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Children's Internet Protection Act; Questions and Answers

Library Policy | Legal Action

The Children's Internet Protection Act (CIPA) was signed into law by President Clinton in December 2000. This law requires public libraries receiving certain federal funds to: (1) adopt Internet safety policies and (2) use mandatory filtering software to block Internet access for children and adults to materials that are obscene, contain child pornography or are deemed to be harmful to minors. After a legal challenge to (2), the U.S. District Court of Philadelphia struck down this provision of CIPA as unconstitutional in May 2002. CIPA's requirement that libraries adopt Internet safety policies (1) was not challenged, and remains.

An appeal of the U.S. District Court's decision was filed with the U.S. Supreme Court by the federal government. The U.S. Supreme Court heard the case in March 2003. On June 23, 2003, the Supreme Court reversed the lower court's ruling and upheld the federal law.

Multnomah County Library is working with the Multnomah County Attorney's Office to fully understand the implications of the Supreme Court decision. We are also awaiting guidelines from the Federal Communications Commission and the Institute of Museum and Library Services regarding the effect of the Supreme Court's decision on our future eligibility for E-Rate Internet access discounts and grants from the Library Services and Technology Act. Once this information is available, we will be able to understand what is entailed and to assess the associated costs. We will carefully weigh the costs of implementation against the potential loss of federal funds before taking action.

The following information describes current library policy relating to CIPA and Internet filtering.

Library Policy

1. What is Multnomah County Library's policy regarding Internet access?
Multnomah County Library first offered Internet access in 1996. Since then, the library's policy regarding safe use of the Internet has evolved based on our experience providing this service to the community. The library's policy affirms our commitment to providing free public Internet access to all library users and encourages users to be good information consumers. The complete text of the library's Internet use policy is at www.multcolib.org/about/pol-internet.html.
2. Are library computers currently installed with Internet filtering software?
Filtering software was installed for optional use on all Internet computers in early 2001. The Library Board endorsed offering filtering software as an option for library users in March 2000. Because this filtering software is optional, not mandatory, it does not meet the federal requirements under CIPA.
3. Why is filtering software only an option? Why not filter all searches?
No software can substitute for the judgement and supervision of parents who can make decisions for their child based on their child's age and level of maturity in the context of their family's values. And, despite advances in technology, filtering software is not reliable. In attempting to block out materials that some find offensive, filters also block materials that many library users find useful. One popular filter, for example, blocks out the Homework Center on the Multnomah County Library Web site, which is designed specifically to assist children in achieving success in school.
4. How does the library help customers navigate the Internet safely?
The Internet is a rich resource, offering access to ideas and information from around the globe. It also is a vast unregulated medium and contains some potentially offensive materials. The library has policies to guide its selection of books and other materials, but the Internet poses much more difficult challenges. For legal and technical reasons, the library cannot regulate Internet content. Thus, the Internet calls on all of us to become even more skilled information consumers.

Multnomah County Library is a national leader in providing Internet access to library users and has had substantial experience in developing Internet use policies and procedures.

The library has taken these steps to help library users navigate the Internet safely:

- We offer the option of filtering software.
- We identify on our Web page specific starting points, appropriate to the library's mission and role, for Internet searches.
- We maintain special Web pages for children (KidsPage), teens (Outernet), students (Homework Center) and others to help them find age- and topic-appropriate information on the Internet.
- We offer free classes to help the public learn to use the Internet effectively.
- We have installed privacy screens so customers cannot view each other's computer screens.
- We affirm the right and responsibility of parents to decide what library resources are appropriate for their children and to monitor their children's use of library resources.
- We remind parents of these rights and responsibilities when they register for library cards for their young children.

The library also offers two brochures regarding children and Internet use. Printed versions of these publications are available at all library locations.

"Child Safety on the Information Highway", "Parent's Guide to Multnomah County Library"

5. How does the library protect children from pornography?
No one wants children to be exposed to pornography on the Internet, on television, in print, or anyplace else. What's important is finding effective solutions to this serious problem. As a recent report by the National Academy of Sciences' National Resource Council indicates, no single approach will succeed in protecting children. Internet filters are only one of several tools that will contribute to a balanced solution including education, law enforcement and public policy. And the involvement of local communities to determine which strategies make sense in their particular situation is also critical. The May 2002 decision by the U.S. District court on CIPA also affirmed that public libraries can protect children using many alternatives to mandatory filtering.

Multnomah County Library does all it can to create a safe and welcoming environment for children. In addition to providing optional filters, we work very hard to ensure that every child's library experience is a positive one. Children are encouraged to use computers in the children's area of the library. These computers open directly to the library KidsPage, which features quality children's websites chosen by library staff and other age-appropriate information.

The library encourages parents to play an active role in guiding their child's use of the library in the following ways:

  • Discuss family rules regarding Internet use at the library with their children.
  • Monitor their children's Internet use at the library.
  • Ask library staff members for help in selecting library materials to suit their family's interests and values.
  • Show an interest in what their children borrow from the library, taking the opportunity to provide guidance if a particular choice seems inappropriate.
6. Do library customers complain about Internet content?
Complaints about Internet content are rare. More frequently, Multnomah County Library customers complain they do not have enough time on the computers, which we limit to one hour a day to ensure that as many patrons as possible have access. Our experience in this area is similar to other libraries. A recent survey of 1,000 public libraries by the University of Illinois' Library Research Center found that while 50% received complaints about Internet access, only 7% of these complaints related to Internet content.
7. What does the library do if a customer uses its computers improperly?
The library may revoke computer privileges, library privileges and/or alert law enforcement officials if its computers are used for illegal or other improper activities. If customers see a potential problem, they should alert staff, who will assess the situation and take appropriate action.

Legal Action

  1. What is the ACLU lawsuit?
    The American Civil Liberties Union (ACLU), American Library Association (ALA) and other groups oppose federally mandated Internet filtering software. The ACLU decided to challenge the federal law in court and invited Multnomah County Library to participate as one of several libraries to be named as plaintiffs in the suit.
  2. Why did the library participate in this lawsuit?
    Multnomah County Library, the Multnomah County Library Board and the Multnomah County Board of Commissioners believed the national legislation to be flawed for several reasons, including the poor performance of filters. In addition, the question is who should make policy regarding how local libraries offer Internet access to the public � local policy makers or the federal government? The new federal requirements reach down to local libraries and overrule local decision making. The Multnomah County Board of Commissioners and the Multnomah County Library Board believe decisions about how to offer public access to the Internet should be made at the local, not the federal, level.
  3. Did Multnomah County spend tax dollars on the lawsuit?
    County attorneys and library staff spent time answering questions and providing information about the lawsuit. However, Multnomah County did not finance the actual litigation. The ACLU and the American Library Association, acting as lawyer for the libraries and library associations, financed the lawsuit.
  4. Who authorized the library's participation in the lawsuit?
    On Feb. 22, 2001, the Multnomah County Board of Commissioners unanimously accepted the recommendation of the Library Board and authorized the library to enter into the lawsuit.
  5. What is the current status of the lawsuit?
    On March 20, 2001, the ACLU and the American Library Association filed simultaneous lawsuits, which were later joined into one challenge. At the request of federal attorneys and the other plaintiffs, Multnomah County Library responded to a series of interrogatories and compiled documentation related to Internet use, book selection, filtering and library policies. On March 25, 2002, the library provided testimony at the trial, which was held at the U.S. District Court in Philadelphia.

    In May 2002, the U.S. District Court unanimously struck down CIPA as unconstitutional and affirmed the importance of local control in determining library Internet policies. An appeal of this decision was filed with the U.S. Supreme Court by the federal government. The U.S. Supreme Court heard the case in March 2003. On June 23, 2003, the Supreme Court reversed the lower court's ruling and upheld the federal law

    .

    Multnomah County Library is working with the Multnomah County Attorney's Office to fully understand the implications of the Supreme Court decision. We are also awaiting guidelines from the Federal Communications Commission and the Institute of Museum and Library Services regarding the effect of the Supreme Court's decision on our future eligibility for E-Rate Internet access discounts and grants from the Library Services and Technology Act. Once this information is available, we will be able to understand what is entailed and to assess the associated costs. We will carefully weigh the costs of implementation against the potential loss of federal funds before taking action.