More Information on Supreme Court CIPA Ruling

On June 23, 2003, the U.S. Supreme Court ruled that the Internet filtering mandate for public libraries in the Children's Internet Protection Act (CIPA) is constitutional. This action reversed a 2002 federal district court ruling.

Our current understanding is that this decision will affect public libraries which (1) receive the e-rate discount for Internet connections and/or (2) use LSTA funding to purchase computers to access the Internet or to pay for Internet connections. We further understand that libraries which receive the e-rate discount for telecommunications (rather than Internet connections), and libraries which receive other sources of federal funding, are not required to filter the Internet as a result of this decision.

The Federal Communications Commission will issue information on the time frame and process regarding the e-rate program and libraries' compliance with CIPA. The Schools and Library Division (SLD, under the auspices of USAC) will provide guidance for libraries after the FCC announces its decision. The American Library Association and its E-rate Task Force will issue additional detailed information. Since the 2003 e-rate funding year begins on July 1, ALA has encouraged the FCC to allow libraries until June 30, 2004 to comply with the filtering mandate.

By early August, the Institute of Museum and Library Services, the federal agency which administers the LSTA program, will provide updated guidance to state libraries regarding use of LSTA funds.  Effective July 1, 2003, the State Library will not accept the e-rate discount for State Library or SILO Internet connections, nor will we use federal LSTA funds to pay for Internet connections. Therefore, to the best of our understanding at this time, no Iowa library will be obligated to filter the Internet as a result of participation in SILO, EBSCOhost, or other State Library programs.

If your library has already completed e-rate form 486 for e-rate discounts on Internet services to begin on July 1, 2003, you should contact your Internet service provider immediately regarding your intentions. If you plan to apply for an e-rate discount for Internet connections, but have not yet done so, we recommend that you wait to see if form 486 changes.  Libraries have 120 days from July 1, 2003, to submit form 486 and receive discounts retroactive to July 1.

Please watch the State Library and ALA web sites for additional information. If you have questions regarding e-rate discounts or the effect of CIPA on LSTA grants, please contact Judy Jones.