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/   Scott Fosseen - Systems Engineer - Arrowhead AEA 5
\   www.aea5.k12.ia.us/aeaphone.nsf/Web/FosseenScott
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----- 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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