internet filtering in schools
TRANSCRIPT
http://www.youtube.com/watch?v=97GcS6JRBw4
Communications Decency Act of 1996 (CDA)
Found Unconstitutional Under 1st Amendment (Reno v. ACLU, 1997)
The Child Online Protection Act of 1998 (COPA)
Quantified the law to meet free speech requirements putting restrictions on minors only
Found unconstitutional as all sites would have to adhere to restrictions placed on internet content.
- on appeal ACLU v. ASHCROFT, 2002
Children’s Internet Protection Act (http://www.fcc.gov/cgb/consumerfacts/cipa.html )
The Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding for Internet access or internal connections from the E-rate program – a program that makes certain communications technology more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA.
What CIPA Requires: Schools who want to receive federal funding must have and internet safety policy. The
protection measures must block or filter Internet access to pictures that are:
(a) obscene
(b) child pornography
(c) harmful to minors (for computers that are accessed by minors).
Before an internet policy is adopted the school must hold a meeting with the public.
Schools must adopt and enforce a policy to monitor online activities of minors. Internet safety policy addressing:
(a) access by minors to inappropriate matter on the Internet
(b) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications
(c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online
(d) unauthorized disclosure, use, and dissemination of personal information regarding minors
(e) measures restricting minors’ access to materials harmful to them An authorized person may disable the blocking or filtering measure during any
use by an adult to enable access for bona fide research or other lawful purposes.
On June 23, 2003 the supreme court, in a 6-3 decision, ruled that the Children's Internet Protection Act does not violate the First Amendment.
The filter must block 3 types of visual depictions:
1. Obscenity2. Child Pornography3. Material that is “harmful to
minors”
Miller v. California 1973 three part
test for OBCENITY
1. Whether “the average person, applying
contemporary standards,” would find the material, taken as a whole, appeals to the prudent interest.
2. Whether the work depicts or describes, in patently offensive way, sexual conduct specifically defined by the applicable state of federal law to be obscene.
3. Whether the work, taken as a whole, lacks serious literacy, artistic, political, or scientific value.
ACCESS
DENIED
PENNSYLVANIA 24 P.S. 4604 - 4612(Applies to Libraries and Schools)
Enforce acceptable use policies for Internet use of software programs reasonably designed
to block access to visual depictions of obscenity, child pornography or material that is harmful to minors
selection of online servers that block access to visual depictions of obscenity, child pornography or material that is harmful to minors.
http://www.ncsl.org/default.aspx?tabid=13491#states
http://www.e-ratecentral.com/CIPA/cipa_policy_sample.pdf
Client/Workstation Solutions
CyberPatrolhttp://www.surfcontrol.com
CyberSnoophttp://www.pearlsw.com
Cybersitterhttp://www.solidoak.com/
Net Nannyhttp://www.netnanny.com/
Besshttp://www.n2h2.com/
Cyber Patrolhttp://www.surfcontrol.com
Barracudahttp://www.barracudanetworks.com/ns/products/web-filter-overview.php
ACLU http://www.aclu.org American Family Association
http://www.afa.net American Library Association
http://www.ala.org Electronic Frontier Foundation
http://www.eff.org
Resources
http://www.enotes.com/everyday-law-encyclopedia/internet-filters-schools-and-libraries
http://www.ncsl.org/default.aspx?tabid=13491 http://www2.scholastic.com/browse/article.jsp?id=4395 http://w2.eff.org/Censorship/Censorware/net_block_rep
ort/ http://www.speedofcreativity.org/2009/09/03/advocatin
g-for-balanced-approaches-to-internet-filtering-in-schools/
http://www.fcc.gov/cgb/consumerfacts/cipa.html http://lifehacker.com/#!5312820/five-best-content-
filtering-tools http://www.e-
ratecentral.com/CIPA/cipa_policy_sample.pdf
(2011). Children and the internet: laws relating to filtering blocking and usage policies in schools and libraries. Proceedings of the National Conference of State Legislatures, http://www.ncsl.org/default.aspx?tabid=13491
Federal Communications Commission, Consumer and Governmental Affairs Bureau. (2009). Children's internet protection act Washington D.C.: Retrieved from http://www.fcc.gov/cgb/consumerfacts/cipa.html
Fitzpatrick, J. (2009, July 12). Five best content filtering tools [Web log message]. Retrieved from http://lifehacker.com/#!5312820/five-best-content-filtering-tools
Internet blocking in public schools. (2003). A Study on Internet Access in Educational Institutions, 1.1(26), Retrieved from http://w2.eff.org/Censorship/Censorware/net_block_report/
Internet safety for schools: a quick guide to finding the solution that's right for your school. (2011). Scolastic, Retrieved from http://www2.scholastic.com/browse/article.jsp?id=4395
"Internet Filters In Schools And Libraries." Encyclopedia of Everyday Law. Ed. Shirelle Phelps. Gale Cengage, 2003. eNotes.com. 2006. 20 Apr, 2011 <http://www.enotes.com/everyday-law-encyclopedia/internet-filters-schools-and-libraries>
Sample cipa-compliant internet safety policy. (n.d.). Retrieved from http://www.e-ratecentral.com/CIPA/cipa_policy_sample.pdf
Speed of creativity learning: advocating for balanced approaches to internet filtering in schools [Web log message]. (2009 , September 9). Retrieved from http://www.speedofcreativity.org/2009/09/03/advocating-for-balanced-approaches-to-internet-filtering-in-schools/