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Internet Filtering Requirements

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  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. 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 106-554, Sections 1701-1741 • Goes into effect July 1, 2001 Michigan Information Network

  3. 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) Michigan Information Network

  4. 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) Michigan Information Network

  5. 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”) Michigan Information Network

  6. 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 Michigan Information Network

  7. 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) Michigan Information Network

  8. PA 455 • “An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.” Michigan Information Network

  9. PA 7 • Amended section 2 of PA 455 (MCL 397.602) • Basically, defines “library” and “library record” Michigan Information Network

  10. PA 37 • Amended section 2 of MCL 397.602 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 Michigan Information Network

  11. PA 37 • “Sexually explicit matter” defined as that definition provided in Act 33 of 1978 (MCL 722.673) • 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 Michigan Information Network

  12. PA 37 • Also added section 6 to MCL 397.602 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: Michigan Information Network

  13. 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. Michigan Information Network

  14. 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. Michigan Information Network

  15. PA 212 • Focus is on minors only, not adults • Amended section 6 of MCL 397.606 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: Michigan Information Network

  16. 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. Michigan Information Network

  17. 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 Michigan Information Network

  18. 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. Michigan Information Network

  19. 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. Michigan Information Network

  20. 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: Michigan Information Network

  21. CIPA Requirements Minor = An individual who has not attained the age of 17 • Obscene • Child pornography • Harmful to minors • Other material deemed locally to be “inappropriate for minors” Note: CIPA does allow adults to view visual depictions considered harmful to minors, but not obscene or child pornography visual depictions Michigan Information Network

  22. CIPA Requirements • For E-rate fund applicants only, requires other safety and security measures for minors (as called for in N-CIPA) re: • E-mail • Chat rooms • Other direct electronic communications (e.g., Instant Messaging) • “Hacking” and other unlawful online activities • Unauthorized disclosure of personal ID info on minors Michigan Information Network

  23. 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 Michigan Information Network

  24. 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 Michigan Information Network

  25. 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 Michigan Information Network

  26. But What About PA 212? • In Michigan, you must comply with PA 212 whether or not you apply for E-rate funds. Michigan Information Network

  27. 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 Michigan Information Network

  28. 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. Michigan Information Network

  29. 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 Michigan Information Network

  30. 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. Michigan Information Network

  31. CIPA and PA 212 Compliance • 3) implement other safety measures for minors with regards to E-mail, Chat rooms, Other e-coms, Hacking, and Unauthorized disclosure of personal ID info on minors, AND The “N-CIPA” piece Michigan Information Network

  32. 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. 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 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 e-mail about filtering probably does NOT qualify as “taking action” 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 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 Michigan Information Network

  37. 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 Michigan Information Network

  38. 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 Michigan Information Network

  39. 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 Michigan Information Network

  40. 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. Michigan Information Network

  41. 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) 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 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 15.261 (March 31, 1977) • Determine if your existing Internet Safety Policy already meets CIPA requirements 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 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 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 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 Michigan Information Network

  48. 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) 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 Michigan Information Network

  50. 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 Michigan Information Network