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Filtering the internet at the library.

Brandon Hall CSC 540 . Filtering the internet at the library. Back Ground. The US Government first attempted to filter the Internet in the early 90’s. This was an attempt to protect minors against the sexually explicit material on the internet.

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Filtering the internet at the library.

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  1. Brandon Hall CSC 540 Filtering the internet at the library.

  2. Back Ground • The US Government first attempted to filter the Internet in the early 90’s. • This was an attempt to protect minors against the sexually explicit material on the internet. • The US Government had a hard time coming up with a law that wouldn’t get struck down as unconstitutional due to the First Amendment.

  3. Children using the Internet Based on a study conducted by Joan Ganz Cooney Center and Sesame Workshop.

  4. Laws • CIPA (Children’s Internet Protection Act) • CDA (Communications Decency Act) • COPA (Child Online Protection Act)

  5. Communications Decency Act • Signed into law in 1996. • This Act was the first attempt by US Congress to regulate both indecency and obscenity on the Internet. • Portions of this act was declared unconstitutional in 1997 with the case of Reno V. ACLU.

  6. Reno V. ACLU • Supreme Court found that the “Indecency” portion of the act was unconstitutional. • Justice John Paul Stevens stated that "the CDA places an unacceptably heavy burden on protected speech“ • "safe harbor" section protecting ISPs from being liable for the words of others, was not affected by this decision and remains law.

  7. Child Online Protection Act • Drafted in 1998. • This act attempted to restrict to any material defined as harmful to such minors on the Internet. • COPA required all commercial distributors of "material harmful to minors" to restrict their sites from access by minors. • "Material harmful to minors" was defined as material that by "contemporary community standards" was judged to appeal to the "prurient interest" and that showed sexual acts or nudity. • The act was never signed into law, and a permanent injunction was granted in 2009.

  8. COPA Court Cases • In 1999 the Third Circuit Court of Appeals quickly struck down this law as unconstitutional. • They stated that act was too broad in using "community standards" as part of the definition of harmful materials. • However in 2002 the Supreme Court Reviewed the case and sent it back to the Third Circuit.

  9. COPA Court Cases (Cont) • In 2003 the Third Circuit struck down the law again as unconstitutional this time stating that it would hinder protected speech among adults.  • In 2004 the case of in Ashcroft v. American Civil Liberties Union (ACLU) the Supreme court upheld the injunction. • Finally in 2007 US District Judge Lowell A. Reed, Jr. Stated that the act violated first amendment and fifth amendment rights.

  10. Children’s Internet Protection Act • Signed into law in 2000. • Found to be constitutional by the Supreme court in 2003. • This act targeted schools and libraries.

  11. What CIPA Requires • Adopt an internet safety policy. • The use of internet filters and blocking software for images that may be considered obscene or harmful to minors. • Allow the filter to be disable for use by Adults. • Enforce monitoring the use of the internet by minors.

  12. What is Obscene? • Miller V. California (1973) • whether the average person, applying contemporary community standards (not national standards, as some prior tests required), would find that the work, taken as a whole, appeals to the prurient interest; • whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; • whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. (Miller V. California)

  13. What is Harmful to minors? • Harmful to minors was defined in the act itself. • Harmful minors was defined as Any picture, image, graphic image file, or other visual depiction that taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors” (CIPA)

  14. Types of Filters • Client side filters • Browser based filters • Content – limited ISP filters • Server side filters • Search engine filters

  15. Client Side V. Server Side Filters • Client Side filters are installed as software, and need to be installed on each computer. • Client Side filters can be customized using a username and password. • Server Side filters are the most common type of filters for schools and libraries. • These type of filters are installed on a server, and are the same for all computers on that server.

  16. Random Filter Facts • Content – limited ISP filters can limit the users interaction to other users with the same kind of filters. This filter is implemented by the ISP. • Browser Based filters – Google Chrome does not offer browser based filters.

  17. Issues with filtering software • Over filtering is the main issue with filtering software. They filter key words, so searches like “Breast Cancer”, “Summa Cum Laude” don’t make it through the filters. • These filters will also block an entire site based on sexuality, even if only a page on the site has this material.

  18. Consequences • What are the consequences if a school or library doesn’t remain CIPA compliant? • They can lose their E-Rate Funding and other government funding. • The E-Rate program provides discounts to public K-12 schools and libraries purchasing telecommunications services, Internet access, Internet connections and basic maintenance of internal connections. • Can lose federal education funding to schools for purchase of computers used to access the Internet, or to pay for direct costs associated with accessing the Internet.

  19. References • (n.d.). Retrieved from FCC: http://www.fcc.gov/guides/childrens-internet-protection-act • (n.d.). Retrieved from Washington Post: http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&node=&contentId=A22519-2003Jun23&notFound=true • (n.d.). Retrieved from Library Student Journal: http://www.librarystudentjournal.org/index.php/lsj/article/view/25/17 • (n.d.). Retrieved from ENotes: http://www.enotes.com/internet-reference/internet-filters-schools-and-libraries • (n.d.). Retrieved from Net Safe Kids: http://www.nap.edu/netsafekids/pro_fm_filter.html • (n.d.). Retrieved from 2-power: http://www.2-power-n.com/doc/search-engine-filter.html • (n.d.). Retrieved from Department of information resources: http://www2.dir.state.tx.us/ict/resources/Pages/eratefunding.aspx • (n.d.). Retrieved from E-Rate Central: http://www.e-ratecentral.com/CIPA/cipa_policy_primer.pdf • (n.d.). Retrieved from Gizmodo: http://gizmodo.com/5781878/four-out-of-five-of-toddlers-use-the-internet • CDA. (n.d.). Retrieved from WIKI: http://en.wikipedia.org/wiki/Communications_Decency_Act • CIPA. (n.d.). Retrieved from WIKI: http://en.wikipedia.org/wiki/Children's_Internet_Protection_Act • Content Control. (n.d.). Retrieved from WIKI: http://en.wikipedia.org/wiki/Content-control_software • COPA. (n.d.). Retrieved from WIKI: http://en.wikipedia.org/wiki/Child_Online_Protection_Act • Hitchcock, L. (n.d.). Retrieved from http://www.isu.edu/library/friends/foolscap.pdf • Info People. (n.d.). Retrieved from http://infopeople.org/resources/filtering/ • Miller V. California. (n.d.). Retrieved from WIKI: http://en.wikipedia.org/wiki/Miller_v._California

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