Children's Internet Protection Act

Article by Christina D'Amato

The Children�s Internet Protection Act (CIPA) is a federal law that was passed in Congress to impose restrictions within the elementary and secondary schools on content that is gained over school and library computers. The law was signed on December 21st, 2000. The CIPA states that if schools or libraries receive funding through the Museum and Library Services Act or Title III of the Elementary and Secondary Education Act, for use in purchasing computers for internet access or internet services, they must abide by certain rules. The grants, or E-rate program, make technologies more affordable for schools and libraries. The E-rate program is run by the FCC. (FCC CIPA Guide)

For a school to be qualified for the E-rate discount program, they must take precautions with their internet safety. The schools or libraries must block or filter any Internet information or pictures that are considered harmful to minors, obscene or have child pornography. Computers not accessed by minors do not need to have these filters; only the computers accessed by students or minors. The term `minor' means a person who has not reached the age of 17. Authorized personnel may disable the filters when using the internet for acceptable research or lawful purposes. (ALA CIPA Summary)

Schools and libraries must have all their filters and protection in place prior to receiving their funding. The schools and libraries must also monitor the online usage to make sure there is no hacking or inappropriate use for e-mail or chat rooms. The Child Internet Protection Act does not affect schools not utilizing the E-rate funding.

Challenges to the CIPA

On January 17, 2001 the American Library Association along with the American Civil Liberties Union challenged the Child Internet Protection Act stating that it was unconstitutional to require libraries to block access to information on the internet that was already constitutionally protected. They stated, �Congress had exceeded its authority under the Spending Clause because any public library that complies with CIPA's conditions will necessarily violate the First Amendment.� They also claimed that because the CIPA was imposing the elimination of federal funds that were intended to support underprivileged facilities, �CIPA runs counter to these federal efforts to close the digital divide for all Americans." and that "no filtering software successfully differentiates constitutionally protected speech from illegal speech on the Internet." (Findlaw: United States v. ACLU)

The case was successful with the United States District Court for the Eastern District of Pennsylvania, but the Supreme Court upheld the constitutionality on June 23, 2003. Chief Justice Rehnquist, Justice O�Connor, Justice Scalia and Justice Thomas, concluded that:

1. Because public libraries' use of Internet filtering software does not violate their patrons' First Amendment rights, CIPA does not induce libraries to violate the Constitution, and is a valid exercise of Congress' spending power.

2. CIPA does not impose an unconstitutional condition on libraries that receive E-rate and LSTA subsidies by requiring them, as a condition on that receipt, to surrender their First Amendment right to provide the public with access to constitutionally protected speech.