Children's Internet Protection Act: Questions and Answers
1. What are the requirements of CIPA as they relate to the use
of LSTA funding?
Public libraries and public elementary and secondary school libraries must be in
compliance with CIPA to obtain LSTA funding. This requirement will remain in place
for the use of all future program year’s LSTA funding until such time that CIPA
is superseded or repealed.
2. Does CIPA apply to ALL LSTA funding that comes to libraries
(i.e., LSTA grants) or only funding that would be applied to purchase computers
to access the Internet or pay for the direct costs of accessing the Internet?
The scope of CIPA is limited. No funds will be made available for public libraries
and public elementary and secondary school libraries, that do not receive E-rate
discounts, to purchase computers to access the Internet or pay for the direct costs
of accessing the Internet unless the libraries have certified that they have Internet
safety policies and technology protection measures, e.g., software filtering technology,
in place.
3. If libraries choose to continue receiving federal funds for
LSTA, when must decisions be made and filters installed? Can a library's decision
change?
As noted by the Institute of Museum and Library Services (IMLS) in its guidance
document, Complying with the Children's Internet Protection Act with Program Year
2007 Funds, "Public libraries and public elementary and secondary
school libraries must be in compliance with CIPA to obtain Program Year 2007 funding,
and are not eligible to receive a waiver."
All program years after 2006, both public libraries and public elementary and secondary
school libraries must be fully compliant with the CIPA requirements to obtain Program
Year 2006 LSTA funding from the State Library.
Nothing precludes a change to a library's CIPA status.
4. Is the use of LSTA funding affected by the requirements of
NCIPA?
The use of LSTA funding does not fall within the scope of NCIPA.
5. If our library previously received computer hardware or software
from LSTA funds prior to the program years noted in the response below, are we required
to filter?
No, CIPA compliance provisions begin with the use of Program Year 2003 LSTA funding
for public elementary and secondary school libraries, and Program Year 2004 LSTA
funding for public libraries.
6. How does the law apply to LSTA funding used for statewide
discounts for K-20 Internet Access and Statewide Database Licensing?
LSTA funding is not used to fund K-20 Internet Access.
Statewide Database Licensing (SDL) is subsidized using LSTA funding. The use of
LSTA funding for the SDL subsidy is not subject to CIPA requirements. The SDL subsidy
pays for access to content, not for the cost of connecting to an Internet service
provider (ISP).
7. If there are collaborating partners making application for
LSTA funding, do they need to comply with CIPA as well?
With regard to applications for LSTA funding, a Consortia or other group applicant
will need to certify that "prior to using any LSTA funds to purchase computers
used to access the Internet or to pay for direct costs associated with accessing
the Internet for a public library or a public elementary school or secondary school
library, the applicant consortium or group will collect and retain a duly completed
Internet Safety Certification from every constituent public library or public elementary
or secondary school library in accordance with requirements of Section 9134(f) of
the Library Services and Technology Act."
8. Does CIPA apply to other libraries?
CIPA applies to all public libraries and to all public elementary and secondary
school libraries. CIPA impacts other library types to the extent that they are affected
as a consortial or other group applicant for LSTA funding.
9. What about LSTA funding for our public library that is obtained
through applications sponsored by the city; do cities need to comply with CIPA?
CIPA specifically applies to schools, public libraries, and public elementary and
secondary school libraries. Cities, beyond their public library function, do not
need to comply with CIPA.
10. How will young people be able to conduct legitimate research
on topics that are blocked by filters?
As noted by the Institute of Museum and Library Services (IMLS) in its guidance
document, Complying with the Children's Internet Protection Act with Program Year
2007 Funds, "On June 23, 2003, the Supreme Court issued its opinion
reversing the judgment of the district court and finding that CIPA, on its face,
is constitutional. The Supreme Court held that public libraries' use of Internet
filtering software does not violate their patrons' First Amendment rights, therefore
CIPA does not induce libraries to violate the Constitution and is a valid exercise
of Congress's spending power. 7 In upholding CIPA, the Supreme Court emphasized
"the ease with which patrons may have the filtering software disabled,"
and that a patron who "encounters a blocked site . . . need only ask a librarian
to unblock it or . . . disable the filter." 8 Under the IMLS Grants to States
Program, an administrator, supervisor, or other authority may disable a technology
protection measure to enable access for bona fide research or other lawful purposes.
20 U.S.C. § 9134(f)(3). The plurality highlighted the government's confirmation
at oral argument that a "librarian can, in response to a request from a patron,
unblock the filtering mechanism altogether," and further that a patron would
not "have to explain . . . why he was asking a site to be unblocked or the
filtering to be disabled." 9 Pursuant to Supreme Court rules, the decision
in United States. v. American Library Association became effective after July 18,
2003. 10
7 United States v. American Library Ass’n., 2003 WL 21433656 at *8 (plurality
opinion)
8 United States v. American Library Ass’n., 2003 WL 21433656 at *8 (plurality
opinion)
9 Id. At *8 (quoting Tr. Of Oral Arg. 4).
10 Under the Supreme Court’s rules, its decisions do not become effective until
the Court sends a certified copy of the judgment to the lower court. The Court does
not send the certified copy until at least 25 days after the entry of judgment.
Sup. Ct. R. 45.
11. It seems that I have received conflicting information about
the compliance requirements for CIPA. Some parts of the E-Rate FAQ are different
than what is indicated in the LSTA FAQ. Which FAQ is correct? Also, please clarify
exactly when the funding year starts and ends.
Differences exist between the federal programs of E-Rate (FCC) and LSTA (IMLS) in
the implementation of CIPA. For example, even though at first glance the funding
year would appear to be the same, each program is based on a funding year with different
starting and ending dates.
Specific to the E-Rate program:
For E-Rate, the fiscal year begins on July 1st and ends on June 30th. For example,
FY08 begins on July 1, 2008 and ends on June 30, 2009.
Specific to the use of LSTA funding
For LSTA, the fiscal year begins on October 1st, and ends on September 30th. For
example, FY08 began on October 1, 2007 and ends on September 30, 2008.
