MSLN - CIPA, Content Filtering and AUPs

Background

MSLN is currently using an N2H2 "enterprise" solution for filtering schools that are connected to MSLN to comply with the Children's Internet Protection Act (CIPA). In order to meet the requirements imposed by this federal law (CIPA) and eliminate the risk of MSLN losing E-rate funding, content filtering was turned on for all schools connected to MSLN on July 1, 2002. At that time public libraries were not required to filter but on June 23, 2003, the U.S. Supreme Court in United States v. ALA reversed the District Court's decision Supreme Court ruling libraries that receive federal e-rate funds will be required to filter beginning July 1, 2004. (From the ALA's CIPA Q&A - PDF format)

The Maine State Library has a Fact Sheet and a Preface to that Fact Sheet for public libraries at their website.

• Preface - HTML
  
• Fact Sheet - HTML   PDF (for printing)

From the Maine State Library's Preface

"First a reminder - Because telecommunications services (telephone services, 56k lines, T1, ATM, etc.) are not subject to CIPA, libraries may apply for such services without the need to acquire filters. This means that libraries may continue to receive E-Rate funding for such services either by applying for them on their own or by continuing to participate in MSLN for the transport part of the service (We hope to be able to provide more information about this kind of option in the next fact sheet and see it as a next step after libraries have considered the pros and cons of continuing as a full-participant in MSLN.)"

Note: Since this preface was written, a decision by the Maine PUC indicates the option below for Maine libraries.
The cost for ISP service for MSLN libraries (and schools) is $140 per site. The Federal e-rate portion for this service is $84 per month regardless of level of connection - (56K, T-1, or ATM). The MTEAF will continue to provide the $56 per month contribution for libraries that do not apply for federal e-rate and are not in compliance with CIPA. You can read the PUC's February 20, 2004 Order at: http://www.state.me.us/mpuc/orders/2001/2001-223o7.htm The MSLN N2H2 Filter is already being used by K-12 schools connected to MSLN and libraries will begin to be filtered as of July 1, 2004.



Preface continued...
"To continue to be eligible for full-E-Rate funding which includes Internet Services and Internal Connections all libraries whether they participating in MSLN or not must:

1. Have an Acceptable Use Policy in place that addresses the five requirements of NCIPA. (All libraries currently participating in MSLN must already meet this requirement as NCIPA was not part of the court cases.) See CIPA section at: http://www.maine.gov/msl/erate/erate.htm
2. In Year 2003 (the current year) be undertaking actions to come into full compliance with CIPA's filtering requirement (i.e. investigating costs, products, service providers and budget needs) and make a decision by June 30th, 2004 whether or not to filter.
3. In Year 2004 (starting July 1, 2004) have a "technology protection measure" for all computers, including staff computers, that block the visual depiction of materials containing obscenity, child pornography and materials harmful to minors.
   The law does not require the filtering of text nor do the rules make specific recommendations about products or levels of blocking. The FCC considers this a local decision denoted in your Acceptable Use Policy (AUP).*
4. Have a procedure in place for unblocking any filter upon the request of an adult. Remember that the Supreme Court decision negates the need for adult patrons to give any reason for requesting that filters be turned off. The local AUP also needs to determine who may disengage the filters.
   In this context the questions below examine how MSLN's filtering product would allow libraries to meet the CIPA requirement while maintaining library requirements of maximum flexibility and accessibility. "
   
   * Libraries will need to amend their AUP to show what they have determined as the appropriate level of protection for their library.
   Read the entire Preface at the Maine State Library Web Site.

Additional Information

• Fact Sheet for MSLN/UNET Filtering Option from the Maine State Library
  
• MSLN Filter Information FAQ on CIPA
• Compliance from the Maine State Library website
  
  
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