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March 15, 2001

Filtering: What You Need to Know

By Kristen Kennedy

Whether you see it as protective or prohibitive, mandatory Internet filtering received legislative approval on December 21, 2000. The Children's Internet Protection Act mandates that public libraries and schools receiving certain types of federal funding must install content filters on all computers with Internet access. Schools and libraries that fail to comply with the new law risk losing funding if they aren't in compliance by the time they apply for next year's subsidy.

Challenges to the new law have already begun. Citing it as a violation of the First Amendment, the American Library Association and the ACLU have launched arguments against the legislation, pointing out that filtering blocks hundreds of data-rich Web sources that should be available to students. For example, a test search for information on "Virginia" may be blocked because it contains the word "virgin." Moreover, opponents say, a strong district Acceptable Use Policy, combined with appropriate adult supervision and student awareness of responsible digital behavior, constitutes a more reasonable response to online dangers than censorship.

Publishers of filtering software acknowledge the imperfect nature of their programs, but point out significant improvements in filtering applications that have resulted in increased precision and numerous customizing options not available in early offerings. Publishers we talked to say they view filtering as an important component to any electronic and Internet literacy program, and cite that 60 percent of U.S. schools already using filtering software.

Arguing that government education technology dollars could be funding access to pornography, bill author Senator John McCain and supporters contend that filtering will protect students from inappropriate material and keep them on task at the computer.

While both sides arm themselves with further arguments, schools and libraries are challenged to prove compliance with the new law before seeking renewal of any federal funding they might be receiving.

The Children's Internet Protection Act is fairly complex (see the entire text at N2H2's www.filteringinfo.org) but following are the key points:

• K-12 schools and public libraries must block access to visual images of child pornography, obscenity, or material deemed "harmful to minors," the latter category to be defined by local communities. In some cases, depending on how a school or library subsidizes Internet access, a public meeting must be held to create an Acceptable Use Policy.
• The law affects all schools and public libraries that receive funding through the E-rate program, the Library Services and Technology Act, or the Elementary and Secondary Education Act-all of which provide funding for Internet access.
• No additional funding has been set aside to help schools pay for filtering programs.
• School and library administrators can decide which filtering program to use based on community standards and new guidelines.
• Libraries can turn off filtering for adults who wish to conduct appropriate research.

While some say the law sneaked in under the weight of a hefty appropriations bill for the Departments of Education, Labor, and Health and Human Services, others defend its moral and educational worth as the momentum that fueled its passage. Nevertheless, that argument is not persuading filtering opponents such as Peacefire (www.peacefire.org), who have already developed downloadable freeware to disable most Windows-based filtering programs on the market.

Kristen Kennedy is senior editor for T&L.

As part of our continuing online coverage of the filtering issue, Sara Fitzgerald, director of CoSN's Safeguarding the Wired Schoolhouse project, will answer your questions about filtering laws in Ask the Expert between March 15 and April 20.

Read other articles from the March issue

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