According to USAC, E-rate recipients "must enforce a policy of Internet safety and certify compliance with the Children's Internet Protection Act (CIPA) to be eligible for discounts..... To receive support for Internet Access, Internal Connections, Managed Internal Broadband Services, and Basic Maintenance services, school and library authorities must certify that they are enforcing a policy of Internet safety that includes measures to block or filter Internet access for both minors and adults to certain visual depictions. The relevant authority with responsibility for administration of the eligible school or library must certify the status of its compliance for the purpose of CIPA in order to receive universal service support."
For more information: http://usac.org/sl/applicants/step05/cipa.aspx and https://usac.org/sl/tools/news-briefs/preview.aspx?id=709
In order to satisfy CIPA requirements, libraries must have:
USAC lets each library decide what content should be blocked and how the filters will be set up and administered. All computers must be filtered, but policies should include the option for disabling the filters for adult (over 18) use.
When does CIPA not apply? CIPA does not apply if your application is only for telecommunications services and/or interconnected Voice over Internet Protocol (VoIP) services). It also does not apply to Data Transmission Services, dark fiber IRUs, or self-provisioned construction projects.
May 2018: USAC Webinar "Filing FCC Form 486" with information on filing the form as well as CIPA guidance (fast forward to 15:02 for information on CIPA, and then to 53:15 for audience questions on CIPA). Watch the webinar.
November 2, 2016: Webinar "Libraries, Filtering and Erate," with Maria Bernier from CSL and Mark Brochu from CEN. Read through the slides.
September 15, 2016: ALA Webinar "Filtering: The Man in the Middle," on E-rate, filtering, and cyber security, with staff from ALA's Office for Intellectual Freedom. Read through the slides.
June 14, 2016: Webinar "CIPA and E-rate: How to get free money for your Wifi Network and Internet Access,” with Maria Bernier from CSL and Scott Taylor from CEN. Read through the slides.
According to CIPA, a library that accepts E-rate funds to access the internet must enforce the use of a "technology protection measure" (AKA filter) on all of the library's computers and devices, including staff and adult computers. The library should have a procedure in place for authorized individuals to disable the internet filter upon request by an adult (patron or staff), without significant delay.
CIPA does NOT apply to patron-owned computers and devices. If your wifi is accessed only by patron-owned devices, never by any library-owned computers, devices, or phones, then CIPA requirements do not apply to the wifi network.
A library is CIPA-compliant as long as it makes a "good faith" effort to protect against access to internet materials that are obscene, child pornography, and, during use by minors under 17, "harmful to minors." The library (not the federal government or agency) determines what matter is inappropriate for minors.
Libraries cannot use E-rate funds to purchase filtering software or appliances.
According to CIPA, a library that accepts E-rate funds to access the internet must have 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--
The policy must address:
Child pornography: "Works that visually depict sexual conduct by children below a specified age" are not protected by the First Amendment and need not meet the Miller test for obscenity [see below] in order to be banned, as the harm targeted by child pornography is the sexual abuse of the children used to create the images.
Harmful to minors: 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; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
Minor: An individual who has not attained the age of 17.
Obscene: Materials that "depict or describe patently offensive hardcore sexual conduct," which "lacks serious literary, artistic, political, or scientific value." To determine if a particular work is obscene, a judge or jury must apply a three-part test, popularly called the Miller test, to the work in question. The questions the judge or jury must ask include:
The stringent standard established by the Miller test extends First Amendment protection to most sexually explicit expression. Materials many consider "pornographic" or "indecent" do not meet the standard for obscene material and are thus fully protected by the First Amendment. For example, in Jenkins v. Georgia, the Supreme Court emphasized that "nudity alone is not enough to make material legally obscene under the Miller standards."
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