On December 15, 2000 Congress passed the Child Internet Protection Act (CIPA) and the Neighborhood Internet Protection Act (NCIPA). They were enacted as part of the funding for the U.S. Department of Health and Human Services. These acts have profound implications for all libraries and schools that receive federal funds and have Internet connections. It requires, among other things, that libraries and schools filter the Internet so children are not exposed to pornography.

While federal agencies are developing compliance protocols, a number of organizations are working to get the Act overturned. Currently there are two lawsuits pending from the American Library Association (ALA) and the American Civil Liberties Union (ACLU) challenging the constitutionality of CIPA. The N.H. Library Association at its last board meeting asked the Chair of the Intellectual Freedom Committee (IFC) to draft a resolution condemning CIPA. The Chair of the IFC, Buffie Heath, is working on this resolution.

The law is to go into effect on April 20, 2001. The Federal Communication Commission (FCC) has been charged with developing guidelines for the implementation of the Act. As a component of the process, the FCC has asked organizations to submit comments as part of its rulemaking process. In a response to be submitted to the FCC, ALA has delineated many of the problems with the Act and its enforcement. A major problem identified is currently there is no software that can do what the law calls for; that is, filtering or blocking obscene graphic images.

While we are all concerned that children use the Internet in appropriate ways and they not be exposed to harmful materials and the unsavory aspects of the Internet, CIPA and NCIPA do not provide any safeguards or assurances.

Libraries can and should teach both children and their parents how to use the vast resources available on the Internet responsibly. Parents need to be sure their children use the Internet in responsible and appropriate ways. Mandates from the federal government are not the way this should be handled. How any resource is offered and administered to the patrons of a library or students in a classroom is a local decision that should be made by the local library trustees and school boards. Libraries must have Internet use policies in place and need to work with parents to ensure their children are not exposed to inappropriate materials. Libraries must also work with the public to keep them informed about the importance of a free and public library; one that protects and defends against any attempts to dilute our First Amendment Rights. The State Library will keep the New Hampshire library community informed about the fast changing aspects of this legislation. To learn more about CIPA please check our Website at www.state.nh.us/nhsl/ldss.cipa.html.

Michael York, State Librarian