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Internet Filtering Requirements

Internet Filtering Requirements. The Acts, Some Facts, and How It All Ties in with E-rate Laurie Taylor Michigan Information Network August 15, 2001. Forward.

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Internet Filtering Requirements

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  1. Internet Filtering Requirements The Acts, Some Facts, and How It All Ties in with E-rate Laurie Taylor Michigan Information Network August 15, 2001

  2. Forward The information in this presentation is based on discussions regarding CIPA, N-CIPA, and COPPA held among state E-Rate coordinators and the Michigan Information Network (MIN) Work Group. Some of the information is also a result of conference calls between state E-rate coordinators and the FCC and SLD. MIN has made reasonable attempts to ensure the accuracy of this information as of the date of this presentation. However, the FCC and SLD are still working on the details of implementing CIPA and N-CIPA. Some of the information provided in this presentation may change as the result of further clarifications made by the FCC and SLD. Refer to the FCC and SLD web sites for “official” information. Michigan Information Network

  3. Background on CIPA • CIPA = Children’s Internet Protection Act • Signed into law December 21, 2000 as part of a larger spending package • Consolidated Appropriations Act, 2001; PL 106-554, Sections 1701-1741 • Went into effect July 1, 2001 Michigan Information Network

  4. Background on CIPA • Establishes policy requirements for federal technology funding for K-12 schools and public libraries: • E-rate (Telecommunications Act of 1996) • Library Services & Technology Act (LSTA) • Title III of Elementary & Secondary Education Act (ESEA) Michigan Information Network

  5. Background on CIPA • Special provisions for E-rate users: • Does NOT apply to telecom-only funding • Must meet additional Internet safety policy requirements under Neighborhood Children’s Internet Protection Act (N-CIPA) • CIPA addresses the filtering requirement and the need for an Internet Safety Policy • N-CIPA focuses on what has to be included in a school or library Internet safety policy Michigan Information Network

  6. Background on CIPA • FCC rules went into effect April 20, 2001 • New Form 486 (July 2001) addresses CIPA compliance certification for E-rate purposes • Internet Safety Policy (or Acceptable Use Policy) and Technology Protection Measures (e.g., “filters”) must be adopted within same timeframe Michigan Information Network

  7. Background on PA 212 • PA 212 went into effect in Michigan on October 1, 2000 • It amended PA 37 that went into effect August 1, 1999 • PA 37 amended PA 7 that went into effect February 6, 1998 • PA 7 amended PA 455 (1982) Michigan Information Network

  8. PA 455 • “An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.” Michigan Information Network

  9. PA 7 • Amended section 2 of PA 455 (MCL 397.602) • Basically, defines “library” and “library record” Michigan Information Network

  10. PA 37 • Amended section 2 of MCL 397.602 as amended by PA 7 which provided definition for the following terms: • computer, computer network, computer program, computer system, device, harmful to minors, Internet, library, library record, minor, obscene, sexually explicit matter, terminal Michigan Information Network

  11. PA 37 • “Sexually explicit matter” defined as that definition provided in Act 33 of 1978 (MCL 722.673) • Means sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance • Verbal material means a book, pamphlet, magazine, printed matter reproduced in any manner (i.e., “text”), or sound recording Michigan Information Network

  12. PA 37 • Also added section 6 to MCL 397.602 which empowered the governing body of the library to authorize or require restricted access to minors to the Internet or computer systems in the following manner: Michigan Information Network

  13. PA 37 • (a) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors. Michigan Information Network

  14. PA 37 • (b) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are NOT restricted from receiving any material. Michigan Information Network

  15. PA 212 • Focus is on minors only, not adults • Amended section 6 of MCL 397.606 as added by PA 37 requiring the governing body of the library to adopt and require enforcement of a policy that restricts access to minors to the Internet or computer systems in 1 of the following ways: Michigan Information Network

  16. PA 212 • (a) Both of the following: • (i) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors; AND • (ii) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are NOT restricted from receiving any material. Michigan Information Network

  17. PA 212 OR • (b) By utilizing a system or method that is designed to prevent a minor from viewing obscene matter or sexually explicit matter that is harmful to minors. • Possibilities: • Internet filtering • Monitoring Michigan Information Network

  18. PA 212 • PA 212 also states that section 6 does NOT apply to a library established by a community college district, a college or university, or a private library open to the public. Michigan Information Network

  19. PA 212 • So, that leaves libraries established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities. Michigan Information Network

  20. Background on COPPA • COPPA = Children’s Online Privacy Protection Act • Went into effect April 21, 2000 • 15 U.S.C., Sections 6501-6506 • Administered by the Federal Trade Commission (FTC) Michigan Information Network

  21. Background on COPPA • Deals with the collection of information from children, NOT the restriction of content children can access over the Internet • Applies to commercial web sites • Does not apply to most non-profit or state/local government web sites Michigan Information Network

  22. COPPA Requirements • Operators of commercial web sites and online services that target or knowingly collect personal information from children under the age of 13 must: • 1. Notify parents of their information practices (i.e., post a complete privacy policy); • 2. Obtain verifiable parental consent before collecting a child’s personal information; Michigan Information Network

  23. COPPA Requirments • 3. Give parents a choice as to whether their child’s information will be disclosed to third parties; • 4. Provide parents access to their child’s information; • 5. Let parents prevent further use of collected information; Michigan Information Network

  24. COPPA Requirements • 6. Not require a child to provide more information than is reasonably necessary to participate in an activity; • 7. Maintain the confidentiality, security, and integrity of the information. Michigan Information Network

  25. CIPA Requirements • Requires adoption and implementation of an “Internet Safety Policy” • For all LSTA, ESEA, and E-rate fund applicants, means operation of a “technology protection measure” that blocks or filters Internet access to visual depictions that are: Michigan Information Network

  26. CIPA Requirements Minor = An individual who has not attained the age of 17 • Obscene • Child pornography • Harmful to minors Note: CIPA does allow adults to view visual depictions considered harmful to minors, but not obscene or child pornography visual depictions Michigan Information Network

  27. CIPA Requirements • For E-rate fund applicants only, requires other safety and security measures for minors (as called for in N-CIPA) re: • E-mail • Chat rooms • Other direct electronic communications (e.g., Instant Messaging) • “Hacking” and other unlawful online activities • Unauthorized disclosure of personal ID info on minors Michigan Information Network

  28. CIPA Requirements • For schools applying for E-rate funds, also requires that the Internet Safety Policy include monitoring the online activities of minors • Note: 1) Libraries are not required to monitor the activities of minors; 2) CIPA and N-CIPA do not require schools or libraries to track Internet use by identifiable users Michigan Information Network

  29. CIPA Requirements • Requires public hearing or meeting on the Internet Safety Policy • Must provide reasonable public notice for the hearing or meeting • Local school districts must have their own policy • They must sign Form 486 or Form 479 certifying they have implemented such a policy Michigan Information Network

  30. CIPA Requirements • Disabling of filtering is allowed: • For authorized adult use for “bona fide research or other lawful purposes” • Federal funding for CIPA expenses: • ESEA and LSTA funds available • E-rate funds NOT available Michigan Information Network

  31. But What About PA 212? • In Michigan, you must comply with PA 212 whether or not you apply for E-rate funds. Michigan Information Network

  32. But What About PA 212? • To comply with PA 212, you have to either • 1) make available to all age groups 1 or more terminals that are restricted from receiving obscene/sexually explicit matter that is harmful to minors (OSEMHARTOM), AND make available to individuals 18 or older 1 or more terminals that are NOT restricted from receiving OSEMHARTOM; OR Michigan Information Network

  33. But What About PA 212? • 2) implement a system or method designed to prevent a minor from viewing OSEMHARTOM (e.g., Internet filtering). • To comply with PA 212 via alternative “1” above means that you will NOT be in compliance with CIPA. • To comply with PA 212 and CIPA, you need to start with alternative “2” above. Michigan Information Network

  34. CIPA and PA 212 Compliance • To comply with both of these pieces of legislation, a school or library in Michigan must: • 1) adopt and implement an Internet Safety Policy (including public hearing with reasonable public notice), AND Michigan Information Network

  35. CIPA and PA 212 Compliance • 2) implement an Internet filtering system designed to protect a minor from viewing OSEMHARTOM, child pornography, and other material deemed locally to be inappropriate for minors (visual, verbal, and performance), Michigan Information Network

  36. CIPA and PA 212 Compliance A few notes to remember on that last point: i) CIPA also requires that adults be protected from viewing visual depictions that are obscene or child pornography; ii) CIPA does not require that verbal or performance material be blocked from minors or adults; iii) CIPA does not require restricting adults from viewing or accessing visual depictions that are harmful to minors; iv) CIPA does require that minors not view or access visual depictions that may be harmful to them. Michigan Information Network

  37. CIPA and PA 212 Compliance AND • 3) implement other safety measures for minors with regards to E-mail, Chat rooms, Other e-coms, Hacking, and Unauthorized disclosure of personal ID info on minors, AND The “N-CIPA” piece Michigan Information Network

  38. CIPA and PA 212 Compliance • 4) if you are a school or school library, monitor the online activities of minors. • Note: A minor under CIPA is less than 17 years of age, • while a minor under PA 212 is less than 18 years of age. • In Michigan, libraries would need to filter the Internet • for all individuals under the age of 18. Michigan Information Network

  39. CIPA Impact on E-rate Year 4 • Must initially certify that an Internet Safety Policy is in effect or that the applicant is undertaking initial actions to do so • Timing is important • Safest bet was to have taken some type of action before funding Year 4 started on July 1, 2001 • For example - assigning a staff member or appointing a committee to begin the process Michigan Information Network

  40. CIPA Impact on E-rate Year 4 • Document the actions you take • Letter or memo from responsible administrator • Minutes from library or school committee/board meeting • Record of attendance at meetings or workshops related to CIPA (including names of attendees and dates) • Just reading an e-mail about filtering probably does NOT qualify as “taking action” Michigan Information Network

  41. CIPA Impact on E-rate Year 4 • If no action has been taken by the time the school or library starts or started to receive Year 4 E-rate services, those services will NOT be eligible for discounts until the school or library does begin the process of complying with the E-rate provisions of CIPA Michigan Information Network

  42. CIPA Impact on E-rate Year 4 • Libraries need only indicate that they are “evaluating their options” • Based on May 15, 2001 ruling by U.S. District Court • The new Form 486 (July 2001) does not appear to accommodate this stipulation • Safest bet is for libraries to select item 11b - “undertaking such actions” • Have until July 1, 2002 to comply Michigan Information Network

  43. When Must I Certify? • Certification of compliance must be made on or before October 28, 2001 • Taking steps to comply must be started on or before the start date for Year 4 E-rate services, but no later than October 28, 2001 • For most, July 1, 2001 was the date by which applicants must have taken initial steps to comply Michigan Information Network

  44. When Must I Certify? • However... • Some Year 4 applicants may not get a Funding Commitment Decision Letter (FCDL) by October 28, 2001 • Also, some Year 4 services may not start until after October 28, 2001 Michigan Information Network

  45. When Must I Certify? • Under such circumstances, the SLD will give applicants 120 daysafter receipt of the FCDL or start of services to file the Form 486, whichever is later • Note: If you did not start undertaking actions by July 1 or the start of services, you can only qualify for Year 4 discounts back to the date at which you verify on Form 486 that your school or library started taking such actions Michigan Information Network

  46. When Must I Certify? • Certification of full compliance must be made by the start of funding Year 5 (i.e., July 1, 2002) • Exception: Unless applicant requests and receives a waiver because full compliance is prevented due to delays caused by local procurement procedures Michigan Information Network

  47. How Do I Certify? • Year 4 • Schools and libraries applying for E-rate funds certify via Form 486 (July 2001 version) on or before October 28, 2001 that • a) they have the policies and technology protection measures related to CIPA in place; • b) they are undertaking actions to put such policies and technology protection measures in place by the start of Year 5 (July 1, 2002); or Michigan Information Network

  48. How Do I Certify? • c) they are only applying for telecommunications services and not for Internet access or internal connections (therefore the E-rate CIPA provisions do not apply). • Members of consortia certify on Form 479 (new form - July 2001) • Consortia leaders will be required to certify that they have collected Forms 479 from all their members indicating that they are in compliance. Michigan Information Network

  49. How Do I Certify? • Year 5 • Certification will be made on the new Form 486 (July 2001 version) • No specific filing dates announced yet • Must be fully in compliance by July 1, 2002 to be eligible for funding (unless have obtained a waiver) Michigan Information Network

  50. Things You Can Do to Get Started • Hold staff meetings to discuss compliance issues (filtering software, AUP, etc.) • Discuss the issue with your board • Make inquiries for information from vendors on different technology protection measures Michigan Information Network

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