FCC Issues Rules on Filtering, E-rate

Librarians will need to have their Internet filtering plans ready a year earlier than expected under new rules implementing the Children's Internet Protection Act (CIPA). On April 5, the Federal Communications Commission (FCC) issued its much-awaited rules on CIPA, which will require libraries receiving e-rate funding to install filtering software on all their Internet computers. The rules will require e-rate participants to comply with CIPA during Year 4, the e-rate funding year that begins on July 1, instead of a year later, as many librarians had hoped. These libraries will need to officially demonstrate compliance by October 28.

"Compliance" with the FCC order does not mean that libraries will need to install filters during Year 4, according to the American Library Association's (ALA) interpretation. It does mean, however, that libraries will need to certify that filtering and related monitoring requirements are either in place as of October 28, 2001, or that steps are being taken to put them in place for Year 5. Emily Sheketoff, director of ALA's Washington Office, says that during Year 4, the steps taken should include a public hearing, as well as policies and procurement procedures verifying that filtering software will be purchased and in place for Year 5, which begins on July 1, 2002. But ALA's initial interpretation isn't final, adds Sheketoff, who says that CIPA is very complex. "The FCC wasn't totally clear about everything [librarians need to know], and we're going to go back to the FCC for clarification," she says.

ALA and others who sent comments to the commission argued that compliance with the law should not be required until Year 5. That's because the applications for Year 4 had long since been submitted before CIPA was signed into law. ALA also argued that compliance with the law should wait until pending lawsuits against the act by the American Civil Liberties Union (ACLU) and ALA are settled.

Sheketoff says that ALA's law firm, Jenner & Block, is evaluating the regulations. In the meantime, she says, ALA and the many librarians opposed to CIPA will just have to wait for the courts to hear the ACLU and ALA lawsuits. "We're still in the early stages here and litigation moves slowly," Sheketoff says.