____________________________________________________________ \ / Scott Fosseen - Systems Engineer - Arrowhead AEA 5 \ www.aea5.k12.ia.us/aeaphone.nsf/Web/FosseenScott /____________________________________________________________ ----- Original Message ----- From: "Lou Howell" <[EMAIL PROTECTED]> Sent: Monday, June 03, 2002 6:11 PM Subject: Fwd: CIPA news
>From: Pam Pfitzenmaier <[EMAIL PROTECTED]> >To: "AEA USF List Server" <[EMAIL PROTECTED]> >Subject: CIPA news >Date: Mon, 03 Jun 2002 08:25:02 -0500 >Sender: [EMAIL PROTECTED] >Comments: Originally To: [EMAIL PROTECTED] >X-RCPT-TO: <[EMAIL PROTECTED]> >Status: U > >Greetings, > >Many of you have probably heard news reports that portions of the >CIPA law were overturned for libraries. Here's a summary from >E-Rate Central (and given the "look-see" by SLD staff). Note that >at this time it appears that schools will have to comply with all >portions of CIPA law. > >· CIPA Filtering for Libraries Not Schools Overturned > >A three-judge panel in Philadelphia has overturned provisions of the >Children's Internet Protection Act ("CIPA") that require libraries >to filter Internet service. The ruling is based on suits filed by >the American Library Association ("ALA") and the American Civil >Liberties Union ("ACLU") that had challenged the law on the basis >that filters would prevent access to material that is >constitutionally protected under the First Amendment. Information >on this recent ruling can be found on the ALA Web site at >http://www.ala.org/cipa/. > >It is important to note that the ruling does not address the portion >of CIPA that requires Internet safety policies, nor does it overturn >the filtering requirement for schools. (Because First Amendment >rights are limited in schools, neither the ALA nor the ACLU argued >that school filters are unconstitutional.) > >As a result of this ruling, we expect CIPA E-rate guidance to be >forthcoming from the SLD next week. Since the CIPA certifications >in the Form 486 refer only generally to CIPA compliance not >specifically to filters and Internet safety policies our early >guess is that the FCC and SLD will conclude that no changes must be >made to existing forms and filing deadlines. The FCC will only need >to clarify that "CIPA compliance" for libraries does not include >filtering. > >Pending further instructions from the SLD, we would recommend the following: > > >(a) Schools should proceed on the assumption that the court >ruling has no impact on their CIPA compliance and E-rate filing >requirements. > > (b)Libraries, planning not to filter their Internet services, >should temporarily delay filing Form 486s for FY 2002 funding. >Since the earliest possible deadline for filing Form 486s is October >29, 2002, there is no reason to file until additional guidance is >provided by the SLD. > > >(c) Library consortia, which may be concerned about the length of >time required to collect Form 479s from all members before filing >their Form 486s, should proceed with their collection process >(assuming, until told differently, that "CIPA compliance" will be >interpreted as suggested above). > > > > >Pam > > > > > > >Pamela Adams Pfitzenmaier, Ph.D. >Director, Educational Telecommunications >Iowa Public Television >6450 Corporate Drive >Johnston, Iowa 50131 >phone 515-242-4180 >fax 515-242-3155 -- ******************** Lou Howell Director of Instructional Services Arrowhead AEA 5 330 Avenue M, V-T Building Fort Dodge, Iowa 50501 515.574-5562 515.574.5567 (FAX) [EMAIL PROTECTED]
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