CIPA Requirements and the E-Rate

The e-rate is a government program intended to support the efforts of schools (and libraries) to provide access to the Internet. The level of subsidy is determined by the proportion of students receiving free or reduced cost lunch - a measure of the proportion of students from low income homes.

To qualify for e-rate funds, schools must now satisfy the requirements of the Children’s Internet Protection Act (CIPA). CIPA is designed to assure that schools take steps to protect students from inappropriate uses of the Internet.

CIPA mandates three specific tasks. Schools must:

  • create an Internet safety policy,
  • implement "technology-blocking measures" to prevent students from accessing inappropriate material, and
  • conduct an open public meeting to discuss the Internet safety policy.

The Internet policy is expected to address:

  • access to inappropriate web material
  • safety and security issues in all forms of on-line communication,
  • inappropriate disclosure of personal information,
  • unlawful activities such as hacking, and
  • measures taken to restrict access to "harmful materials.

The following is a direct quote (http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc)

HARMFUL TO MINORS.--The term "harmful to minors'' means any picture, image, graphic image file, or other visual depiction that--

  • taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
  • 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
  • taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

The reliance on Internet filtering systems (firewalls, filtering software installed on individual computers) has generated a good deal of controvery (see http://www.ala.org/cipa/).

  • Some see the requirements as a violation of first amendment rights
  • Screening software is problematic in that it can be overly restrictive and cannot provide complete protection.- Note - the law does allow the filtering protection to be turned off for specific research activities.
  • The interpretation of "harmful to minors" is somewhat ambiguous and could result in disputes related to the "literary, artisitic, political, or scientific value" of a great deal of Internet material.

In May of 2002, the library requirement for Internet filterning was declared "facially invalid" by a three-judge panel. At this time it is uncertain what the implications are for schools.

6/6/02