The Children's Internet Protection Act (CIPA) is one of a number of bills that the United States Congress proposed to limit children's exposure to pornography and explicit content online.
Background
Both of Congress's earlier attempts at restricting indecent Internet content, the Communications Decency Act and the Child Online Protection Act, were held to be unconstitutional by the U.S. Supreme Court on First Amendment grounds.
CIPA represented a change in strategy by Congress. While the federal government had no means of directly controlling local school and library boards, many schools and libraries took advantage of Universal Service Fund (USF) discounts derived from universal service fees paid by users in order to purchase eligible telecom services and Internet access. In passing CIPA, Congress required libraries and K-12 schools using these E-Rate discounts on Internet access and internal connections to purchase and use a "technology protection measure" on every computer connected to the Internet. These conditions also applied to a small subset of grants authorized through the Library Services and Technology Act (LSTA). CIPA did not provide additional funds for the purchase of the "technology protection measure".
Stipulations
CIPA requires K-12 schools and libraries using E-Rate discounts to operate "a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors". Such a technology protection measure must be employed "during any use of such computers by minors". The law also provides that the school or library "may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose". Schools and libraries that do not receive E-Rate discounts or only receive discounts for telecommunication services and not for Internet access or internal connections, do not have an obligation to filter under CIPA. As of 2007, approximately one-third of libraries had chosen to forego federal E-Rate and certain types of LSTA funds so they would not be required to institute filtering.
This act has several requirements for institutions to meet before they can receive government funds. Libraries and schools must "provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy" () as added by CIPA sec. 1732).
The policy proposed at this meeting must address: Measures to restrict a minor's access to inappropriate or harmful materials on the Internet Security and safety of minors using chat rooms, email, instant messaging, or any other types of online communications Unauthorized disclosure of a minor's personal information Unauthorized access like hacking by minors CIPA requires schools monitor minors' Internet use, but does not require tracking by libraries. All Internet access, even by adults, must be filtered, though filtering requirements can be less restrictive for adults (filtering obscene and pornographic material but not other "harmful to minors" materials).
Content to be filtered
The following content must be filtered or blocked: Obscenity as defined by Miller v. California (1973) Child pornography as defined by 18 U.S.C. 2256 Harmful to minors
Some of the terms mentioned in this act, such as "inappropriate matter" and what is "harmful to minors", are explained in the law. Under the Neighborhood Act ( as added by CIPA sec. 1732), the definition of "inappropriate matter" is locally determined:
The CIPA defines "harmful to minors" as: