technology that blocks or filters access to visual depictions that are obscene, . . . child

pornography, . . . or harmful to minors.   CIPA   1703(b)(1) (codified at 47 U.S.C.  

254(h)(7)(I)).

To receive E rate discounts, a library must also certify that filtering software is in

operation during adult use of the Internet.  More specifically, with respect to adults, a

library must certify that it is  enforcing a policy of Internet safety that includes the

operation of 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   (I) obscene; or (II) child pornography,  and that it is  enforcing the operation of

such technology protection measure during any use of such computers.   CIPA   1721(b)

(codified at 47 U.S.C.   254(h)(6)(C)). Interpreting the statutory terms  any use,  the

FCC has concluded that  CIPA makes no distinction between computers used only by

staff and those accessible to the public.  

 In re Federal State Joint Board on Universal

CIPA   1721(c) (codified at 47 U.S.C.   254(h)(7)(G)).

CIPA prohibits federal interference in local determinations regarding what Internet

content is appropriate for minors:

A determination regarding what matter is appropriate for minors shall be

made by the school board, local educational agency, library or other

authority responsible for making the determination.  No agency or

instrumentality of the United States Government may   (A) establish

criteria for making such determination; (B) review the determination made

by the certifying [entity] . . . ; or (C) consider the criteria employed by the

certifying [entity] . . . in the administration of subsection (h)(1)(B).

CIPA   1732 (codified at 47 U.S.C.   254(l)(2)).

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