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Children's Internet Protection Act
Overview
The Children's Internet Protection Act (CIPA) was signed into law on December
21, 2000. Under CIPA, no school or library may receive discounts unless
it certifies that it is enforcing a policy of Internet safety that includes
the use of filtering or blocking technology (see below). This Internet
Safety Policy must protect against access, through computers with Internet
access, to visual depictions that are obscene, child pornography, or (in
the case of use by minors) harmful to minors. The school or library must
also certify that it is enforcing the operation of such filtering or blocking
technology during any use of such computers by minors. The law is effective
for Funding Year 4 (07/01/2001 to 06/30/2002) and for all future years.
Schools and libraries receiving only Telecommunications Services are excluded
from the requirements of CIPA.
For the first
Funding Year (Funding Year 4 for Year 4 applicants), applicants must certify
on their Form 486 either that they are in compliance with CIPA, or that
they are undertaking actions to put into place an Internet Safety Policy
and to procure the filtering or blocking technology. For the second year
(for most applicants, Funding Year 5), they must certify on their Form
486 that they are in compliance with CIPA in order to receive universal
service discounts. However, if state or local procurement rules or regulations
or competitive bidding requirements prevent the making of the required
CIPA certifications, applicants may seek a waiver and provide notification
that they will be in compliance before the start of the third Funding
Year (for most applicants, Funding Year 6.) In general, local communities
are responsible for determining what constitutes prohibited material and
appropriate actions by schools and libraries.
Appropriate
certification for "undertaking actions"
Here is the appropriate certification for "undertaking actions"
from the FCC Order released April 5, 2001:
I certify
that, as of the date of the start of discounted services, ... pursuant
to the Children's Internet Protection Act, as codified at 47 U.S.C. §
254(h) and (l), the recipient(s) of service represented in the Funding
Request Number(s) on this Form 486 is (are) undertaking such actions,
including any necessary procurement procedures, to comply with the requirements
of CIPA for the next funding year, but has (have) not completed all requirements
of CIPA for this funding year.
Note that
the certification applies to the start date of discounted services. This
language allows the Billed Entity to certify on or before October 28,
2001, that this certification applies back to a Service Start Date as
early as July 1, 2001, the first day of Funding Year 4. It also means
that recipients of service must have undertaken action toward compliance
with CIPA by the Service Start Date.
Note that
actions undertaken to comply with CIPA must occur on or before the start
of services. For services starting on July 1, 2001, the first day in Funding
Year 4, such an action must have occurred on or before that date in order
for discounts to be paid back to that date. The certification of "undertaking
actions" must be made on a Form 486 by October 28, 2001 for services
starting on or before October 28, 2001.
Compliance
with the requirements of CIPA
"Undertaking such actions" refers to actions related to implementation
of the CIPA requirements that should be in place for Year 5. These requirements
are:
1. Technology
Protection Measure
A Technology
Protection Measure is a specific technology that blocks or filters Internet
access. It must protect against access by adults and minors to visual
depictions that are obscene, child pornography, or - with respect to use
of computers with Internet access by minors - harmful to minors. It may
be disabled for adults engaged in bona fide research or other lawful purposes.
For schools, the policy must also include monitoring the online activities
of minors.
2. Internet
Safety Policy
The Internet
Safety Policy must address the following issues:
access by
minors to inappropriate matter on the Internet and World Wide Web;
the safety and security of minors when using electronic mail, chat rooms,
and other forms of direct electronic communications;
unauthorized access, including so-called "hacking," and other
unlawful activities by minors online;
unauthorized disclosure, use, and dissemination of personal information
regarding minors; and
measures designed to restrict minors' access to materials harmful to minors.
3. Public Notice and Hearing
The authority
with responsibility for administration of the school or library must provide
reasonable public notice and hold at least one public hearing to address
a proposed Technology Protection Measure and Internet Safety Policy.
Documentation
for "undertaking actions"
For a school or library to be able to make the certification quoted above,
it must be able to demonstrate that action was taken by the start of services
for Funding Year 4. SLD will not request this documentation as part of
the Form 486 filing process, but the school or library must maintain this
documentation in its files for audit purposes.
An undertaken
action is an action which can be documented and which moves the school
or library toward compliance. Note that if a school or library has already
provided reasonable public notice and at least one public hearing or meeting
relating to an Internet Safety Policy and Technology Protection Measure
that meets all the requirements listed above, that school or library has
complied with the public notice and hearing requirements of CIPA. If a
school or library has not met those conditions, the statute requires that
the school or library provide the required notice, and hearing or meeting.
Following
are a few examples of documentation that could demonstrate that a school
or library is "undertaking actions" to comply with CIPA:
A published
or circulated school or library board agenda with CIPA compliance cited
as a topic.
A circulated staff meeting agenda with CIPA compliance cited as a topic.
A Service Provider quote requested and received by a recipient of service
or Billed Entity which contains information on a Technology Protection
Measure.
A draft of an RFP or other procurement procedure to solicit bids for the
purchase or provision of a Technology Protection Measure.
An agenda or minutes from a meeting open to the public at which an Internet
Safety Policy was discussed.
An agenda or minutes from a public or nonpublic meeting of a school or
library board at which procurement issues relating to the acquisition
of a Technology Protection Measure were discussed.
A memo to an administrative authority of a school or library from a staff
member outlining the CIPA issues not addressed by an Acceptable Use Policy
currently in place.
A memo or report to an administrative authority of a school or library
from a staff member describing research on available Technology Protection
Measures.
A memo or report to an administrative authority of a school or library
from a staff member which discusses and analyzes Internet Safety Policies
in effect at other schools and libraries.
This list is not meant to be exhaustive.
Remember
that such actions must occur before the start of services in order for
discounts to be paid back to the Service Start Date reported on the Form
486.
Although
such steps constitute examples of actions undertaken in order to be able
to make the necessary certification in Funding Year 4, schools and libraries
should be prepared to take all subsequent measures, so that by the start
of services in Funding Year 5, they will be in full compliance (unless
they obtain a waiver). Although applicants may withdraw their requests
for discounts in Funding Year 5, or at any time, for any reason, applicants
that expect to receive discounts for Funding Year 5, and subsequently,
should ensure that they are in full compliance by the start of services
in that year.
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