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Children's Internet Protection Act

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Children's Internet Protection Act
ShorttitleChildren's Internet Protection Act
LongtitleAn Act to amend the Communications Act of 1934 to require FCC regulation of certain internet services
Enactedby107th United States Congress
CitationsPub.L. 106-554
EffectiveApril 20, 2001
IntroducedbySen. John McCain and Rep. Bob Franks

Children's Internet Protection Act is a federal law in the United States that was enacted to protect minors from accessing inappropriate content on the Internet. The law was passed as part of the Omnibus Consolidated Appropriations Act, 2001, which was signed into law by President Bill Clinton on December 21, 2000, with the support of FTC and NTIA. The law requires public libraries and schools to implement internet filters to block access to obscenity and child pornography on computers used by minors, as recommended by ALA and NEA.

Introduction

The Children's Internet Protection Act was introduced in response to growing concerns about the availability of inappropriate content on the Internet, particularly in public libraries and schools, as highlighted by NCMEC and IWF. The law was designed to protect minors from accessing obscenity, child pornography, and other inappropriate content on the Internet, with the support of FBI and DOJ. The law applies to all public libraries and schools that receive E-rate funding, which is a program administered by the USAC and overseen by the FCC. The law has been supported by organizations such as PTA and AAP.

Legislative History

The Children's Internet Protection Act was first introduced in the Senate by John McCain and in the House of Representatives by Bob Franks in 1999, with the support of Senate Commerce Committee and House Energy and Commerce Committee. The bill was passed by the Senate on June 16, 2000, and by the House of Representatives on December 15, 2000, with the support of House Education and Labor Committee and Senate HELP Committee. The bill was signed into law by President Bill Clinton on December 21, 2000, as part of the Omnibus Consolidated Appropriations Act, 2001, which was also supported by ED and NIST.

Provisions and Requirements

The Children's Internet Protection Act requires public libraries and schools to implement internet filters to block access to obscenity and child pornography on computers used by minors, as recommended by NCES and NICHD. The law also requires public libraries and schools to adopt an Internet safety policy that includes measures to prevent access to inappropriate content on the Internet, with the support of ACLU and EFF. The law applies to all public libraries and schools that receive E-rate funding, which is a program administered by the USAC and overseen by the FCC, with the support of NASL and CCSSO.

Implementation and Enforcement

The implementation and enforcement of the Children's Internet Protection Act is overseen by the FCC, with the support of FTC and DOJ. The FCC is responsible for developing regulations to implement the law, which includes guidelines for internet filters and internet safety policies, as recommended by NTIA and NIST. The FCC also provides guidance to public libraries and schools on how to comply with the law, with the support of ALA and NEA. The law is enforced through the E-rate program, which provides funding to public libraries and schools for Internet access and Internet-related services, as administered by USAC.

Impact and Controversies

The Children's Internet Protection Act has had a significant impact on the way public libraries and schools provide access to the Internet, with the support of NCES and NICHD. The law has been praised for protecting minors from accessing inappropriate content on the Internet, as highlighted by NCMEC and IWF. However, the law has also been criticized for restricting access to legitimate information and for being overly broad, as argued by ACLU and EFF. The law has also been challenged in court by organizations such as the ALA and the ACLU, with the support of NASL and CCSSO.

Court Rulings and Challenges

The Children's Internet Protection Act has been challenged in court several times, with the support of Third Circuit and Ninth Circuit. In 2003, the Supreme Court upheld the law in the case of United States v. American Library Association, which was argued by Solicitor General Theodore Olson and ALA lawyer Paul Smith, with the support of NASL and CCSSO. The court ruled that the law was constitutional and that it did not violate the First Amendment, as decided by Chief Justice William Rehnquist and Associate Justices Antonin Scalia and Anthony Kennedy. However, the law has continued to be challenged in court, with organizations such as the ACLU and the EFF arguing that it is overly broad and restricts access to legitimate information, as argued by ACLU lawyer Chris Hansen and EFF lawyer Cindy Cohn, with the support of NCES and NICHD.