E-mail to libraries on CIPA

Update to information October 2003

Greetings,

The ICN has received many questions regarding the recent Supreme Court decision that the Child Internet Protection Act (CIPA) is constitutional. Specifically, ICN connected libraries are concerned about how this ruling will impact them in light of the ICN’s participation in the E-rate program. The Federal Communications Commission’s order on July 23, 2003 regarding the Children’s Internet Protection Act indicates that libraries must undertake efforts in Funding Year 2003 (July 2003 through June 2004) to be in compliance with the filtering requirements. Compliance with CIPA must occur by July 1, 2004 in order to be eligible for E-rate discounts. Please note, however, that library CIPA compliance is a local decision. Libraries can still belong to the ICN regardless of their decision.

Following is a brief overview of the ICN’s E-rate application process.

ICN’s E-rate Application Process:

• The ICN does apply for E-rate funds under the Internet Services category for which CIPA applies. However, the ICN only includes in its application those E-rate eligible entities that are in compliance with all program rules including CIPA.
  
  
• As a consortium, the ICN is eligible to apply for E-rate funds based on its expenditures for services directly provided to E-rate eligible/compliant constituents. The ICN’s participation in the E-rate program does not impose any requirements on constituents that do not meet the program requirements.
  
  
• When applying for E-rate funds, the ICN’s first step is to identify connected constituents eligible for the program. The ICN sends these constituents an E-rate Letter of Agency (LOA) form requesting their permission to include them in the ICN’s application. This form also requires the constituent to certify its compliance with CIPA as it applies to them. If a school or library does not comply with CIPA, they can mark “Our organization is unable to certify compliance as described within this document.” These constituents will not be included in the ICN’s application and will not be impacted by the program requirements. The constituent remains eligible for ICN services regardless of the constituent’s decision on CIPA compliance. For those libraries who have already submitted an LOA form certifying program compliance for Funding Year 2003, ICN staff will be contacting you to complete a new form in light of the new program requirements.
  
  
• Once the ICN has identified eligible constituents, staff calculates the amount of the backbone network’s utilization attributable to the eligible constituents. In turn, this determines the costs that can be considered for reimbursement.
  
  
• The next step is to determine the ICN’s reimbursement level based upon the average free and reduced lunch count of all constituents included in the application.
  
  
• The final reimbursement request is calculated using the network costs for eligible constituents and the average discount level. Please keep in mind that costs and discount levels for constituents unable to certify compliance on the LOA are never included in these calculations.
  

The ICN does not require schools and libraries to filter in order to participate in the network. A centralized filtering service is, however, available for those constituents who choose to filter. In addition, constituents choosing to filter are not obligated to use the ICN’s filtering solution. There are many filtering products on the market. Constituents should select the solution that is most appropriate for their needs and budget.

ICN Filtering Options:

• The ICN provides two filtering solutions, centralized and local. In each case, administration of the filtering is done by the constituent or their designee. Complete information can be found at www.illinois.net/services/filtering.
  
  
• ICN Centralized Filtering seeks to provide a quality filtering solution for constituents who wish to filter, but prefer to avoid purchasing and maintaining premise equipment. With ICN centralized filtering, all the hardware and software is owned and maintained by the ICN. Constituents administer filtering for their institution via a web-based administration tool. Fees are required from constituents who choose to use this service in order to recover ICN’s cost to provide it. More information about ICN centralized filtering is available at the link above or by contacting your local Regional Technology Center.
  
  
• The ICN has also established master contracts for distributed (access site) filtering solutions. These systems are able to provide constituents with filtering appliance solutions that operate at the constituent’s site. ICN constituents can purchase these products directly from the vendors at ICN’s discounted prices. Additional information about these solutions can be obtained by going to the link above.
  

The ICN respects the constituents connected to the network and believes it is extremely important that filtering decisions be made by each organization rather than the ICN. Our goal is to provide the highest quality of service to our constituents. Please feel free to contact us if we can be of assistance.

Best Regards,

Neil Matkin

Director

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