I have a CIPA FAQ available online. Now that the Supreme Court has ruled, this FAQ will be updated when the FCC issues its rules on how libraries are to comply with CIPA. Because of various procedural issues that the Court must follow as part of its decision, the FCC cannot issue any substantive guidance on library compliance until the week of July 20 at the earliest. The ALA and its E-rate Task Force have encouraged the FCC to allow libraries until July 1, 2004 to comply with the filtering mandate. (BTW, I'm on the ALA E-rate TF but this post is not associated with TF activities.) The Institute of Museum and Library Services (IMLS) that administers the LSTA program is expected to issue information on CIPA compliance with LSTA by early August.

In the meantime, here's a quick summary of some answers to specific questions I have been getting and some questions that have appeared on the Web4Lib list.

1. Any public library (PLs are defined in state statutes) using E-rate or LSTA funds for purposes explained immediately below will need to comply with CIPA's filtering requirement.
   • E-rate: CIPA's filtering provision applies when using E-rate funds to pay ISP costs or for internal connections. (Very few libraries get internal connections.)
   • LSTA: CIPA's filtering provision applies when using LSTA funds to pay ISP costs or for purchasing PCs.

   The filtering provision of CIPA does not apply to telecommunication costs, including voice or data lines. Libraries that get Net service from a common carrier that also bundles in the cost of the circuit should disaggregate these two elements immediately (i.e., get separate bills).

2. If a library must comply with the CIPA under the circumstances outlined above, all workstations with Internet access must be in compliance with CIPA's filtering requirement. This includes staff workstations. However, CIPA allows staff to disable a filter for any legal use of the Internet by adults. It should not take too creative a thought process on how this clause can be applied in a positive fashion to any adult staff PCs.

3. In Wis and many other states, library consortia often apply for E-rate for Internet access on behalf of their member libraries. If your library is included as part of a consortium's E-rate application, it must still comply with the law. (Some libraries may not even know that their consortium has applied for Net discounts on their behalf.)

4. The CIPA language says that filters must "protect" against access to visual depictions defined in the act. The degree of protection is a local decision. The FCC in its CIPA rules declined to further define the filter requirements or adopt any definition on how effective a filter must be. Thus there is no such thing as an "FCC approved filter." And beware of any vendor claiming its filter product is "CIPA-compliant" or meets "CIPA requirements," etc. In the context of the law and FCC regs., such claims are of no real value. BTW, both Netscape and IE have free built-in filters working off the W3C PICS standard.

5. It may be of some relief to know that in instances where an individual or group believes the library is in violation of CIPA (e.g., too many banned images get through the filter), the individual or group has no grounds under the law to initiate legal action against the library. In such instances, any complaints would be made to the FCC. The FCC would investigate and then decide whether to take action, such as revoking the applicant's discounts.

Hopefully the above info has provided some useful clarification. Feel free to contact me with questions.

Bob Bocher, Technology Consultant
WI Dept. of Public Instruction, Division for Libraries and Technology
P.O. Box 7841 Madison, WI 53707-7841
608-266-2127 fax: 608-266-2529 robert.bocher@dpi.state.wi.us

More CIPA News
Follow the links below for additional CIPA news available on the ILA site.

  IMLS Guidelines
  ICN Statement
  Updated FCC Regulations
  CIPA Info & FAQ
  ALA Denounces Ruling