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 Network
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 , Sections
Goes into effect July 1, 2001
May 24, 2001
Michigan Information Network

3. Michigan Information Network
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)
May 24, 2001
Michigan Information Network

4. Michigan Information Network
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)
May 24, 2001
Michigan Information Network

5. Michigan Information Network
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”)
May 24, 2001
Michigan Information Network

6. Michigan Information Network
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
May 24, 2001
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7. Michigan Information Network
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)
May 24, 2001
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8. Michigan Information Network
PA 455
“An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.”
May 24, 2001
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9. Michigan Information Network
PA 7
Amended section 2 of PA (MCL )
Basically, defines “library” and “library record”
May 24, 2001
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10. Michigan Information Network
PA 37
Amended section 2 of MCL 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
May 24, 2001
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11. Michigan Information Network
PA 37
“Sexually explicit matter” defined as that definition provided in Act 33 of 1978 (MCL )
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
May 24, 2001
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12. Michigan Information Network
PA 37
Also added section 6 to MCL 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:
May 24, 2001
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13. Michigan Information Network
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.
May 24, 2001
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14. Michigan Information Network
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.
May 24, 2001
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15. Michigan Information Network
PA 212
Focus is on minors only, not adults
Amended section 6 of MCL 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:
May 24, 2001
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16. Michigan Information Network
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.
May 24, 2001
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17. Michigan Information Network
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
May 24, 2001
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18. Michigan Information Network
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.
May 24, 2001
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19. Michigan Information Network
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.
May 24, 2001
Michigan Information Network

20. Michigan Information Network
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:
May 24, 2001
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21. Michigan Information Network
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
May 24, 2001
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22. Michigan Information Network
CIPA Requirements
For E-rate fund applicants only, requires other safety and security measures for minors (as called for in N-CIPA) re:
Chat rooms
Other direct electronic communications (e.g., Instant Messaging)
“Hacking” and other unlawful online activities
Unauthorized disclosure of personal ID info on minors
May 24, 2001
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23. Michigan Information Network
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
May 24, 2001
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24. Michigan Information Network
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
Internet Safety Policy provides means for community to express their feelings/views on the measures being taken re CIPA.
Schools belonging to an ISD or RESA sign the Form 479 and turn it into the ISD or RESA, who then files with the SLD.
Individual libraries that are part of a consortia file a Form 479 and turn into their consortium leader who then files it with the SLD.
The Internet Safety Policy (also referred to as “Acceptable Use Policy”) should be part of Student Handbook and re-signed each year. It should be a “living “ document. However, it is school district policy that determines this.
Visit for samples of AUPs and how to approach.
May 24, 2001
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25. Michigan Information Network
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
May 24, 2001
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26. Michigan Information Network
But What About PA 212?
In Michigan, you must comply with PA 212 whether or not you apply for E-rate funds.
May 24, 2001
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27. Michigan Information Network
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
May 24, 2001
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28. Michigan Information Network
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.
May 24, 2001
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29. Michigan Information Network
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
May 24, 2001
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30. Michigan Information Network
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.
May 24, 2001
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31. Michigan Information Network
CIPA and PA 212 Compliance
3) implement other safety measures for minors with regards to , Chat rooms, Other e-coms, Hacking, and Unauthorized disclosure of personal ID info on minors, AND
The “N-CIPA” piece
May 24, 2001
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32. Michigan Information Network
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.
May 24, 2001
Michigan Information Network

33. 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
May 24, 2001
Michigan Information Network

34. 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 about filtering probably does NOT qualify as “taking action”
May 24, 2001
Michigan Information Network

35. 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
May 24, 2001
Michigan Information Network

36. 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
May 24, 2001
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37. Michigan Information Network
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
May 24, 2001
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38. Michigan Information Network
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
May 24, 2001
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39. Michigan Information Network
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
May 24, 2001
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40. Michigan Information Network
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.
May 24, 2001
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41. Michigan Information Network
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)
May 24, 2001
Michigan Information Network

42. 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
May 24, 2001
Michigan Information Network

43. 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 state’s Open Meetings law
MCL (March 31, 1977)
Determine if your existing Internet Safety Policy already meets CIPA requirements
May 24, 2001
Michigan Information Network

44. 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
May 24, 2001
Michigan Information Network

45. 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
May 24, 2001
Michigan Information Network

46. 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
May 24, 2001
Michigan Information Network

47. 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
May 24, 2001
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48. Michigan Information Network
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)
May 24, 2001
Michigan Information Network

49. 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
May 24, 2001
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50. Michigan Information Network
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
May 24, 2001
Michigan Information Network

51. Michigan Information Network
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
May 24, 2001
Michigan Information Network

52. Michigan Information Network
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
May 24, 2001
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53. Michigan Information Network
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
May 24, 2001
Michigan Information Network

54. 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
May 24, 2001
Michigan Information Network

55. What the FCC Rules Don’t Require
E-rate applicants do not have to
identify their technology protection vendors
post instructions on registering complaints
May 24, 2001
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56. Michigan Information Network
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”
May 24, 2001
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57. Michigan Information Network
Court Actions
Why no lawsuits from schools?
Perhaps because schools have much greater flexibility restricting free speech under the concept of “educational suitability”
May 24, 2001
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58. Michigan Information Network
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)
May 24, 2001
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59. Michigan Information Network
Resource Sites
Refer to the following web sites for additional information on CIPA:
appeal.html
May 24, 2001
Michigan Information Network

60. Manager, Planning and Funding Michigan Information Network
Concluding Remarks
Laurie Taylor
Manager, Planning and Funding
Michigan Information Network
May 24, 2001
Michigan Information Network