Children’s Internet Protection Act

The Children’s Internet Protection Act (CIPA) is a federal law introduced as part of a spending bill that passed Congress in 2000. The FCC maintains and enforces CIPA. This act addresses concerns about children’s access to explicit content (such as pornography) online at schools and libraries by requiring the use of Internet filters as a condition of receiving federal funds. CIPA is a result of previous failed attempts at restricting indecent content. The Communications Decency Act and the Child Online Protection Act faced Supreme Court challenges over the U.S. First Amendment because the act violated the right of free speech contained within the Constitution.

CIPA does not provide for any additional funds for the purchase of mechanisms to protect children from explicit content. Instead, conditions are attached to grants and the use of E-Rate discounts. E-Rate is a program that makes Internet access more affordable for schools and libraries.

CIPA requires schools and libraries to certify compliance to implement an Internet safety policy and “technology protection measures,” which means having technology in place that blocks or filters Internet access that is either obscene, harmful to minors, or represents child pornography. This requirement includes implementing a safety policy and controls that address the following:

• Access by minors to “inappropriate matter” on the Internet

• The safety and security of minors when using electronic communication such as email, chat rooms, and instant messaging

• Unauthorized access and unlawful activities by minors

• Unauthorized disclosure, use, and dissemination of personal information regarding minors

• Measures restricting minors’ access to harmful materials

Before implementing the policy and controls, however, the law also requires schools or libraries to first provide public notice and to hold a public hearing to address the proposed Internet safety policy.

You might have noticed that the term inappropriate matter could be considered vague and controversial. As a result, the act is clear in stating that the government may not establish the criteria for making such a determination. The act states that the determination is made at the local level by the school board, local educational agency, or library.

Finally, schools and libraries must comply with one more step before they can receive the E-Rate. They must certify they have an Internet safety policy in place meeting the preceding requirements. Noncompliance with the law occurs if there is a failure to submit for certification. In this case, the institution will not be eligible for services at a discounted rate. In addition, failure to ensure the use of the computers in accordance with a certification will be required to reimburse all funds and discounts for the certification period.