Children's Internet Protection Act (CIPA)
USA Today article reviews the limitations of Internet filtering software, which mistakenly filter out thousands of non-pornographic sites along with actual porn sites. Surprisingly enough, the leading producer of filtering software opposes the proposed federal law mandating the use of filters in schools and libraries. (October 2000)
Free speech advocates are protesting the Children's Online Protection Act, which requires schools and libraries to install Internet filters on their computers. One ACLU representative stated, "This is the first time since the development of the local, free public library in the 19th century that the federal government has sought to require censorship in every town and hamlet in America."
Wired News (Dec 2000)
God bless the ACLU. They relentlessly defend the First Amendment against those who would overturn it piece by piece, and for their trouble they get called "un-American." The organization has taken up the fight against mandatory Internet filtering in schools and public libraries. ACLU lawyer Chris Hansen says, "This is a mandated censorship system by the federal government ... no adult anymore can read what they want at the library."
ABC News (Dec 2000)
The Maine Library Association is the first plaintiff named in a suit challenging the mandatory Internet filtering law. The Association adopted a Statement on Internet Access and Filters in 1999, which states in part, "filtering devices block access to constitutionally protected speech and prevent library users from accessing materials they determine to be most suitable for themselves."
ABC News | Maine Library Association (Feb 2001)
Donna Ladd looks at the battle over mandatory Internet filtering at public libraries and the planned lawsuit by the ACLU and several public libraries. Ladd provides a good historical overview of Congress's attempts at Internet censorship over the years.
Village Voice (Mar 2001)
Andrew Trotter reviews the debates, policies and lawsuits over mandatory Internet filtering at schools and libraries.
Education Week (Mar 2001)
Opponents of mandatory Internet filtering in public libraries won a minor legal victory this week. Public libraries that receive federal funding for Internet access will have an
extra year to decide whether to stop accepting the funds or to comply with a new law requiring Internet content filters on all computers, under the terms of an agreement reached by the US government and groups fighting the law. Under the terms of a clarification letter from the Justice Department, libraries won't need to make a decision to go forward with Internet filtering for the next year in order to keep their funding for this year.
Newsbytes (May 2001)
SurfControl, the company that makes Cyber Patrol Internet filtering software, opposes mandatory filtering laws. In response to a Massachusetts state legislature debate over the issue, a SurfControl executive stated, "Laws that mandate filtering are not needed. Most schools and many libraries have already installed filters to help implement their policies for the acceptable use of computers. Decisions about whether to install filtering technology should be made locally, not handed down from state or federal governments."
CNET (Jun 2001)
Wired has an update on the CIPA hearings in Philadelphia. Much of it simply recaps the arguments of both sides, with quotes from this week's anti-filtering witnesses.
Wired (Apr 2002)
The three-judge panel hearing arguments over CIPA (Children's Internet Protection Act) appears likely to strike down the law. According to Declan McCullagh at Wired:
A two-week trial over library filtering ended Thursday with a trio of judges criticizing the Children's Internet Protection Act (CIPA) as an unreasonable intrusion into the rights of Americans to view legal material online. [...]
"We're stuck right in the heart of the First Amendment when we're talking about libraries," said Third Circuit Court of Appeals Chief Judge Edward Becker, who heads the special three-judge panel that a nervous Congress created to hear legal challenges to CIPA. [...]
"Every witness has testified that the statute can't be applied according to its own terms," U.S. District Judge Harvey Bartle said during closing arguments. [...]
The judges also were concerned that decisions about which websites should be blocked are made by anonymous corporate officials who consider their choices to be vital trade secrets, and in the past have threatened legal action against people who reveal the secret blacklist.... "The nameless and faceless," intoned U.S. District Judge John Fullam. "What right does the government have to require this kind of filtering system?"
But whichever way the judges rule, the losing side will immediately appeal the case to the Supreme Court.
Wired (Apr 2002)
Wired reports on Wednesday's testimony at the CIPA hearing, which featured pro-filtering librarians who support CIPA.
The Fulton County Public Library in Rochester, Indiana, not only cordons off sexually explicit material, but also bans websites that its filtering vendor has dubbed illegal or tasteless -- or that relate to hacking, dating or real-time chat. David Ewick, the library's director, testified Wednesday that he has no problem shielding adult and minor patrons from material that's entirely legal and unlikely to offend anyone. "Personals and dating, it's just one of those things," Ewick said. "It's in some of the newspapers we carry. We didn't think it was necessary (to carry on the Internet)."
Wired (Apr 2002)
A panel of federal judges has overturned the Children's Online Protection Act, which would have required school and public libraries receiving federal funds to install filtering software on Internet terminals. Their 195-page decision stated, "Any public library that adheres to CIPA's conditions will necessarily restrict patrons access to a substantial amount of protected speech in violation of the First Amendment." (May 31, 2002)
First Amendment lawyer Eugene Volokh discusses the CIPA decision at the Volokh Conspiracy. Among other things: "The Supreme Court will almost certainly have to rehear this case, a prediction that I very rarely make." (Jun 2002)
More coverage of yesterday's CIPA decision at Wired and the New York Times. If you're so inclined, you can read the judges' complete 195-page decision online in HTML or PDF formats (or print it out to read at the beach). The American Library Association website has a section devoted to CIPA, including a new press release "ALA applauds federal court ruling on CIPA." (Jun 2002)
Julia Scheeres discusses the legal battle over CIPA. (Nov 2002)
