MEMORANDUM

TO:

All Missouri Public Libraries

FROM:

Terry Jarrett, General Counsel

DATE:

October 2, 2003

SUBJECT:

Children's Internet Protection Act

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• Congress passed the Children's Internet Protection Act (CIPA) to become effective October 1, 2002. It became effective on that date for school libraries, but for public libraries the effective date is October 1, 2003.

• CIPA is triggered for a library if it (1) has one or more "computers with internet access" at a discounted rate under the e-rate program; or (2) receives federal funds under the Library Services and Technology Act (LSTA) that are "used to purchase computers [that are] used to access the internet, or to pay for direct costs associated with accessing the internet".

• If either of those triggers is met, the library must certify to the federal government that it has in place a policy of internet safety that includes the operation of a "technology protection measure" with respect to "any of its computers with internet access". The State Library, as the state administrator of LSTA, will obtain the necessary certification as to LSTA grant recipients.

• The technology protection measure must prevent patrons from accessing "visual depictions" that are (1) "obscene", or (2) "child pornography", or (3) in the case of library computer users who are minors, "harmful to minors".

• As of October 1, 2003, the State Library will require certifications from public libraries that seek to receive LSTA funds that might be used to purchase computers to access the internet or to pay direct costs of accessing the internet. The certifying public library will have to certify one of these statements:

  1. it is in compliance with CIPA's funding provisions; or
  2. it is undertaking steps to comply with CIPA for the next funding year; or
  3. CIPA does not apply to it because no LSTA funds will be used to purchase computers or internet services.
  
  
  

• As of October 1, 2003, the State Library will require certifications from school libraries that seek to receive LSTA funds that might be used to purchase computers to access the internet or to pay direct costs of accessing the internet. The certifying school library will have to certify one of these statements:

  1. it is in compliance with CIPA's funding provisions;
  2. it is seeking a waiver, and will comply starting October 1, 2004;
  3. CIPA does not apply because no LSTA funds will be used to buy computers or internet services.
  
  
  

• The State Library will be including CIPA certification language in LSTA grants for program year 2004 (i.e. federal fiscal year that starts October 1, 2003) funding.