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Children's Internet Protection Act (CIPA) Ruling by United States District Court For The Eastern District Of Pennsylvania
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measure during any use of such computers by minors." CIPA Sec.
1721(b) (codified at 47 U.S.C. Sec. 254(h)(6)(B)). CIPA defines a
"technology protection measure" as "a specific technology that
blocks or filters access to visual depictions that are obscene, .
. . child pornography, . . . or harmful to minors." CIPA Sec.
1703(b)(1) (codified at 47 U.S.C. Sec. 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 Sec.
1721(b) (codified at 47 U.S.C. Sec. 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 Service: Children's Internet Protection Act, CC Docket
No. 96-45, Report and Order, FCC 01-120, 30 (Apr. 5, 2001).
With respect to libraries receiving E-rate discounts, CIPA
further specifies that "[a]n administrator, supervisor, or other
person authorized by the certifying authority . . . may disable
the technology protection measure concerned, during use by an
adult, to enable access for bona fide research or other lawful
purpose." CIPA Sec.1721(b) (codified at 47 U.S.C. Sec. 254(h)(6)(D)).
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