Internet Content Filtering

Background

Early filters on the market relied largely on keyword blocking, now regarded as a simplistic and ineffective way to filter content. The early filters were designed for parents who wished to control the content their children could access on the Internet. Increased demand for the technology precipitated an improvement, as many filter products soon began blocking entire Web sites when a user encountered a key word or key phrase.

The expansion of the customer base to include schools, libraries, and businesses caused the function of Internet filters to become even more sophisticated, though far from perfect. Some employers, including school boards, relied on filters and other types of [Page 468]software to prevent their employees from engaging in non-work-related activities at work.

Federal Law

In December 2000, the Children's Internet Protection Act (CIPA) was signed into law as the latest chapter in a long battle waged by Congress to regulate children's access to content on the Web. CIPA was a provision conditioning federal subsidies on the use of Internet content filters, but it was different from previous failed legislation in that it imposed no criminal penalties.

Among other things, CIPA added the filtering mandate to e-rate subsidies administered by the Federal Communications Commission. The e-rate was implemented to assist schools and libraries in obtaining telecommunications and Internet access at discounted rates. The funds were made available through the Elementary and Secondary Education Act and the Library Services and Technology Act, programs that affected Internet access in public schools and libraries, respectively. The amendment represented a combination of proposals submitted in both the 105th and 106th congresses.

CIPA required that schools and libraries receiving funding must adopt and implement “technology protection” measures on all computers with Internet access. Specifically, each school or library must verify that it has adopted and implemented an Internet safety policy and installed Internet content filters to block Internet access to obscenity, child pornography, and material harmful to minors. To comply with CIPA requirements, the policy of each school or library shall address the following:

Pursuant to CIPA's provisions, school boards, educational agencies, and/or officials responsible for administration of schools are required to provide reasonable public notice and conduct at least one public meeting to address their proposed Internet safety policies. In addition, school boards and educational officials must verify that they are enforcing the operation of blocking technology during the use of their schools' computers by minors.

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