his candidacy for Congress in 2002.

3

C.  The Internet

1.  Background

As we noted at the outset, the Internet is a vast, interactive medium consisting of a

decentralized network of computers around the world.  The Internet presents low entry

barriers to anyone who wishes to provide or distribute information.  Unlike television,

cable, radio, newspapers, magazines or books, the Internet provides an opportunity for

those with access to it to communicate with a worldwide audience at little cost.  At least

400 million people use the Internet worldwide, and approximately 143 million Americans

were using the Internet as of September 2001.  Nat'l Telecomm. & Info. Admin., 

A

Nation Online: How Americans Are Expanding Their Use of the Internet  

(February

2002), 

available at

http://www.ntia.doc.gov/ntiahome/dn/.

The World Wide Web is a part of the Internet that consists of a network of

computers, called  Web servers,  that host  pages  of content accessible via the

3

  The government challenges the standing of several of the plaintiffs and the ripeness

of their claims.  These include all of the Web site publishers and all of the individual

library patrons.  Notwithstanding these objections, we are confident that the  case or

controversy  requirement of Article III,   2 of the Constitution is met by the existence of

the plaintiff libraries that qualify for LSTA and E rate funding and the library

associations whose members qualify for such funding.  These plaintiffs are faced with the

impending choice of either certifying compliance with CIPA by July 1, 2002, or

foregoing subsidies under the LSTA and E rate programs, and therefore clearly have

standing to challenge the constitutionality of the conditions to which they will be subject

should they accept the subsidies.  We also note that the presence of the Web site

publishers and individual library patrons does not affect our legal analysis or disposition

of the case.

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