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Re: [K12OSN] CIPA and xxxGUARD



On Mon, 10 Jun 2002, Kirk Rheinlander wrote:

>I have not read the ruling, but articles on the subject have indicated that 
>the installation of filtering software is a violation of first amendment 
>rights of free speech. The one article that I have found/read so far only 
>seems to impact libraries, so I am not sure it impacts this list. However, 
>if it does, the implications "may" be that, by installing filtering 
>software (xxxGuard) is illegal? Hopefully, the arguments main tenant on 
>"restricting adults' access" may leave CIPA intact for schools.... but it 
>is something to be aware of.


Note that some provisions of the LAW which REQUIRE filtering have been
deemed unconstitutional, not the use of filtering software itself.


Here's the full text of the ruling:

	http://www.paed.uscourts.gov/documents/opinions/02D0415P.HTM


The Order itself is short:

   AND NOW, this day of May, 2002, based on the foregoing findings of fact
   and conclusions of law, it is hereby ORDERED that:

   (1) judgment is entered in favor of the plaintiffs and against the
   defendants, declaring that §§ 1712(a)(2) and 1721(b) of the Children's
   Internet Protection Act, 20 U.S.C. § 9134(f) and 47 U.S.C. § 254(h)(6),
   are facially invalid under the First Amendment to the United States
   Constitution; and

   (2) the United States, Michael Powell, in his official capacity as Chairman
   of the Federal Communications Commission, the Federal Communications
   Commission, Beverly Sheppard, in her official capacity as Acting Director
   of the Institute of Museum and Library Services, and the Institute of
   Museum and Library Services are permanently enjoined from withholding
   federal funds from any public library for failure to comply with §§
   1712(a)(2) and 1721(b) of the Children's Internet Protection Act, 20 U.S.C.
   § 9134(f) and 47 U.S.C. § 254(h)(6).


Here's the text of the law: http://www.cybertelecom.org/cda/cipatext.htm

As far as I can tell (I'm not a lawyer ;-), all of the sections listed
paragraph (1) of the order are library-specific. Also note that in 
paragraph (2) of the order, the FCC is only barred from withholding funds
to libraries - no mention of schools.

So it'll be interesting to see how all of this washes out.

-Eric





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