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Re: [K12OSN] CIPA and xxxGUARD



Ben Mabbott wrote:
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.


That is certainly the logical conclusion of the ACLU's argument. And it
would be the next logical step for the judge to say that since the ACLU
successfuly argued that filtering content violates the 1st amendment, that
all filtering by public institutions is now illegal.

Fortunatly, while logic moves easily to that next step, our legal system
doesn't. All this case has the power to decide is whether forcing filtering
is legal, they can't say that filtering is illegal...there's a subtle
difference. What this does do is set president, so if some wacko decides to
go to court to make filtering illegal, he has a prior case to base an
argument on. However, there is a huge difference between getting a judge to
overturn a law forcing institutions to filter content, and getting a judge
to make it illegal for content to be filtered. I don't think we need to
worry too much about our Squid boxes being confiscated ;)

-Ben

The ruling says that the federal government cannot withhold funds from public libraries that do not install an internet filter, as doing so would constitute censorship.

This has no impact on public schools (in fact, as others have said, I
think the ruling specifically lets CIPA apply to public schools.)  It
also cannot be construed in any way to make filters illegal.

The argument by Julius Szelagiewicz that filters on a school's internet
access are infringing on the teachers' free speech rights are just
patently ridiculous.  Would the teachers' rights be infringed if the
school did not have an internet connection at all?  I don't think so.
The teacher's are employees, just like anyone in a private company.
The school administration has every right to block whatever they
want.  Teachers can use their own links at home to look at whatever
they want (or, they could go to a public library.)

Actually, a school administration probably cannot block anything
they want.  Specifically, they cannot apply filtering rules that
are discriminatory, or at least they should not be allowed to.  For
example, it would be a very bad thing if a school in a heavily
Christian area blocked Jewish sites, or one in a predominantly
white area blocked minority oriented sites.  But this is getting
off topic.

-Don

--
Don Christensen       Senior Software Development Engineer
djc cisco com         Cisco Systems, Santa Cruz, CA
  "It was a new day yesterday, but it's an old day now."





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