Thanks to Linda and others here at MSL many of you are already aware of the
Supreme Court decision that will affect libraries connected to MSLN; and the
need for calm and patience while we figure out what is the best course of
action for each of you.  We must wait for the FCC and SLD to figure out the
new regulations before we can help you decide whether or not you want to
apply them.  No library is in jeopardy of losing anything at this moment or
for the immediate future.  We have borrowed some suggestions from our good
colleagues in Wisconsin to share with you.  Hope they are helpful.  Someone
here will post anything urgent in the next week and I'll be providing more
in-depth information when I get back from vacation.  Edna




On June 23 the Supreme Court ruled that the filtering mandate in the
Children's Internet Protection Act (CIPA) is constitutional for public
libraries.  This action reversed a 2002 federal district court ruling that
had found the filtering mandate unconstitutional.  This decision means that
any public library using E-rate or LSTA funds for purposes explained
immediately below will need to comply with CIPA's filtering requirement.

1)  E-rate:  CIPA's filtering provision applies if your library uses E-rate
funds to pay for Internet service provider costs or for internal
connections. (Edna's Note: Your MSLN connection to the Internet qualifies
here)
2)  LSTA:  CIPA's filtering provision applies if your library uses LSTA
funds to pay for Internet service provider costs or for purchasing PCs.
(Edna's Note: Only MSL qualifies for this one.)

The filtering provision of CIPA does not apply to telecommunication costs,
including voice or data lines.

The Federal Communications Commission will issue information on the
timeframe and process for library E-rate compliance with the filtering
decision.  Because of various procedural issues that the Supreme Court must
follow as part of its decision, the FCC will not be issuing any substantive
guidance on library compliance until the latter part of July. Regardless of
your library's decision about whether to filter on not, the MSL recommends
that you do not file your E-rate form 486 until the FCC releases its
compliance information.  With the 2003 E-rate funding year starting next
week (July 1), the American Library Association has encouraged the FCC to
allow libraries until June 30, 2004 to comply with the filtering mandate.
The MSL also supports this timeframe.

The Institute of Museum and Library Services (IMLS), the agency that
administers the LSTA program at the federal level, is expected to issue
information on the timeframe and process for compliance with LSTA by early
August.

In relation to CIPA compliance, the MSL/MDOE have a CIPA FAQ:
http://www.state.me.us/msl/cipa.htm <http://www.state.me.us/msl/cipa.htm>
This FAQ is being updated and will continue to be updated with more
information as it becomes available.  Here are three specific issues that
are covered in more detail in the FAQ:

1)  If a library must comply with the CIPA under the circumstances outlined
above, all workstations with Internet access must be in compliance with the
CIPA filtering requirement.  This includes staff workstations.
2)  Many library systems apply for E-rate for Internet access on behalf of
their member libraries.  If your library is included as part of your
system's E-rate application, it must still comply with the law.  (Contact
your library system if you have questions on this.)
3)  The CIPA language says that filters must "protect" against access to
visual depictions defined in the act.  The degree of protection is a local
decision.  The FCC in its rules implementing CIPA did not further define the
filter requirements or adopt any definition on how effective a filter must
be, beyond the general "protect" language in the law.

The MSL's position has always been that filtering is a local decision for
the board to make in consultation with library staff and with input from the
local library community.  The MSL's CIPA FAQ has references to information
on some of the issues to be considered as part of any decision on whether to
filter Internet content.

Any questions on the CIPA decision and the E-rate program can be directed to
[log in to unmask] or [log in to unmask]



Edna M. Comstock, E-Rate Team
Coordinator Learning and Technology Services
Maine State Library
64 State House Station
Augusta, ME 04333-0064
1-800-322-8899 or 207-287-5620
[log in to unmask]