from 1/2011 CTLS newsletter, last updated 10/2011
Check out this fantastic, 1 hour webinar called “E-Rate, CIPA, and Library Filters: What You Need to Know”
Even if you are not taking part in E-rate, I highly recommend you print out these handouts and view the archived version of this webinar – available here, towards the bottom of the webpage:
http://infopeople.org/training/webcasts/webcast_data/494/index.html
Please view the webinar, and if you have questions after that contact Henry Stokes at the Texas State Library (henry.stokes@tsl.state.tx.us). This is a legal issue, so the normal disclaimer applies – you know I am not a lawyer, so the defense of “but CTLS’s webpage said…” will not carry any sway.
Fear and Loathing
Some of you have expressed fear that naively messing up this E-rate stuff will get you landed in jail. If you are found non-compliant in regard to CIPA requirements, you will probably lose your Internet discounts. Jail only happens if you knowingly committed fraud. If you are doing your best that is really all you can do. Be sure to document things so you can show intent in the case of an audit.
Internet Use Policy
All of you should have an Internet Use Policy, but if you are getting E-rate internet discounts, you are required to have this policy. Be careful about the wording of this policy, and have your attorney bless it. This document may be used in court someday. For instance, during this webinar they talked about a library that included filtering hate speech and racism in their Internet Use Policy. That library was taken to court because hate speech and racist comments are actually covered under the 1st Amendment of the US Constitution (aka Right to Free Speech). In your Internet Use Policy, avoid using words such as “sexually explicit” or “inappropriate”. These don’t mean anything in a legal context – which is what CIPA is all about. Use legal words and phrases such as “child pornography”, “obscene”, “obscenity”, and “harmful to minors”.
Public Notice & Meeting
The three requirements for Internet access discounts are: filtering, Internet Safety Policy, and public notice with a meeting or hearing that announces the Internet Safety Policy and filter. Everybody getting Internet access discounts needs to have all three. A print-out of some kind (or newsletter article) that shows a meeting was announced as well as proof that it occurred (agenda) would all work.
http://www.usac.org/sl/applicants/step10/cipa.aspx
Filters
In my opinion, the Internet Use Policy and Public hearing are the easy parts, so I described them first. Next you need to put in place a filter that matches you Internet Use policy. There are no filters that are better than decent, but look here for good public library oriented comparisons of various filtering products:
http://Libraryfiltering.org
I have been recommending OpenDNS, which is generally free, and is talked about towards the end of this webinar:
http://www.opendns.com/solutions/k12/cipa
What does CIPA expect you to filter?
An easy way to remember what things need to be blocked is COH, meaning
Child pornography
Obscenity
Harmful to minors
Don’t filter more than COH or you hit up against 1st amendment (see the example about hate speech, above.)
But of course, filters don’t have categories for COH and most don’t come close to matching the legal definition for obscenity, which is based on legal precedent. Most filters have broad categories titled Sex, Pornography, Violence, so you have to look closely at their definitions. Don’t try to do your own filtering algorithms; it is just too much work.
If you are not getting complaints about your filter, you are probably blocking too much, or not blocking enough. You should expect complaints, and know how to easily fix. In other words, you will have to monitor your filter.
CIPA seems to be primarily concerned with images, though I do not know of a filter that will just block images
To recap, with respect to CIPA, the 1st Amendment protects all speech except COH:
Child pornography — Block for adults and children all visual depiction (i.e. images) of minors in explicit sexual conduct (and call the police if someone is viewing in your library)
Obscenity — Block for adults and children, but remember obscenity is judicially determined, and has to be hardcore images
Harmful to minors — Block only for children, and the primary concern is images. Nudity or violence is ok, but sexual activity or violent sexual images should be blocked
Notice you can’t just have filters on children’s computers if you are getting E-rate Internet discounts. All library computers with access to the Internet must have filters available, including staff computers. Yes, you can turn off the filters, or allow access to sites on request, etc.
Though it was not mentioned in this webinar, you will also need to post a Public Notice and set a public hearing to comply with CIPA. For more information look at this page from the Universal Service Administrative Company (where you filed your e-rate documents):
http://www.universalservice.org/sl/applicants/step10/cipa.aspx
Some filtering software/systems others in CTLS are using:
Barracuda
CyberPatrol
Cybersitter (paid version much better than free)
K-9
NetNanny
OpenDNS
SonicWall
SuperScout
WatchGuard
Look at this site for some comparisons, though you will notice there is not yet much overlap between what is on the list above and what is on this webpage:
http://libraryfiltering.org
And more info on both CIPA and filtering is available here:
http://infopeople.org/resources/filtering/