Join With CDT in Making an Impact on Internet Policy!
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Issue Areas
Pennsylvania Web Blocking
Political Speech
User Empowerment
Studies
Spam
Resources
Legislation
Bills from the 108th Congress (2003-2004)
Bills from the 107th Congress (2001-2002)
Bills from the 106th Congress (1999-2000)
Bills from the 105th Congress (1997-1998)
Children's Internet Protection Act (2000)
Communications Decency Act (1996)
Child Online Protection Act (1998)
Court Cases
French Yahoo! Case
Current Challenge to Child Online Protection Act
Landmark Supreme Court Ruling on Internet Free Speech
Resources for Parents
GetNetWise
Publications
Square Pegs and Round Holes: Applying Campaign Finance Law to the Internet
Report to the Federal Trade Commission of the Ad-Hoc Working Group on Unsolicited Commercial Email
Regardless of Frontiers: Protecting the Human Right to Freedom of Expression on the Global Internet
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| CIPA |
| The Children's Internet Protection Act requires public libraries that receive federal funding to install and use Internet filtering software. CDT, along with other civil liberties, public interest, educational, corporate and conservative organizations, publicly opposed filtering mandates as a violation of the First Amendment. While CDT believes that when used by families filters can serve as a useful tool in guiding children's online experience, CDT maintains that their mandated implementation by government is an unconstitutional restriction of free speech. In June 2003, the Supreme Court upheld CIPA, suggesting that adults had a right to insist that librarians unblock legal sites that were blocked. Going forward, it will be important that public libraries use filters wisely and press to make sure that filters foster First Amendment rights.
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| Headlines |
| January 12, 2004 |
CDT Releases Proposed Guidelines for Libraries Installing Filtering under Federal Law At the American Library Association's Midwinter meeting, CDT released Version 1.0 of its "Principles for CIPA-Mandated Filtering in Public Libraries." The principles are intended to help libraries that are required to install Internet filtering software under the Childrens Internet Protection Act do so in a manner that promotes free speech and robust access to information. CDT invites public comment on the principles.
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| June 23, 2003 |
Supreme Court Upholds Library Filtering Law The US Supreme Court today affirmed a law requiring libraries that receive federal funding to filter Internet access. CDT had filed briefs arguing that the law's one-size-fits-all mandate was unconstitutional, as it would result in the blocking of lawful and valuable web sites. Two swing Justices suggested that adults had a right to insist that librarians unblock legal sites blocked by the filters. CDT President Jerry Berman called upon the library community to use filters wisely and to insist that they foster free speech values. "Librarians," he said, "should seize this unwelcome opportunity to demand that filters be more First Amendment-friendly by disclosing what they block and how they can be customized to suit the needs of local communities."
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| February 11, 2003 |
CDT joins Friend-of-the-Court Brief to Supreme Court in Library Filtering Case. CDT joins authors, book and magazine publishers, and sellers and distributors of books and other publications in filing a friend-of-the-court brief in the Supreme Court in the government's appeal of an injunction blocking the Children's Internet Protection Act ("CIPA"). CIPA would require nearly every public library in America to install and use Internet filtering software. The brief filed on February 10 argues that CIPA would severely diminish the capacity of library patrons to access constitutionally protected materials via the Internet. The brief notes that although filters are unconstitutional when mandated by government, they remain a valuable tool for voluntary use by individuals and families. more
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| November 14, 2002 |
Supreme Court Agrees to Hear Challenge to Filter Mandate The Supreme Court has announced that it will hear the case brought by the American Library Association and Multnomah County Public Libraries challenging the Children's Internet Protection Act. The Court will decide if public libraries that receive federal funding can be required to install filtering software to block Web sites deemed "harmful to minors." A lower court struck down the Act, ruling that it violates the First Amendment because filters would block constitutionally protected speech, including sites on politics, health issues and science. |
| May 31, 2002 |
Three Judge Panel Declares Library Filtering Mandate Unconstitutional On May 31, In another blow to content regulations on the Internet, a federal district court panel has held the library filtering requirements of the Children's Internet Protection Act, or "CIPA," unconstitutional. In a unanimous decision, the court held CIPA's mandate that libraries filter Internet access as a condition of receiving certain federal funds was "facially invalid under the First Amendment," and ordered the government not to enforce the provisions. CDT opposed passage of CIPA, arguing the law imposed a one-size-fits-all filtering approach blocking access to Constitutionally-protected content. The case, America Library Association v. U.S., will almost certainly now be appealed directly to the Supreme Court. more
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| March 27, 2002 |
Children's Internet Protection Act Case Heard by Federal Court On March 25 in the Federal court in Philadelphia, the American Library Association and the American Civil Liberties Union began presentation of a case challenging the constitutionality of the Children's Internet Protection Act (CIPA), legislation requiring all libraries to install Internet filters. Librarians laid the factual foundation about the overblocking and underblocking limitations of filtering software, and described the ongoing steps being taken by libraries to assure that their patrons' Internet experience meets their needs and the needs of their families without filtering. The proceedings underscored CDT's message that filters are imperfect but useful tools when used voluntarily by families but are dangerous when mandated by government. more |
| July 31, 2001 |
Court Challenge to Mandatory School and Library Filtering Moves Forward A federal court in Philadelphia, on July 26 declined to dismiss a constitutional challenge to the Children's Internet Protection Act (CHIPA), saying the complaint contained "enough factual allegations to withstand dismissal." The American Library Association and the ACLU filed the suit in March, arguing that CHIPA violates the First Amendment. CHIPA requires public schools and libraries to install filtering systems on Internet computers to block objectionable Web sites. The case now is set for trial Feb. 14 before a three-judge panel. more |
| May 17, 2001 |
Libraries Win Delay From New Federal Filtering Laws Under an agreement reached in U.S. District Court, the deadline by which public libraries will be required to install Internet filtering software on their computers has been extended until July 2002. The agreement between federal attorneys and library advocates came during a hearing on two lawsuits that challenge the constitutionality of the Children's Internet Protection Act (CHIPA). CHIPA cuts off federal funding to libraries and schools that don't use Internet filters, even if they use other methods to promote safety online. CDT believes that the key to responsible online safety is a diverse marketplace of tools and programs, not broad, "one-size-fits-all" solutions.
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| April 4, 2001 |
House Subcommittee Revisits Filtering Mandates The House Subcommittee on Telecommunications and the Internet held a hearing to explore the impact of the controversial Children's Internet Protection Act (CIPA) on popular federal funding sources such as the "e-rate" program." Passed at the end of the last session, CIPA requires schools and public libraries to install Internet filters. In a letter to the Subcommittee's leadership, CDT pointed out the persistent constitutional flaws in CIPA, already itself the subject of two lawsuits claiming that it unconstitutionally restricts free speech values. CDT also urged Congress to give proper weight to Congress's own research group on this subject, the COPA Commission.
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| March 20, 2001 |
Constitutionality of Filtering Mandates is Challenged in Courts Libraries and civil liberties groups have filed in federal court challenging the constitutionality of the Children's Internet Protection Act (CHIPA), the school and library Internet filtering mandate. Passed at the end of the last Congress, CHIPA unconstitutionally restricts free speech and invades the privacy of minors. Under the law, schools and libraries will be required to install Internet filtering software or lose federal funding. Schools will be additionally required to monitor students' online activity.
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| February 16, 2001 |
CDT Comments to FCC on Mandatory Filtering Last month, CDT and People For the American Way have submitted comments to the FCC urging it not to implement the Act at all because the Children's Internet Protection Act, which passed Congress late last year as part of an omnibus appropriations package, unconstitutionally restricts free expression online and violates the privacy rights of minors. As CDT predicted the Act has been challenged in court.
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| December 18, 2000 |
Internet Filtering Mandates Pass Congress Congress has approved language requiring that schools and libraries receiving federal technology funding must use Internet filtering software to block objectionable materials. The "Children's Internet Protection Act," part of the massive budget bill funding the government for next year and passed by both the House and Senate on December 15, is now all but certain to become law. In addition to removing local control over if and when filters should be used, the bill raises serious constitutional free speech concerns and is likely to be challenged in the courts.
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| October 12, 2000 |
Broad Opposition to Filtering Mandates Emerges A coalition of organizations from across the political spectrum has come together to oppose federal attempts to mandate Internet filtering in libraries and schools. CDT is one of a large group of organizations--civil libertarian, public-interest, educational, corporate, and conservative--that publicly oppose filtering mandates as an inappropriate intrusion by the federal government. A bipartisan group of Senators has joined CDT in advocating against filtering mandates. Senators Patrick Leahy (D-VT), Jim Jeffords (R-VT), and Jack Reid (D-RI) have issued an important letter urging their colleagues to oppose the current draft of filtering legislation.
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| October 4, 2000 |
Mandatory Internet Filtering Nears Passage -Despite its controversial nature, the mandatory Internet filtering amendment attached to the Labor, Health and Human Services, and Education Appropriations bill, HR 4577, is very near passage. The amendment ties federal education and library funds to a requirement that schools and libraries install Internet filtering software on their computers. The language also contains provisions for monitoring children's Internet surfing habits.
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| August 7, 2000 |
Filtering, Monitoring Language Reintroduced In Appropriations Bill Although the conference on the Labor-HHS appropriations bill H.R. 4577 has closed, last-minute maneuvering by several members resulted in the readdition of filtering language to the bill. The new amendment is an amalgamation of several members' previous filtering provisions, and not only mandates the use of Internet filters in schools and libraries, but also the monitoring of students' online activities.
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| Policy Posts |
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