http://www.youtube.com/watch?v=97GcS6JRBw4

Communications Decency Act of 1996 (CDA)

Found Unconstitutional Under 1st Amendment (Reno v. ACLU, 1997)

The Child Online Protection Act of 1998 (COPA)

Quantified the law to meet free speech requirements putting restrictions on minors only

Found unconstitutional as all sites would have to adhere to restrictions placed on internet content.

- on appeal ACLU v. ASHCROFT, 2002

Children’s Internet Protection Act (http://www.fcc.gov/cgb/consumerfacts/cipa.html )

The Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding for Internet access or internal connections from the E-rate program – a program that makes certain communications technology more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA.

What CIPA Requires: Schools who want to receive federal funding must have and internet safety policy. The

protection measures must block or filter Internet access to pictures that are:

(a) obscene

(b) child pornography

(c) harmful to minors (for computers that are accessed by minors).

Before an internet policy is adopted the school must hold a meeting with the public.

Schools must adopt and enforce a policy to monitor online activities of minors. Internet safety policy addressing:

(a) access by minors to inappropriate matter on the Internet

(b) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications

(c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online

(d) unauthorized disclosure, use, and dissemination of personal information regarding minors

(e) measures restricting minors’ access to materials harmful to them 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 purposes.

On June 23, 2003 the supreme court, in a 6-3 decision, ruled that the Children's Internet Protection Act does not violate the First Amendment.

The filter must block 3 types of visual depictions:

1. Obscenity2. Child Pornography3. Material that is “harmful to

minors”

Miller v. California 1973 three part

test for OBCENITY

1. Whether “the average person, applying

contemporary standards,” would find the material, taken as a whole, appeals to the prudent interest.

2. Whether the work depicts or describes, in patently offensive way, sexual conduct specifically defined by the applicable state of federal law to be obscene.

3. Whether the work, taken as a whole, lacks serious literacy, artistic, political, or scientific value.

ACCESS

DENIED

PENNSYLVANIA 24 P.S. 4604 - 4612(Applies to Libraries and Schools)

Enforce acceptable use policies for Internet use of software programs reasonably designed

to block access to visual depictions of obscenity, child pornography or material that is harmful to minors

selection of online servers that block access to visual depictions of obscenity, child pornography or material that is harmful to minors.

http://www.ncsl.org/default.aspx?tabid=13491#states

http://www.e-ratecentral.com/CIPA/cipa_policy_sample.pdf

Client/Workstation Solutions

CyberPatrolhttp://www.surfcontrol.com

CyberSnoophttp://www.pearlsw.com

Cybersitterhttp://www.solidoak.com/

Net Nannyhttp://www.netnanny.com/

Besshttp://www.n2h2.com/

Cyber Patrolhttp://www.surfcontrol.com

Barracudahttp://www.barracudanetworks.com/ns/products/web-filter-overview.php

ACLU http://www.aclu.org American Family Association

http://www.afa.net American Library Association

http://www.ala.org Electronic Frontier Foundation

http://www.eff.org

Resources

http://www.enotes.com/everyday-law-encyclopedia/internet-filters-schools-and-libraries

http://www.ncsl.org/default.aspx?tabid=13491 http://www2.scholastic.com/browse/article.jsp?id=4395 http://w2.eff.org/Censorship/Censorware/net_block_rep

ort/ http://www.speedofcreativity.org/2009/09/03/advocatin

g-for-balanced-approaches-to-internet-filtering-in-schools/

http://www.fcc.gov/cgb/consumerfacts/cipa.html http://lifehacker.com/#!5312820/five-best-content-

filtering-tools http://www.e-

ratecentral.com/CIPA/cipa_policy_sample.pdf

(2011). Children and the internet: laws relating to filtering blocking and usage policies in schools and libraries. Proceedings of the National Conference of State Legislatures, http://www.ncsl.org/default.aspx?tabid=13491

Federal Communications Commission, Consumer and Governmental Affairs Bureau. (2009). Children's internet protection act Washington D.C.: Retrieved from http://www.fcc.gov/cgb/consumerfacts/cipa.html

Fitzpatrick, J. (2009, July 12). Five best content filtering tools [Web log message]. Retrieved from http://lifehacker.com/#!5312820/five-best-content-filtering-tools

Internet blocking in public schools. (2003). A Study on Internet Access in Educational Institutions, 1.1(26), Retrieved from http://w2.eff.org/Censorship/Censorware/net_block_report/

Internet safety for schools: a quick guide to finding the solution that's right for your school. (2011). Scolastic, Retrieved from http://www2.scholastic.com/browse/article.jsp?id=4395

"Internet Filters In Schools And Libraries." Encyclopedia of Everyday Law. Ed. Shirelle Phelps. Gale Cengage, 2003. eNotes.com. 2006. 20 Apr, 2011 <http://www.enotes.com/everyday-law-encyclopedia/internet-filters-schools-and-libraries>

Sample cipa-compliant internet safety policy. (n.d.). Retrieved from http://www.e-ratecentral.com/CIPA/cipa_policy_sample.pdf

Speed of creativity learning: advocating for balanced approaches to internet filtering in schools [Web log message]. (2009 , September 9). Retrieved from http://www.speedofcreativity.org/2009/09/03/advocating-for-balanced-approaches-to-internet-filtering-in-schools/