Children’s Internet Protection Act of 2000
The Children’s Internet Protection Act (CIPA) of 2000 is a federal law aimed at safeguarding minors from exposure to inappropriate online content while using the Internet in public schools and libraries. In response to the growing accessibility of explicit material online alongside the increasing use of the Internet in educational settings, CIPA mandates that public schools and libraries must install filtering software to block obscene or pornographic content. This requirement allows them to qualify for federal discounts on Internet access through the E-rate program.
While CIPA has been upheld as constitutional by the Supreme Court, it has faced criticism for potentially infringing on First Amendment rights, as filtering software can sometimes block legitimate information while failing to adequately shield users from inappropriate content. Supporters of CIPA argue that it is essential for creating a safer online environment for children, contributing to their educational pursuits. The law remains a significant piece of Internet legislation, reflecting ongoing debates about the balance between protecting children and ensuring access to information.
Children’s Internet Protection Act of 2000
The Law: Federal law requiring public schools and libraries to use Internet content filters to qualify for discounts on the cost of Internet access
Date: December 21, 2000
Also Known As: Children’s Internet Protection Act; CIPA
The Children’s Internet Protection Act of 2000 was designed to help provide minors with the opportunity to conduct research on the Internet in public schools and libraries without risk of exposure to indecent material. CIPA made this possible by requiring public schools and libraries that receive discounts for Internet access through the Federal Communications Commission's E-rate program to install Internet filtering software.
In the 1990s, as interest in and use of the Internet expanded, many public schools and libraries began to offer free Internet access to students and other users. At the same time, the amount of explicit content available online increased as well. In response, many activists called for the federal government to enact some form of legislation to protect children from exposure to explicit content while using public computers to access the Internet.
Prior to the 2000s, Congress twice tried to enact legislation intended to address this issue. In 1996 and 1998, respectively, Congress passed the Communications Decency Act (CDA) and the Child Online Protection Act (COPA), but both of these laws were eventually struck down by the US Supreme Court after they were deemed in violation of the First Amendment. The Children’s Internet Protection Act, first introduced in 1999, was designed to protect young Internet users while respecting the constitutional rights of users in general.
While earlier legislation tried to criminalize the transmission of inappropriate materials via the Internet, CIPA provides an incentive for public schools and libraries to use filtering software on their computers. Specifically, CIPA states that public schools and libraries can only be eligible for federal discounts on Internet access if they employ filtering software that blocks any material that is obscene, pornographic, or otherwise inappropriate for children.
While CIPA was enacted successfully and survived the scrutiny of the Supreme Court, it had detractors. Some argued that CIPA violates the First Amendment in that it interferes with users’ access to legitimate information. CIPA’s opponents argued that the use of filtering software is an ineffective means of protecting children, because it often either underblocks or overblocks content, meaning that it may allow some explicit content to be viewable while blocking other appropriate content that it mistakenly deems inappropriate.
Impact
Though debate over the constitutionality of CIPA continued throughout the 2000s, the law remains in force. In 2011, the Federal Communications Commission updated the CIPA rules. The law's supporters hold that it is an important tool in the effort to protect children from explicit content and provide them with a safe online environment for learning. As one of the earliest successful pieces of web-related legislation, CIPA has stood as one of the landmark achievements of Internet law.
Bibliography
American Library Assoc. "The Children's Internet Protection Act (CIPA)." ALA.org. American Library Assoc., n.d. Web. 11 Feb. 2015.
Federal Communications Commission. "Children's Internet Protection Act." FCC.gov. Federal Communications Commission, 31 Dec. 2014. Web. 11 Feb. 2015.
Gottschalk, Lana. “Internet Filters in Public Libraries: Do They Belong?” Library Student Journal. Library Student Journal, Sept. 2006. Web. 7 Dec. 2012.
Rodden, Kelly. “The Children’s Internet Protection Act in Public Schools: The Government Stepping on Parents’ Toes?” Fordham Law Review 71.5 (2003): 2141–75. Print.
United States. Cong. Senate. Children’s Internet Protection Act of 2000. 106th Cong. 1st sess. S 97. Washington: GPO, 1999. Print.