending package– Consolidated Appropriations Act, 2001;

PL 106-554, Sections 1701-1741

• Goes into effect July 1, 2001


Background on CIPA

• Establishes policy requirements for federal technology funding for K-12 schools and public libraries:– E-rate (Telecommunications Act of 1996)– Library Services & Technology Act (LSTA)– Title III of Elementary & Secondary Education

Act (ESEA)


Background on CIPA

• Special provisions for E-rate users:– Does NOT apply to telecom-only funding– Must meet additional Internet safety policy

requirements under Neighborhood Children’s Internet Protection Act (N-CIPA)


Background on CIPA

• FCC rules went into effect April 20, 2001

• Form 486 to be used for CIPA compliance certification for E-rate purposes

• Timeframe for adoption of Internet Safety Policy (or Acceptable Use Policy) same as for Technology Protection Measures (e.g., “filters”)


Background on CIPA

• Does not require restricting adults from viewing or accessing visual depictions that are harmful to minors– Does require that minors not view or access

visual depictions that may be harmful to them


Background on PA 212

• PA 212 went into effect in Michigan on October 1, 2000

• It amended PA 37 that went into effect August 1, 1999

• PA 37 amended PA 7 that went into effect February 6, 1998

• PA 7 amended PA 455 (1982)


PA 455

• “An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.”


PA 7

• Amended section 2 of PA 455 (MCL 397.602)

• Basically, defines “library” and “library record”


PA 37

• Amended section 2 of MCL 397.602 as amended by PA 7 which provided definition for the following terms:– computer, computer network, computer

program, computer system, device, harmful to minors, Internet, library, library record, minor, obscene, sexually explicit matter, terminal


PA 37

• “Sexually explicit matter” defined as that definition provided in Act 33 of 1978 (MCL 722.673)– Means sexually explicit visual material, sexually

explicit verbal material, or sexually explicit performance

– Verbal material means a book, pamphlet, magazine, printed matter reproduced in any manner (i.e., “text”), or sound recording


PA 37

• Also added section 6 to MCL 397.602 which empowered the governing body of the library to authorize or require restricted access to minors to the Internet or computer systems in the following manner:


PA 37

• (a) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors.


PA 37

• (b) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are NOT restricted from receiving any material.


PA 212

• Focus is on minors only, not adults

• Amended section 6 of MCL 397.606 as added by PA 37 requiring the governing body of the library to adopt and require enforcement of a policy that restricts access to minors to the Internet or computer systems in 1 of the following ways:


PA 212

• (a) Both of the following:– (i) By making available, to individuals of any

age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors; AND

– (ii) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are NOT restricted from receiving any material.


PA 212

OR

• (b) By utilizing a system or method that is designed to prevent a minor from viewing obscene matter or sexually explicit matter that is harmful to minors.– Possibilities:

• Internet filtering

• Monitoring


PA 212

• PA 212 also states that section 6 does NOT apply to a library established by a community college district, a college or university, or a private library open to the public.


PA 212

• So, that leaves libraries established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities.


CIPA Requirements

• Requires adoption and implementation of an “Internet Safety Policy”

• For all LSTA, ESEA, and E-rate fund applicants, means operation of a “technology protection measure” that blocks or filters Internet access to visual depictions that are:


CIPA Requirements

• Obscene• Child pornography• Harmful to minors• Other material deemed locally to be

“inappropriate for minors”

Minor = An individualwho has not attainedthe age of 17

Note: CIPA does allow adults to view visual depictionsconsidered harmful to minors, but not obscene or child pornography visual depictions


CIPA Requirements

• For E-rate fund applicants only, requires other safety and security measures for minors (as called for in N-CIPA) re:– E-mail

– Chat rooms

– Other direct electronic communications (e.g., Instant Messaging)

– “Hacking” and other unlawful online activities

– Unauthorized disclosure of personal ID info on minors


CIPA Requirements

• For schools applying for E-rate funds, also requires that the Internet Safety Policy include monitoring the online activities of minors– Note: 1) Libraries are not required to monitor

the activities of minors; 2) CIPA and N-CIPA do not require schools or libraries to track Internet use by identifiable users


CIPA Requirements

• Requires public hearing or meeting on the Internet Safety Policy– Must provide reasonable public notice for the

hearing or meeting – Local school districts must have their own

policy• They must sign Form 486 or Form 479 certifying

they have implemented such policy


CIPA Requirements

• Disabling of filtering is allowed:– For authorized adult use for “bona fide

research or other lawful purposes”

• Federal funding for CIPA expenses:– ESEA and LSTA funds available– E-rate funds NOT available


But What About PA 212?

• In Michigan, you must comply with PA 212 whether or not you apply for E-rate funds.



• To comply with PA 212, you have to either– 1) make available to all age groups 1 or more

terminals that are restricted from receiving obscene/sexually explicit matter that is harmful to minors (OSEMHARTOM), AND make available to individuals 18 or older 1 or more terminals that are NOT restricted from receiving OSEMHARTOM; OR



– 2) implement a system or method designed to prevent a minor from viewing OSEMHARTOM (e.g., Internet filtering).

• To comply with PA 212 via alternative “1” above means that you will NOT be in compliance with CIPA.

• To comply with PA 212 and CIPA, you need to start with alternative “2” above.


CIPA and PA 212 Compliance

• To comply with both of these pieces of legislation, a school or library in Michigan must:– 1) adopt and implement an Internet Safety

Policy (including public hearing with reasonable public notice), AND



– 2) implement an Internet filtering system designed to protect a minor from viewing OSEMHARTOM, child pornography, and other material deemed locally to be inappropriate for minors (visual, verbal, and performance), AND

Remember: 1) CIPA also requires that adults be protectedfrom viewing visual depictions that are obscene or child pornography; 2) CIPA does not require that verbal orperformance material be blocked from minors or adults.



– 3) implement other safety measures for minors with regards to E-mail, Chat rooms, Other e-coms, Hacking, and Unauthorized disclosure of personal ID info on minors, AND

The “N-CIPA” piece



– 4) if you are a school or school library, monitor the online activities of minors.

Note: A minor under CIPA is less than 17 years of age, while a minor under PA 212 is less than 18 years of age. In Michigan, libraries would need to filter the Internet for all individuals under the age of 18.


CIPA Impact on E-rate Year 4

• Must initially certify that an Internet Safety Policy is in effect or that the applicant is undertaking initial actions to do so

• Timing is important– Safest bet is to take some type of action before

funding Year 4 starts on July 1, 2001 • Can be as simple as assigning a staff member or

appointing a committee to begin the process



– Document the actions you take• Letter or memo from responsible administrator

• Minutes from library or school committee/board meeting

• Record of attendance at meetings or workshops related to CIPA (including names of attendees and dates)

• Just reading an e-mail about filtering probably does NOT qualify as “taking action”



– If no action has been taken by the time the school or library starts to receive Year 4 E-rate services, those services will NOT be eligible for discounts until the school or library does begin the process of complying with the E-rate provisions of CIPA



• Libraries need only indicate that they are “evaluating their options”– Based on May 15, 2001 ruling by U.S. District

Court – No word yet from SLD on whether Form 486

will be modified to accommodate this stipulation

– Have until July 1, 2002 to comply


When Must I Certify?

• Certification of compliance must be made on or before October 28, 2001

• Taking steps to comply must be started on or before the start date for Year 4 E-rate services, but no later than October 28, 2001– For most, July 1, 2001 will be the date by

which applicants must have taken initial steps to comply


When Must I Certify?

• Certification of full compliance must be made by the start of funding Year 5 (i.e., July 1, 2002)

• Exception: Unless applicant requests and receives a waiver because full compliance is prevented due to delays caused by local procurement procedures


How Do I Certify?

• Year 4– Schools and libraries applying for E-rate funds

certify via Form 486 (form being revised by SLD) on or before October 28, 2001 that

• a) they have the policies and technology protection measures related to CIPA in place;

• b) they are undertaking actions to put such policies and technology protection measures in place by the start of Year 5 (July 1, 2002); or


How Do I Certify?

• c) they are only applying for telecommunications services and not for Internet access or internal connections (therefore the E-rate CIPA provisions do not apply).

– Members of consortia certify on Form 479 (new form)

• Consortia leaders will be required to certify that they have collected Forms 479 from all their members indicating that they are in compliance.


How Do I Certify?

• Year 5– Certification will be made on the (new) Form

486– No specific filing dates announced yet– Must be fully in compliance by July 1, 2002 to

be eligible for funding (unless have obtained a waiver)


Things You Can Do to Get Started

• Assign a staff member or appoint a committee to begin implementing CIPA

• Conduct research to understand the provisions of CIPA and the FCC’s regulations

• Research the different technology protection measures available



• Develop a draft RFP to obtain technology protection measures

• Develop a draft Internet Safety Policy for discussion at a public meeting– Should follow the state’s Open Meetings law

• MCL 15.261 (March 31, 1977)

• Determine if your existing Internet Safety Policy already meets CIPA requirements



• Whatever you do, you must undertake (and document) some sort of effort to implement CIPA by July 1, 2001 if you expect to receive E-rate discounts on Internet access or internal connections for Year 4

• However, you have until July 1, 2002 to complete your efforts to fully implement CIPA



• Even after taking some initial action(s) to implement CIPA, schools and libraries have until October 28, 2001 to decide if they will or will not fully implement CIPA


What If I Choose NOT to Implement CIPA?

• Just don’t certify CIPA compliance on your Form 486

• You are still eligible to receive universal discounts on telecommunications services– Simply file a Form 486 for your

Telecommunications FRNs with the box for “CIPA does not apply” checked


What If I Choose NOT to Implement CIPA?

– If applicable, file a Form 500 cancelling the Internet Access and Internal Connections FRNs which you have received

• Be aware that such a decision may affect your ESEA Title III and LSTA funding


LSTA Funding Issues

• FY 2002 competitive grant program will not be subject to CIPA compliance

• In FY 2003, libraries will need to assure the IMLS that LSTA funds will be used in accordance with CIPA requirements

• LSTA funds may be used for CIPA compliance expenses (but request must meet all of the stated handbook criteria)


ESEA Title III Funding Issues

• TLCF* funds may be used for CIPA compliance expenses

• Cycle 4 funding not impacted by CIPA

• Cycle 5 funding appropriations will require that recipients be in compliance with CIPA

*Technology Literacy Challenge Fund


FCC Rules on CIPA

• Local authorities are best situated to choose which technology measures and Internet Safety Policies will be most appropriate for their relevant communities

• A school administrative authority must certify that its policy of Internet safety includes monitoring the online activities of minors


FCC Rules on CIPA

• Reimbursement for non-compliance shall be made directly by the school or library (not the service provider)

• All members of a consortium receiving discounts for Internet access and/or internal connections must submit signed certifications to the Billed Entity of each consortium on a new Form 479


FCC Rules on CIPA

• The Billed Entity must maintain a file of all Form 479 certifications

• The Billed Entity must certify on the Form 486 that it has received completed and signed certifications from all such members, and shall make such certifications available to the FCC or SLD upon request


FCC Rules on CIPA

• The Billed Entity is NOT responsible for verifying that members’ certifications are accurate

• The entire consortium will not be penalized due to the non-compliance of an individual member(s)

• CIPA makes no distinction between computers used only by staff vs. the public


What the FCC Rules Don’t Require

• E-rate applicants do not have to– certify the effectiveness of their filtering– track attempts to access prohibited material– further define prohibited material or actions– establish specific provisions to disable

protection measures for lawful research– post actual CIPA requirements– post text of their Internet safety policies


What the FCC Rules Don’t Require

• E-rate applicants do not have to– identify their technology protection vendors– post instructions on registering complaints


Court Actions

• ALA and ACLU lawsuits challenge the applicability of CIPA to libraries– May 15, 2001 ruling in U.S. District Court

requires libraries to indicate in PY4 that they are “evaluating their options”


Court Actions

• Why no lawsuits from schools?– Perhaps because schools have much greater

flexibility restricting free speech under the concept of “educational suitability”


Advice

• Schools, school districts, libraries and library consortia should seek the advice of legal counsel in an attempt to ensure that their actions are in compliance with the letter of the law(s)


Resource Sites

• Refer to the following web sites for additional information on CIPA:– http://library.state.ak.us/usf/home.cfm

– http://www.merit.edu/usf/govdocs.html#CIPA

– http://www.ala.org/cipa

– http://www.aclu.org/issues/cyber/trial/ appeal.html

– http://www.safewiredschools.org/040601.html

– http://www.dpi.state.wi.us/dlcl/pld/filtering.html

– http://www.merit.edu/usf/CIPADocs.html


Concluding Remarks

Laurie Taylor

Manager, Planning and Funding

Michigan Information Network

517.241.0572

[email protected]

Documents

Internet Filtering Requirements The Acts, Some Facts, and How It All Ties in with E-rate Laurie Taylor Michigan Information Network May 24, 2001