CIPA Background Information
What is the Children's Internet Protection Act?
Congress recently enacted the Children's Internet Protection Act ("CIPA"), which attaches requirements to the use of Federal funds and Universal Services discounted rates to purchase computers to access the Internet and/or to purchase direct Internet access for public libraries and elementary and secondary schools. The legislation includes provisions related to the E-Rate program, administered by the Federal Communications Commission, the Elementary and Secondary Education Act, administered by the Department of Education, and the State Library Program (grants to States) under the Museum and Library Services Act, administered by the Institute of Museum and Library Services.
How will IMLS ensure that grantees are complying with the Act?
With respect to the IMLS, CIPA adds new requirements to the agency's State Grant program for libraries that do not receive E-Rate funds. This is a State Administered program. IMLS makes grants to States which, in turn, use the funds for State-wide activities or make sub-grants to enhance local or regional library activities. Under the new legislation, States must provide assurance to IMLS that all IMLS funds will be used in accordance with the new requirements. This is similar to other assurances provided by the States, and IMLS will review its current certifications to incorporate this new requirement.
Although the new requirements do not pertain directly to IMLS National Leadership Grants or to IMLS Grants to Tribal Libraries, grantees should examine all sources of funding for any projects in which computers or Internet access are purchased to determine whether the new requirements apply.
Excerpt from CIPA
Section 1712 (a) (2) of CIPA requires each State to provide assurance that it will comply with the following requirement:
(f) Internet Safety -
(1) In General -- No funds made available under [LSTA] for a library described in section 213(2)(A) or (B) that does not receive services at discount rates under section 254(h)(6) of the Communications Act of 1934, as added by section 1721 of this Children's Internet Protection Act, may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such library unless -
(A) such library -
(i) has in place a policy of 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
(ii) is enforcing the operation of such technology protection measure during any use of such computers by minors;
and
(B) such library -
(i) has in place a policy of 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; or
(II) child pornography; and
(ii) is enforcing the operation of such technology protection measure during any use of such computers.
(2) ACCESS TO OTHER MATERIALS. -- Nothing in this subsection shall be construed to prohibit a library from limiting Internet access to or otherwise protecting against materials other than those referred to in subclauses (I), (II), and (III) of paragraph (1)(A)(i).
(3) DISABLING DURING CERTAIN USE. -- An administrator, supervisor, or other authority may disable a technology protection measure under paragraph (1) to enable access for bona fide research or other lawful purposes.
Information on CIPA from the American Library Association
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