SUMMARY
Under the Children's Internet Protection
Act (CIPA), State Library Administrative Agencies (SLAA)
must assure the Federal Government that:
(1) no Federal funds appropriated under the Institute
of Museum and Library Services (IMLS) Grants to States
Program;
(2) will be made available for public libraries and public
elementary and secondary school libraries;
(3) that do not receive E-Rate discounts;
(4) to purchase computers to access the Internet or pay
for the direct costs of accessing the Internet;
(5) unless the libraries have certified that they have
Internet safety policies in place that include the use
of technology protection measures.
State Library Administrative Agencies must
collect certifications from libraries subject to CIPA
that apply to the States for Library Services and Technology
Act (LSTA) funding. Libraries that receive services at
discount rates under section 254(h)(6) of the Communications
Act of 1934 certify compliance under the E-Rate program
and do not have to provide an additional certification
under the Library Grants to States Program.
Public libraries and public elementary and
secondary school libraries must be in full compliance
with CIPA to obtain Program Year 2006 funding under the
Library Grants to States Program.
BACKGROUND
The Children’s Internet Protection
Act established new Internet safety requirements for IMLS’s
State Grants Program. Under the State Grants Program,
IMLS awards financial assistance to State Library Administrative
Agencies, which, in turn, use the funds for State-wide
activities or to make sub-grants to enhance local or regional
library activities. Pursuant to 20 U.S.C. § 9134(f),
which implements CIPA’s provisions, SLAAs must provide
assurance to IMLS that all LSTA State program funds will
be used in accordance with CIPA’s requirements.
CIPA provides that:
(1) no funds made available under IMLS’s State
Grants program,
(2) for a public library, or a public elementary or secondary
school library,
(3) that does not receive services at discount rates under
section 254(h)(6) of the Communications Act of 1934,
(4) may be used to purchase computers used to access the
Internet or to pay for direct costs associated with accessing
the Internet, unless
(5) the library has in place a policy of --
(a) Internet safety for minors that includes the operation
of a technology protection measure with respect to any
of its computers with Internet access that protects against
access through such computers to visual depictions that
are (I) obscene; (II) child pornography; or (III) harmful
to minors; and is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and
(b) Internet safety that includes the operation of a
technology protection measure with respect to any of its
computers with Internet access that protects against access
through such computers to visual depictions that are (I)
obscene; (II) child pornography; and is enforcing the
operation of such technology protection measure during
any use of such computers.
Both the State Library Administrative Agencies
and libraries seeking LSTA State Program funds must certify
compliance with the law. While the State Library Administrative
Agencies assure compliance to IMLS,
public libraries and public school libraries subject to
CIPA, must certify compliance with the law as part of
the application cycle for LSTA grant funds from the State
Library Administrative Agencies.
During the first program year after CIPA takes effect
(Year 1), an applicant library must either certify compliance
with CIPA’s Internet safety requirements or certify
that the library is undertaking actions to put in place
an Internet safety policy that meets CIPA’s requirements.
For the second program year (Year 2), the library must
certify compliance with CIPA’s requirements, unless
eligible for a waiver because of State or local procurement
rules or regulations. See, generally, 20
U.S.C. § 9134(4)(B). For the third Program Year
(Year 3), a library must certify compliance with CIPA’s
requirements. A library is no longer eligible for a waiver
of CIPA’s requirements.
To implement CIPA’s provisions, IMLS
added a CIPA assurance to the State Library Administrative
Agency application (the State’s Five-Year Plan)
for Program Year 2003. Program Year 2003, beginning on
October 1, 2002, was the first program year following
passage of CIPA for which IMLS could implement CIPA’s
requirements.Subsequently, a three-judge district court
held that requiring public libraries to use filtering
technology violated the First Amendment of the United
States Constitution. It issued an order on May 31, 2002,
holding Section 9134(f) facially unconstitutional and
permanently enjoining IMLS from withholding federal funds
from any public library for failure to comply with CIPA’s
provisions.
In compliance with the district court's
injunction, the Institute of Museum and Library Services
suspended enforcement of 20 U.S.C. § 9134(f) with
respect to public libraries, pending Supreme Court action.
IMLS modified its Program Year 2003 certification requirements
to reflect the district court’s opinion. For Program
Year 2003, the State Library Administrative Agencies were
required to assure the Federal government that no funds
would be made available to purchase computers to access
the Internet or pay for direct costs associated with accessing
the Internet for public elementary and secondary school
libraries that did not comply with CIPA’s requirements.
For public elementary and secondary school libraries,
Program Year 2003 was Year 1 of CIPA compliance, Program
Year 2004 was Year 2, and Program Year 2005 was Year 3.
On June 23, 2003, the Supreme Court issued
its opinion reversing the judgment of the district court
and finding that CIPA, on its face, is constitutional.
The Supreme Court held that public libraries' use of Internet
filtering software does not violate their patrons' First
Amendment rights, therefore CIPA does not induce libraries
to violate the Constitution and is a valid exercise of
Congress's spending power. In upholding CIPA, the Supreme
Court emphasized "the ease with which patrons may
have the filtering software disabled," and that a
patron who "encounters a blocked site . . . need
only ask a librarian to unblock it or . . . disable the
filter." Under the IMLS Grants to States Program,
an administrator, supervisor, or other authority may disable
a technology protection measure to enable access for bona
fide research or other lawful purposes. 20 U.S.C. §
9134(f)(3). The plurality highlighted the government's
confirmation at oral argument that a "librarian can,
in response to a request from a patron, unblock the filtering
mechanism altogether," and further that a patron
would not "have to explain . . . why he was asking
a site to be unblocked or the filtering to be disabled."
Pursuant to Supreme Court rules, the decision in United
States. v. American Library Association became effective
after July 18, 2003. Program Year 2004 was Year 1 of CIPA
compliance, Program Year 2005 was Year 2, and Program
Year 2006, is Year 3.
IMPLEMENTATION
Consistent with the implementation framework
established by Congress, IMLS requires State Library Administrative
Agencies to provide assurance to IMLS of compliance with
CIPA’s provisions with respect to public libraries
and public elementary and secondary school libraries.
To receive Program Year 2006 IMLS State Program funds,
each SLAA must assure IMLS that no funds made available
under the State program for a public library or public
elementary or secondary school library that does not receive
E-rate services may be used to purchase computers used
to access the Internet or to pay for the direct costs
of accessing the Internet, unless the library has certified
compliance with the applicable CIPA requirements. Public
libraries and public elementary and secondary school libraries
must certify compliance with the Act and are no longer
eligible to seek a waiver of the Act’s requirements.
Applicant libraries are required to provide
CIPA certifications to the SLAA. A consortium or group
applicant affected by the law must (1) collect and maintain
on file a certification from each of the group’s
constituent libraries to which CIPA’s conditions
apply, and (2) provide a certification on behalf of the
group to the SLAA.
State Library Administrative Agencies will
continue to carry out the pertinent CIPA requirements
with respect to Program Years 2003, 2004, and 2005 funding,
as set out above and in compliance with the law.
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