CIPA/NCIPA Resources for Kansas Libraries

Under the Children's Internet Protection Act (CIPA) and the Neighborhood Children's Internet Protection Act (NCIPA), public libraries receiving discounts on Internet access/internal connections through the e-rate program, or those receiving federal (LSTA) dollars for Internet access/computers must take certain steps to comply with the law. This page is intended to provide information and resources helpful to Kansas libraries working toward compliance.

Coping with CIPA, a project of the Institute for Continuous Education, presented a series of workshops for Kansas libraries, October-December 2003. Visit the site for the presentation slides, and other useful resources.

CIPA and Kansas Libraries is an article written by former Kansas State Librarian Duane Johnson for the August, 2003 issue of the Kansas Libraries newsletter.

The FAQ on E-rate Compliance with the Children's Internet Protection Act and the Neighborhood Children's Internet Protection Act (developed by Robert Bocher, Wisconsin Department of Public Instruction Division for Libraries, Technology, and Community Learning, updated February 2004) provides excellent background and guidance.

A two-page version of the FAQ is available that focuses on library compliance -- updated February 2004.

The FCC's order concerning library compliance (for E-Rate purposes) with the Children's Internet Protection Act (CIPA) was adopted Wednesday, July 23. E-rate Libraries will have until July 1, 2004 to come into compliance with the CIPA requirements, though there is a requirement of "undertaking effort" for libraries receiving E-rate funding in FY 2003.

To be in compliance, libraries must complete the following tasks:

1. Develop for review and adoption an Internet safety policy
• Define what CIPA/NCIPA expects filters to do
  • CIPA states this policy must include the use of filters to protect against access to the visual depictions outlawed in the act.
  • NCIPA requires that schools and libraries participating in the E-Rate program adopt and implement an Internet safety policy that addresses:
    • Access by minors to inappropriate matter on the Internet and the Web;
    • The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
    • Unauthorized access, including so-called "hacking," and other unlawful activities by minors online;
    • Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
    • Measures designed to restrict minors' access to materials harmful to minors.
• Develop local standards that will be reflected in your policy and the filtering product or service you select
• Prepare and adopt your policy for public review.
  • The Kansas State Library has drafted a Sample Information Access and Internet Safety Policy that Kansas Libraries may use as a starting point.
  • The Southwest Kansas Library System offers member libraries this thoughtful, well-constructed Internet Use Policy as another approach. Other resources include:
  • E-rate central, the web resource of the State E-Rate Coordinator's Alliance, including a Sample CIPA-Compliant Internet Safety Policy
  • the "Checklist for creating an internet use policy" found in ALA's Libraries and the Internet Toolkit
  • resources from Web Junction (the public access computing information source developed by OCLC and others in partnership with the Bill & Melinda Gates Foundation).
  • The Internet Filtering, Legislation, and Policy Resources and Acceptable Use and Computer Policies pages found at Web Junction link to resources that may help.
2. Provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy
• Notices of such a meeting must comport with state or local open meeting laws
• The meeting should be fully documented (keep a copy of the notice, note any actions taken, etc.)
3. Formally adopt the policy
4. Evaluate filtering products or services according to the criteria of CIPA/NCIPA and your policy
5. Install filtering products or services on or covering all Internet access computers. The law does not require the filtering of text. But the filter, referred to in the law as a "technology protection measure," must protect against access to visual depictions that are:
   • Obscene: This is defined in a reference to section 1460 of title 18, U.S. Code.
   • Child pornography: This is defined in a reference to section 2256 of title 18, U.S. Code.
   • Harmful to minors: This is defined in CIPA and means any picture, image, graphic image file, or other visual depiction that, with respect to minors:
     • taken as a whole, appeals to a prurient interest in nudity, sex, or excretion;
     • depicts, describes, or represents, in a patently offensive way, 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.

• Technology and Library Consulting Staff of the Regional Library Systems of Kansas
• Robert Bocher, Wisconsin Department of Public Instruction
  Division for Libraries, Technology, and Community Learning

Please direct comments to: Jeff Hixon, Director,
Library Information Technology Division
Kansas State Library
Last Updated 8/9/2004

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