CIPA Filtering for Libraries (Not Schools) Overturned
Message Posted June 5, 2002
A three judge panel in Philadelphia has overturned provisions of the Children's Internet Protection Act (CIPA) that requires libraries receiving E-Rate discounts to filter Internet service. The ruling is based on lawsuits that had challenged the law on the basis that filters would prevent access to material that is constitutionally protected under the First Amendment. Information on this ruling can be found on the ALA Web Site at http://www.ala.org/cipa.
It is important to note that the ruling does not address the portion of CIPA that requires Internet Safety policies, nor does it overturn the filtering requirements for schools.
Pending further instructions from the SLD, we would recommend the following:
Schools should proceed on the assumption that the court ruling has no impact on their CIPA compliance and E-Rate filing requirements.
Libraries, planning not to filter their Internet services, should temporarily delay filing Form 486's for FY 2002 funding until additional instructions are received from the SLD. Since the earliest possible deadline for filing Form 486's is October 29, 2002, there is no reason to file until additional guidance is provided.
Library consortia, which may be concerned about the time required to collect Form 479s from all members before filing their Form 486s, should proceed with their collection process (assuming until told differently, that CIPA compliance will be interpreted as suggested above).
The SLD is working closely with FCC staff on how the court's decision will affect SLD's treatment of libraries' discounts and will be posting information to their web site as soon as it becomes available.
thanks
geoff
Geoff Craven
Central Susquehanna Intermediate Unit on behalf of
Julie Tritt Schell
Office of Educational Technology
Pennsylvania Department of Education
Geoff Craven
CSIU Technology Group
PO Box 213
Lewisburg, PA 17837
570-523-1155
www.csiu-technology.org
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