Understanding CIPA to Fight the Filter Mark E. Moran CEO, Dulcinea Media

1. Understanding CIPA to Fight the Filter Mark E. Moran CEO, Dulcinea Media

2. Who We Are Dulcinea Media provides content & tools that help educators teach students how to use the Internet effectively. More about us and our products: http://www.DulcineaMedia.com Check out SweetSearch, A Search Engine for Students www.SweetSearch.com Sign-up for our free daily newsletter: http://www.findingdulcinea.com/info/newsletter.html Follow us on Twitter: @findingDulcinea & @findingEdu

3. Children’s Internet Protection Act • A federal law adopted and administered by the FCC • Applicable only to schools and libraries that get Internet funding from the E-rate program • Only penalty for non-compliance – school loses E-Rate funding. • FCC’s Summary Page: • http://www.fcc.gov/cgb/consumerfacts/cipa.html • FCC’s Release Adopting the Rules for CIPA • www.e-ratecentral.com/CIPA/fcc_01_120.pdf

4. CIPA Requirements • Schools must certify they have an Internet safety policy that includes technology protection measures. • The protection measures must block or filter Internet access to pictures that are: (a) obscene, (b) child pornography, or (c) harmful to minors (for computers that are accessed by minors). • Schools may disable the blocking or filtering measure during any use by an adult to enable access for bona fide research. • An example: a teacher wants to read Alex Haley’s historic interviews on Playboy.com

5. Requirements (cont’d) • Schools must adopt & enforce a policy to monitor minors online. • Must adopt and implement an Internet safety policy addressing:  • access by minors to inappropriate matter; • safety and security of minors when using e-mail & chat rooms • unauthorized access; • unauthorized disclosure, use, and dissemination of personal information; and • measures restricting minors’ access to harmful materials • CIPA contemplated that “harmful to minors” would be determined by each district, but FCC rules do not mandate this. Proposed revisions to rules would require it.

6. Requirements (cont’d) Statutory definitions of harmful to minors: any picture, image, graphic image file, or other visual depiction that (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) 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 (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

7. No Certification of Effectiveness of Filter FCC specifically refused to require certification of filter effectiveness, saying that such imposing a requirement; “does not comport with our goal of minimizing the burden we place on schools and libraries.” “We presume Congress did not intend to penalize recipients that act in good faith & in a reasonable manner to implement available technology protection measures.” (Emphasis added)

8. FCC Does Not Police Filtering Practices • FCC noted that an ineffective filter could “engender concern of parents of students.” • FCC presumed "we will rarely, if ever, be called upon to look beyond th(e) certification.” • We have found no evidence that the FCC has ever brought an action against a school alleging that the school’s filter was ineffective. • However, note that, aside from CIPA, if an educator were to display material that was patently inappropriate for minors, then other criminal, civil or disciplinary laws could apply.

9. Over-Filtering May Be Unconstitutional Author and lawyer Nancy Willard notes that the implementation of CIPA and its potential impact on constitutional rights was reviewed by the U.S. Supreme Court. In her view, based on a reading of the Court’s decision, districts that implement the use of filtering in a manner that places a substantial burden on student access to constitutionally protected material may be violating a student's constitutional rights. Nancy E. Willard, Safe and Responsible Use of the Internet: A Guide for Educators, citing United States v. American Library Association, No. 02-361 In the Supreme Court of the United States. (June 23, 2003) http://www.supremecourtus.gov/opinions/02pdf/02-361.pdf

10. How to Avoid Over-Filtering • Willard recommend that districts should, among other things: • Have administrators determine what material should be blocked, not technology personnel or the filtering company • Block only the categories necessary to be blocked under CIPA • Establish effective procedures for teachers to rapidly override the filter when it is blocking access to educational material • Establish procedures to allow students to anonymously request a site be overridden to allow for access to sensitive material

11. Teachers Overriding Filters • In many school districts, the filter enables teachers to have passwords that permit them to override the filter to access certain blocked Websites. • For example, while many school districts block YouTube because a small portion of its content may be considered harmful to minors, many school districts also have a policy that permits teachers to override the filter to access and display educational videos on YouTube, and similar sites. • We have not uncovered any persuasive argument that such a policy violates CIPA, and find no evidence that the FCC has any interest in bringing an action alleging that it does.

12. Protecting Children in 21st Century Act Adopted, rules proposed, comments submitted, rules not yet in effect http://benton.org/node/29459 Act requires that schools receiving e-rate funding must certify they are educating minors about appropriate online behavior, including interacting on social networking websites and in chat rooms and cyberbullying awareness and response.

13. CIPA Resources Unquiet Library’s outstanding collection of resources on CIPA: http://www.theunquietlibrary.libguides.com/fight-the-filter Doug Johnson on 7 Steps to Take to Fight Filters: http://doug-johnson.squarespace.com/blue-skunk-blog/2009/7/24/censorship-by-omission.html MindShift: Straight from DOE Dispelling Myths About Blocked Sites http://mindshift.kqed.org/tag/cipa/ Center for Safe and Responsible Internet Use http://www.cyberbully.org