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

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Presentation on theme: "Internet Filtering Requirements The Acts, Some Facts, and How It All Ties in with E-rate Laurie Taylor Michigan Information Network May 24, 2001."— Presentation transcript:

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

2 Michigan Information Network2 Background on CIPA CIPA = Childrens 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

3 May 24, 2001Michigan Information Network3 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)

4 May 24, 2001Michigan Information Network4 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 Childrens Internet Protection Act (N-CIPA)

5 May 24, 2001Michigan Information Network5 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)

6 May 24, 2001Michigan Information Network6 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

7 May 24, 2001Michigan Information Network7 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)

8 May 24, 2001Michigan Information Network8 PA 455 An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.

9 May 24, 2001Michigan Information Network9 PA 7 Amended section 2 of PA 455 (MCL 397.602) Basically, defines library and library record

10 May 24, 2001Michigan Information Network10 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

11 May 24, 2001Michigan Information Network11 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

12 May 24, 2001Michigan Information Network12 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:

13 May 24, 2001Michigan Information Network13 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.

14 May 24, 2001Michigan Information Network14 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.

15 May 24, 2001Michigan Information Network15 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:

16 May 24, 2001Michigan Information Network16 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.

17 May 24, 2001Michigan Information Network17 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

18 May 24, 2001Michigan Information Network18 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.

19 May 24, 2001Michigan Information Network19 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.

20 May 24, 2001Michigan Information Network20 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:

21 May 24, 2001Michigan Information Network21 CIPA Requirements Obscene Child pornography Harmful to minors Other material deemed locally to be inappropriate for minors Minor = An individual who has not attained the age of 17 Note: CIPA does allow adults to view visual depictions considered harmful to minors, but not obscene or child pornography visual depictions

22 May 24, 2001Michigan Information Network22 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

23 May 24, 2001Michigan Information Network23 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

24 May 24, 2001Michigan Information Network24 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

25 May 24, 2001Michigan Information Network25 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

26 May 24, 2001Michigan Information Network26 But What About PA 212? In Michigan, you must comply with PA 212 whether or not you apply for E-rate funds.

27 May 24, 2001Michigan Information Network27 But What About PA 212? 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

28 May 24, 2001Michigan Information Network28 But What About PA 212? –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.

29 May 24, 2001Michigan Information Network29 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

30 May 24, 2001Michigan Information Network30 CIPA and PA 212 Compliance –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 protected from viewing visual depictions that are obscene or child pornography; 2) CIPA does not require that verbal or performance material be blocked from minors or adults.

31 May 24, 2001Michigan Information Network31 CIPA and PA 212 Compliance –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

32 May 24, 2001Michigan Information Network32 CIPA and PA 212 Compliance –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.

33 May 24, 2001Michigan Information Network33 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

34 May 24, 2001Michigan Information Network34 CIPA Impact on E-rate Year 4 –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

35 May 24, 2001Michigan Information Network35 CIPA Impact on E-rate Year 4 –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

36 May 24, 2001Michigan Information Network36 CIPA Impact on E-rate Year 4 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

37 May 24, 2001Michigan Information Network37 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

38 May 24, 2001Michigan Information Network38 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

39 May 24, 2001Michigan Information Network39 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

40 May 24, 2001Michigan Information Network40 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.

41 May 24, 2001Michigan Information Network41 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)

42 May 24, 2001Michigan Information Network42 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 FCCs regulations Research the different technology protection measures available

43 May 24, 2001Michigan Information Network43 Things You Can Do to Get Started Develop a draft RFP to obtain technology protection measures Develop a draft Internet Safety Policy for discussion at a public meeting –Should follow the states Open Meetings law MCL 15.261 (March 31, 1977) Determine if your existing Internet Safety Policy already meets CIPA requirements

44 May 24, 2001Michigan Information Network44 Things You Can Do to Get Started 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

45 May 24, 2001Michigan Information Network45 Things You Can Do to Get Started 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

46 May 24, 2001Michigan Information Network46 What If I Choose NOT to Implement CIPA? Just dont 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

47 May 24, 2001Michigan Information Network47 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

48 May 24, 2001Michigan Information Network48 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)

49 May 24, 2001Michigan Information Network49 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

50 May 24, 2001Michigan Information Network50 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

51 May 24, 2001Michigan Information Network51 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

52 May 24, 2001Michigan Information Network52 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

53 May 24, 2001Michigan Information Network53 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

54 May 24, 2001Michigan Information Network54 What the FCC Rules Dont 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

55 May 24, 2001Michigan Information Network55 What the FCC Rules Dont Require E-rate applicants do not have to –identify their technology protection vendors –post instructions on registering complaints

56 May 24, 2001Michigan Information Network56 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

57 May 24, 2001Michigan Information Network57 Court Actions Why no lawsuits from schools? –Perhaps because schools have much greater flexibility restricting free speech under the concept of educational suitability

58 May 24, 2001Michigan Information Network58 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)

59 May 24, 2001Michigan Information Network59 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

60 May 24, 2001Michigan Information Network60 Concluding Remarks Laurie Taylor Manager, Planning and Funding Michigan Information Network 517.241.0572 taylorL4@state.mi.us


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