June 2, 2005CIPA COMPLIANCE REQUIREMENT FOR SYSTEM TECHNOLOGY PLAN http://www.sl.universalservice.org/whatsnew/misc/cipa051801.aspOVERVIEW OF CIPAThe Childrens Internet Protection Act (CIPA) was signed into law on December 21,2000. Under CIPA, no school or library may receive discounts unless it certifies that it isenforcing a policy of Internet safety that includes the use of filtering or blockingtechnology (see below). This Internet Safety Policy must protect against access, throughcomputers with Internet access, to visual depictions that are obscene, child pornography,or (in the case of use by minors) harmful to minors. The school or library must alsocertify that it is enforcing the operation of such filtering or blocking technology duringany use of such computers by minors. Schools and libraries receiving onlyTelecommunications Services are excluded from the requirements of CIPA.Applicants must certify on their Form 486 either that they are in compliance with CIPA,or that they are undertaking actions to put into place an Internet Safety Policy and toprocure the filtering or blocking technology in order to receive universal servicediscounts.APPROPRIATE DOCUMENTATION FOR “UNDERTAKING ACTIONS”Pursuant to the Childrens Internet Protection Act, as codified at 47 U.S.C. § 254(h) and(l), the (system name) is undertaking such actions, including any necessary procurementprocedures, to comply with the requirements of CIPA.COMPLIANCE WITH THE REQUIREMENTS OF CIPA"Undertaking such actions" refers to actions related to implementation of the CIPArequirements that should be in place. The requirements are:1. Technology Protection MeasureA Technology Protection Measure is a specific technology that blocks or filters Internetaccess. It must protect against access by adults and minors to visual depictions that areobscene, child pornography, or - with respect to use of computers with Internet access byminors - harmful to minors. It may be disabled for adults engaged in bona fide researchor other lawful purposes. For schools, the policy must also include monitoring the onlineactivities of minors.2. Internet Safety PolicyThe Internet Safety Policy must address the following issues:
June 2, 2005 a. access by minors to inappropriate matter on the Internet and World Wide Web; b. the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; c. unauthorized access, including so-called "hacking," and other unlawful activities by minors online; d. unauthorized disclosure, use, and dissemination of personal information regarding minors; and e. measures designed to restrict minors access to materials harmful to minors.3. Public Notice and HearingThe authority with responsibility for administration of the school or library must providereasonable public notice and hold at least one public hearing to address a proposedTechnology Protection Measure and Internet Safety Policy.Following are a few examples of documentation that could demonstrate that a schoolor library is "undertaking actions" to comply with CIPA. This list is not meant to beexhaustive. a. A published or circulated school or library board agenda with CIPA compliance cited as a topic. b. A circulated staff meeting agenda with CIPA compliance cited as a topic. c. A Service Provider quote requested and received by a recipient of service or Billed Entity which contains information on a Technology Protection Measure. d. A draft of an RFP or other procurement procedure to solicit bids for the purchase or provision of a Technology Protection Measure. e. An agenda or minutes from a meeting open to the public at which an Internet Safety Policy was discussed. f. An agenda or minutes from a public or nonpublic meeting of a school or library board at which procurement issues relating to the acquisition of a Technology Protection Measure were discussed. g. A memo to an administrative authority of a school or library from a staff member outlining the CIPA issues not addressed by an Acceptable Use Policy currently in place. h. A memo or report to an administrative authority of a school or library from a staff member describing research on available Technology Protection Measures. i. A memo or report to an administrative authority of a school or library from a staff member which discusses and analyzes Internet Safety Policies in effect at other schools and libraries.INTERNET SAFETY POLICIES AND CIPA:Sample CIPA policy came from:http://www.e-ratecentral.com/CIPA/cipa_policy_sample.pdf
June 2, 2005 APPENDIX A Sample CIPA-Compliant Internet Safety PolicyNote: The following Internet safety policy was developed by E-Rate Central solely toaddress the basic policy compliance requirements of CIPA and NCIPA for E-ratefunding. Schools and libraries adopting new or revised Internet policies may wish toexpand or modify the sample policy language.INTERNET SAFETY POLICYFor <School or Library>IntroductionIt is the policy of <School or Library> to: (a) prevent user access over its computernetwork to, or transmission of, inappropriate material via Internet, electronic mail, orother forms of direct electronic communications; (b) prevent unauthorized access andother unlawful online activity; (c) prevent unauthorized online disclosure, use, ordissemination of personal identification information of minors; and (d) comply with theChildren’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].Definitions ∗Key terms are as defined in the Children’s Internet Protection Act.Access to Inappropriate MaterialTo the extent practical, technology protection measures (or “Internet filters”) shall beused to block or filter Internet, or other forms of electronic communications, access toinappropriate information.Specifically, as required by the Children’s Internet Protection Act, blocking shall beapplied to visual depictions of material deemed obscene or child pornography, or to anymaterial deemed harmful to minors.Subject to staff supervision, technology protection measures may be disabled or, in thecase of minors, minimized only for bona fide research or other lawful purposes.Inappropriate Network UsageTo the extent practical, steps shall be taken to promote the safety and security of users ofthe <School or Library> online computer network when using electronic mail, chatrooms, instant messaging, and other forms of direct electronic communications.Specifically, as required by the Children’s Internet Protection Act, prevention ofinappropriate network usage includes: (a) unauthorized access, including so-called‘hacking,’ and other unlawful activities; and (b) unauthorized disclosure, use, anddissemination of personal identification information regarding minors.Supervision and Monitoring
June 2, 2005It shall be the responsibility of all members of the <School or Library> staff to superviseand monitor usage of the online computer network and access to the Internet inaccordance with this policy and the Children’s Internet protection Act.Procedures for the disabling or otherwise modifying any technology protection measuresshall be the responsibility of <Title> or designated representatives.AdoptionThis Internet Safety Policy was adopted by the Board of <School or Library> at a publicmeeting, following normal public notice, on <Month, Day, Year>.CIPA DEFINITION OF TERMS:TECHNOLOGY PROTECTION MEASURE. The term ``technology protectionmeasure means a specific technology that blocks or filters Internet access to visualdepictions that are: 1. OBSCENE, as that term is defined in section 1460 of title 18, United States Code; 2. CHILD PORNOGRAPHY, as that term is defined in section 2256 of title 18, United States Code; or 3. Harmful to minors.HARMFUL TO MINORS. The term ``harmful to minors means any picture, image,graphic image file, or other visual depiction that: 1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 2. 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 3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.SEXUAL ACT; SEXUAL CONTACT. The terms ``sexual act and ``sexual contacthave the meanings given such terms in section 2246 of title 18, United States Code.
June 2, 2005 APPENDIX B Internet Links for Additional Information on CIPA and Internet Safety PoliciesCIPA BACKGROUND Full text of the Children’s Internet Protection Act http://www.fcc.gov/ccb/universal_service/chipact.doc FCC regulations implementing CIPA; FCC 01-120 http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc SLD’s FAQ on E-rate certification procedures and timing http://www.sl.universalservice.org/reference/CIPAfaq.asp