Cybertelecom Federal Internet Law & Policy An Educational Project

CIPA Reference

Legislation

Text of CIPA Pub. L. No. 106-554

Legislative History

• In the 106th Congress, Sen. John McCain introduced S 97 Children's Internet Protection Act.  The Act was considered by the Senate Commerce Committee and voted favorably to the floor of the Senate for vote.  However, believing that there was insufficient support for passage, the proposed legislation was never called for a vote.  As the 106th Congress came to a close in the Fall of 2000, it became clear that Congress and President Clinton had reached an impasse on the Federal Budget.  The target date of October 2000 for Congressional adjournment came and went.  Congress finally recessed for the election, determining that it would have to return for a lame duck session to resolve the budget issues.  In December, as the Courts wrangled with the results of the 2000 election, Congress resumed its wrangling of the budget.  People were aware and concerned about what riders and amendments might be attached to budget proposals that may become law with little public scrutiny or debate.  In order to bring Congress to a close and get home for the holidays, Congress created an omnibus budget bill to resolve all outstanding budgetary issues.  This large piece of legislation included several unrelated proposals, including the Children's Internet Protection Act (CIPA).
• CIPA Pub. L. No. 106-554, 114 Stat. 2763A—335, Sec. 1701
• 106-141 Children's Internet Protection Act; Report of The Committee on Commerce, Science, And Transportation On S. 97 (Aug. 5, 1999)
• Hearing on Protecting Children from Obscenity on the Internet Before the House Comm. on Commerce, 105th Cong. 1, 2 (Sept. 11, 1998)
• Cong Report 105-1033
• 105-226 Internet Filtering Systems: Report to the Committee on Commerce, Science, and Transportation on S.1619 (JUNE 25, 1998)

Summary and Status of S. 97. Text of S. 97

Deleting Online Predators Act of 2006 (proposed but not enacted, would have required blocking access to social network sites)

The Broadband Data Improvement Act Title II: Protecting Children in the 21st Century Act, passed in the fall of 2008, added a new educational requirement to CIPA

Federal Action

• H.CON.RES.88 : Expressing the sense of Congress that the Children's Internet Protection Act is constitutional as it applies to public libraries, House 3/21/03
• 10:00 a.m. in 2322 Rayburn House Office Building The Subcommittee on Telecommunications and the Internet has scheduled a hearing for Wednesday, April 4, 2001 at 10:00 a.m. in 2322 Rayburn House Office Building. This hearing will focus on "E-Rate and Filtering: a Review of the Children's Internet Protection Act." Witnesses will be by invitation only., Cong 4/04/01

Regulatory Proceedings

• MODERNIZING THE E-RATE PROGRAM FOR SCHOOLS AND LIBRARIES.   Initiated a thorough review and update of the E-rate program to focus on 21st century broadband needs of schools and libraries. (Dkt No.  13-184 ). Action by:  the Commission. Comments Due:  09/16/2013. Reply Comments Due:  10/16/2013. Adopted:  07/19/2013 by NPRM. (FCC No. 13-100).  WCB  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A1.docx
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A2.pdf
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A3.pdf
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A4.pdf
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A1.pdf
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A1.txt
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A2.txt
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A3.txt
  http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-13-100A4.txt
• Released:  11/14/2012.  WIRELINE COMPETITION BUREAU PROVIDES GUIDANCE FOR SCHOOLS IMPLEMENTING THE PROTECTING CHILDREN IN THE 21ST CENTURY ACT. (DA No.  12-1836). (Dkt No 02-6 09-51 ).  WCB . Contact:  Cara Voth at 7400, 0484 TXT [See CIPA]
• 8/11/11 Children's Internet Protection Act (CIPA) Report and Order: The Commission released a Report and Order clarifying the current CIPA rules and requiring E-rate recipient schools, per the Protecting Children in the 21st Century Act, to certify that they have updated their Internet safety policy to include provisions for educating minors about interacting social networking websites and cyberbullying awareness. FCC 11-125 Report and Order: Word | Acrobat
• Erate: CIPA: Protecting Children in the 21st Century Act Docket 02-6. Comments Due Feb 24 Replies Due Mar 12. Comments can be filed at FCC ECFS.
  • Schools and Libraries Universal Service Support Mechanism, A National Broadband Plan for Our Future, CC Docket No. 02-6, GN Docket No. 09-51, Report and Order, 26 FCC Rcd 11819 (2011)
  • ERRATUM - SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM, A NATIONAL BROADBAND PLAN FOR OUR FUTURE. Issued an Erratum correcting Report and Order, FCC 11-125, released August 11, 2011. (Dkt No. 02-6 09-51 ). Action by: Chief, Wireline Competition Bureau by ERRATUM. WCB http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309203A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309203A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309203A1.txt
  • SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM.   Proposed revising the FCC rules regarding the schools and libraries universal service support mechanism, also known as the E-rate program, to comply with the requirements of the Protecting Children in the 21st Century Act. (Dkt No.  02-6 ). Action by:  the Commission. Adopted:  11/04/2009 by NPRM. (FCC No. 09-96).  WCB
  • 1. In this notice of proposed rulemaking (NPRM), we propose revising the Federal Communications Commission's (Commission) rules regarding the schools and libraries universal service support mechanism, also known as the E-rate program, to comply with the requirements of the Protecting Children in the 21st Century Act.1 Among other things, section 215 of the Protecting Children in the 21st Century Act, titled Promoting Online Safety in Schools, revised section 254(h)(5)(B) of the Communications Act of 1934, as amended (the Act),2 by adding a new certification requirement for elementary and secondary schools that have computers with Internet access and receive discounts under the E-rate program.3 We also propose to revise related Commission rules to reflect existing statutory language more accurately.
  • 3. Among other things, the Protecting Children in the 21st Century Act revised section 254(h)(5)(B) of the Act by adding a new certification for elementary and secondary schools that have computers with Internet access and receive discounts under the E-rate program.9 In addition to the existing CIPA certifications required of schools in section 254(h)(5) of the Act, the Protecting Children in the 21st Century Act requires the school, school board, local educational agency, or other authority with responsibility for administration of the school to certify that it "as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response."10
  • 4. We seek comment on revising section 54.520(c)(i) of the Commission's rules to include the new certification requirement added by the Protecting Children in the 21st Century Act. We propose to revise section 54.520(c)(i) to add a certification provision that a school's Internet safety policy must include educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.11 We seek comment on this proposal.
  • 5. In addition, we tentatively conclude that a recipient of E-rate funding for Internet access and internal connections should be required to certify, on its FCC Form 486 for funding year 2010, that it has updated its Internet safety policy to include plans for educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response, as required by the Protecting Children in the 21st Century Act. We note that the next opportunity for applicants to certify to the CIPA requirements, including this new certification, would be on the FCC Form 486 for funding year 2009, which would typically be filed after the start of the 2009 funding year (i.e., after July 1, 2009).12 Schools may, however, require additional time to amend their Internet safety policies and implement procedures to comply with the new requirements after the completion of this rulemaking proceeding. In addition, we note that Congress did not set a timeframe for implementation of the new certification. We seek comment on this tentative conclusion.
  • see additional rule revisions
  • Released: 02/16/2010. Comment Sought On Notice Of Proposed Rulemaking Regarding The E-Rate Program And Compliance With The Protecting Children In The 21st Century Act. (Da No. 10-248). (Dkt No 02-6 ) Granted Extensions Of Comment And Reply Comment Dates. Comments Due: 02/25/2010. Reply Comments Due: 03/12/2010. WCB . Contact: Regina Brown at 7400, 0484 TXT
  • Public Notice: The Commission released the Second Report and Order and Further Notice of Proposed Rulemaking (FCC 03-101) regarding the schools and libraries universal service support mechanism. The Order implements various streamlining measures, such as making voice mail an eligible service, clarifying the definition of "educational purposes," and debarring from the program applicants, service providers, and others that defraud the program. The FNPRM seeks comment on further improvements to the program. Released on 4/29/03. FCC 03-101, CC 02-6. Word
  • Protecting Children in the 21 st Century Act, Pub. L. No. 110-385, Title II, 122 Stat. 4096 (2008)
  • FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE/CHILDREN'S INTERNET PROTECTION ACT. Adopted measures to ensure that our implementation of the Children's Internet Protection Act (CIPA) complies with the recent decision of the United States Supreme Court. (Dkt No. 96-45). Action by: the Commission. Adopted: 07/23/2003 by ORDER. (FCC No. 03-188). WCB, FCC 7/25/03
  • Released: 06/30/2003. STATUS OF CIPA FILTERING RULES FOR LIBRARIES FOLLOWING SUPREME COURT DECISION. (DA No. 03-2117). (Dkt No 96-45). WCB. FCC 6/30/03

In the Matter of Federal-State Joint Board on Universal Service - Children's Internet Protection Act

EXECUTIVE SUMMARY Order

3. In this Order, we adopt rules that do the following:

• In order to receive discounts for Internet access and internal connections services under the universal service support mechanism, 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.  These include visual depictions that are (1) obscene, or (2) child pornography, or, with respect to use of computers with Internet access by minors, (3) harmful to minors.  An authorized person may disable the blocking or filtering measure during any use by an adult to enable access for bona fide research or other lawful purpose.
• A school administrative authority must certify that its policy of Internet safety includes monitoring the online activities of minors.
• In order to receive discounts, school and library authorities must also certify that they have adopted and implemented an Internet safety policy addressing (i) access by minors to inappropriate matter on the Internet and World Wide Web; (ii) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (iii) unauthorized access, including so-called "hacking," and other unlawful activities by minors online; (iv) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (v) measures designed to restrict minors' access to materials harmful to minors.
• For this funding year, schools and libraries must certify by October 28, 2001 that they have the policies and technology measures in place, or that they are undertaking such actions, including any necessary procurement procedures, to put them in place for the following funding year.  Because no school or library may receive services at discount rates during any time period in which it is out of compliance with its certification, as of the time that a school or library begins receiving services in Funding Year 4, it must either have the policies and technology measure in place, or be undertaking necessary actions to put them in place for the next year.
• Schools and libraries shall make the necessary certifications in FCC Form 486, which is submitted after a decision is made on requests for discounts under the universal service support mechanism.

Released 1/23/01 Dkt No. CC-96-45 Codified as 47 CFR 54.520.

FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE CHILDREN'S INTERNET PROTECTION ACT. Adopted rules proposed in the Further Notice of Proposed Rulemaking, to implement the Children's Internet Protection Act. (Dkt No. 96-45). Action by: Commission. Adopted: 03/30/2001 by Report &Order. (FCC No. 01-120). CCB

Notice of Proposed Rulemaking 1/23/01

Fed Reg Notice 1/31/01

Litigation

June 2003 US Supreme Court Upholds CIPA

• US Supreme Court Decision US v. American Library Association, No. 02-361 (Decided June 23, 2003)
• "When the Government appropriates public funds to establish a program, it is entitled to broadly define that program's limits. Rust v. Sullivan, 500 U. S. 173, 194. As in Rust, the Government here is not denying a benefit to anyone, but is instead simply insisting that public funds be spent for the purpose for which they are authorized: helping public libraries fulfill their traditional role of obtaining material of requisite and appropriate quality for educational and informational purposes. Especially because public libraries have traditionally excluded pornographic material from their other collections, Congress could reasonably impose a parallel limitation on its Internet assistance programs."
• Photographs from the Supreme Court by Declan

Note that this was a "facial challenge" to CIPA (That CIPA is unconstitutional on its face - there would be no constitutional application of the statute). This leaves room for a challenge to CIPA "as applied."
CIPA is a condition on federal funding, as opposed to a restriction on speech.
Libraries in general do not subscribe to pornography.
Adult users can disable the filters.

June 20, 2002 US DOJ Appeals District Court Decision to US Supreme Court.

May 31, 2002.  Pennsylvania District Declares CIPA Unconstitutional.   Court Decision  |  Statement of the USAC (concluding that the NCIPA still applies to libraries and must be complied with, and that CIPA still applies to schools) |

• FCC Releases CIPA Order, USAC 7/3/02
• FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE; CHILDREN'S INTERNET PROTECTION ACT. Adopted interim measures to ensure that our implementation of the Children's Internet Protection act (CIPA) complies with the recent decision issued by a three-judge panel in the United States District Court for the Eastern District of Pennsylvania. (Dkt No. 96-45). Action by: The Commission. Adopted: 06/28/2002 by ORDER. (FCC No. 02-196). WCB, FCC 7/3/02
• See USAC July 1 statement implementing new FCC Order. June 28, 2002 (claiming that NCIPA still applies)

On March 20, 2001, the ACLU, the ALA, and a collection of other plaintiffs (see list of ACLU Plaintiffs) filed suit in the Federal Eastern District Court of Pennsylvania.  CIPA calls for expedited legal review.  According to Sec. 1741, any constitutional challenge to the CIPA will be heard by a 3 judge federal district court panel.  Any appeal of that decision shall be reviewable directly to the Supreme Court. CIPA Sec. 1741.  The named defendants are the United States, the Federal Communications Commission, (responsible for the e-rate program), and the Institute of Museum and Library Services.

ACLU Press Release Dec 18, 2000. ALA Press Release Jan 2001

ACLU Press Release 03/20/2001 | ACLU Complaint | ALA Press Release 02/20/2001| ALA Complaint |
| Family Research Council Press Release FRC to Defend Internet Porn Filtering Bill 3/20 | Statement Sen McCain Mar 20, 2001

See ACLU Press Release Dec 18, 2000; ALA Press Release Jan 2001.

Press Release: ACLU Responds to Confusion Over Library Blocking Software Law; Seeks December Trial Date in Legal Challenge  FOR IMMEDIATE RELEASE Wednesday, May 17, 2001
ALA Letter of April 18, 2001
ALA Letter of May 18, 2001. Clarifying compliance and deadlines.
May 14 Letter from USDOJ
May 16 Letter from ALA Legal Counsel on CIPA E-rate Clarification and Litigation Schedule

Mainstream Loudoun v. Bd. Of Trustees of Loudoun County Library, 24 F. Supp.2d 552 (E.D.Va. 1998), in which that library's use of Internet filtering software was declared unconstitutional

News

• Companies Combine URL Filter, Proxy Blocking for CIPA Compliance, eWeek 4/3/2007
• Libraries get a break on Net filters, CNET 7/25/03
• US porn-filter law upheld, BBC 6/24/03
• Court OKs anti-porn filters in libraries, CNN 6/24/03
• Supreme Court OKs Net filters, CNET 6/24/03
• A Ruling in Need of Filtering, Wash Post 6/24/03
• Many libraries will skip grants to avoid using Net filters, Mercury 6/24/03
• Silver Lining In Web Filter Decision, InternetNews 6/24/03
• CIPA Porn Law Appeal, Internet News 2/14/03
• CIPA to the Supremes MSNBC 11/12/02
• Supreme Court to Hear Web Porn Case Wash Post 11/12/02
• Library Net Filter Ruling Was Correct, USA Today 6/28/02
• Bush: Bring Back Library Filters, WIRED 6/24/02
• Government Appeals 'Net Filtering Ruling, Wash Post 6/20/02
• Government Appeals 'Net Filtering Ruling, Wash Post 6/20/02
• U.S. Asks High Court To Overturn Porn Ruling, AP 6/20/02
• ITAA Hails Internet Filter Ruling, FCW 6/5/02
• U.S. appeals porn ruling, USA Today 6/20/02
• CIPA Internet Porn Law Tossed Out, Internet News 5/31/02
• Library Net Porn Filters Shot Down, Register 5/31/02
• Federal judges reject online porn law, MSNBC 5/31/02
• Court overturns library filtering law, CNET 5/31/02
• Net filtering law overturned, USA Today 5/31/02
• Judges Strike Down Internet Porn Filters, Wash Tech 5/31/02
• Court Won't Dismiss Net Porn Law Challenge, CNN 7/30/01
• Court Won't Dismiss Internet Porn Law Challenge, Reuters 7/27/01
• Judges weigh freedom of speech, child protection in Internet library suits, Nando 7/24/01

Timeline

Papers

• Potential legal challenges to the application of the Children's Internet Protection Act (CIPA) in public libraries:, First Monday 2/10/2004
• Steven Hinckley, Your Money or Your Speech: The Children's Internet Protection Act and the Congressional Assault on the First Amendment in Public Libraries, SSRN 6/24/03
• Internet Blocking in Public Schools, Electronic Fronteir Foundation (2003) "The Electronic Frontier Foundation (EFF) and the Online Policy Group (OPG) have cooperated to study and analyze the accessibility on the web of information related to state-mandated curriculum topics within public schools that operate Internet blocking software. This study measures the extent to which blocking software impedes the educational process by restricting access to web pages relevant to the required curriculum."
• CIPA and PA212 by Laurie Taylor of the Office of the Michigan Information Network
• By Bob Bocher, Library Technology Consultant, Wisconsin Department of Public Instruction
• Presented at the June 2001 Merit Annual Meeting by Cynthia B. Faulhaber and Kathryn L. Ossian, principals in the firm of Miller, Canfield, Paddock and Stone, P.L.C
• Elizabeth M. Shea, The Children's Internet Protection Act of 1999: Is Internet Filtering Software the Answer? Seton Hall Legislative Journal 1999 24 Seton Hall Legis. J. 167

News

• Judges Blast Library Filtering, WIRED 4/5/02
• Judges weigh library Net filters, MSNBC 4/5/02
• Judges end library Net porn trial on skeptical note, USA Today 4/5/02
• Judges end porn trial on skeptical Note, CNN 4/5/02
• Govt. Witnesses Wrap Up First Week Of Filtering Trial, Wash Tech 4/1/02
• Librarians Speak At Web Filter Trial, ABC 3/27/02
• Porn-Filter Trial Gets Raunchy, Wired 3/27/02
• Expert: Porn filters bound to fail, MSNBC 3/27/02
• Net filters fail the children, BBC 3/27/02
• Librarians argue against Net filtering, CNET 3/27/02
• Net Filtering Challenge Gets Day In Court, USA Today 3/25/02
• Law Limiting Internet in Libraries Challenged, NYT 3/25/02
• Internet Filtering Technology Put to Legal Test, Newsfactor 3/25/02
• Court to hear Net filtering challenge, CNET 3/25/02
• Effectiveness of Internet Filtering Software Products, ABA 3/27/02
• San Francisco Libraries Defy Internet Filtering Law, Washtech 10/5/01
• FCC: School, Library Filters By July 2002, Newsbytes 4/7/01
• Feds Post Indecent Material, Wired 4/7/01
• EFF Plans Nationwide Protest Of Blocking Law, Newsbytes 4/2/01
• Groups To File Suit Over Web-Filtering Law, Newsbytes 3/19/01
• Critics: Internet Filters Censor Speech, NYT 3/19/01
• Lawsuits slam Net filtering efforts, CNET 3/21/01
• Suits expected to fight Net filtering law, CNET 3/21/01
• Curbs on Web Access Face Attack, Washtech 3/21/01
• Library Smut Snit Heats Up, Wired 3/21/01
• Libraries: Filter Out Filters, Wired 3/21/01
• Parents The Best Web Filters For Children, CSM 3/23/01
• Law requiring Web filters at schools, libraries faces challenges, Nando 3/16/01
• Congress' Censorware Boondoggle by Jonathan Wallace Ethical Spectacle
• Advocates take both sides of Net filtering law, CNET 2/23/01
• Web filters far from perfect, Consumer Reports says, Nando 2/15/01
• Net filters strain to block sites, CNET 2/15/01
• Consumer Reports on Internet Filters, CR 2/15/01
• Report: Net filters don't work, USAToday 2/15/01
• Filtering Software Is Not Up to Snuff, IN 2/15/01
• Civil Liberties Groups Urge FCC To Stay Out Of Net Filtering, Washtech 2/16/01
• Brief: Library association plans suit over filtering Jan 19 nwfusion
• Congress Passes Net Filtering Bill Dec 20 USAToday
• ACLU Fights Filtering Software Dec 20 97
• EFF McCain-Istook-Santorum-Pickering Revised Draft Internet Filter Amendment to the 2001 Labor-HHS-Education Appropriations Bill, H. R. 4577
• Group unveils program to disable Web filters Dec 18 cnet
• ACLU Promises Legal Challenge as Congress Adopts Bill Imposing Internet Blocking in Libraries Dec 18 aclu
• New Software Blocks Online Filtering Programs Dec 18 washtech
• The Childrens' Internet Protection Act  Filtering the Future?: Software Filters, Porn, PICS, and the Internet Content Conundrum  by Christopher D. Hunter
• Senate OKs two plans to monitor Internet activity in schools TechServer 6/28

McCain Press Release COMMITTEE CLEARS CHILDREN'S INTERNET PROTECTION ACT 6/99
ACLU Calls for 'Reality Check,' s Another Internet Censorship Bill Is Introduced 3/99
Senators introduce Children's Internet Protection Act Freedom Forum 1/26/99