NetSpective & CIPA Compliance

Beyond CIPA

Students and teachers using instant messaging, file sharing, online chat or other peer-to-peer applications can unknowingly be putting themselves and your school in jeopardy. Recent legislation has made schools increasingly vulnerable to legal claims when students and teachers illegally download copyrighted materials or become exposed to pornography or even online predators. And because peer-to-peer applications are designed to circumvent traditional HTTP filtering solutions, even schools in compliance with CIPA are at risk.

NetSpective^® is the only CIPA-compliant URL filtering appliance that prevents access to both P2P sites and P2P applications, effectively ensuring the safety and security of your school's network.

CIPA Filtering Requirements

All computer workstations with Internet access must have some type of blocking or filtering technology in place. This includes student, staff, administrative, and other workstations accessed by minors or adults.

An administrator, supervisor, or other authorized person may disable the filter to allow Internet access for lawful purposes. The exact procedure for disabling the filter is a local decision and the FCC hasn't provided any further guidance. The filter disabling guidelines in the TLCF and LSTA sections of CIPA apply to both adults and minors. With E-rate, the disabling ability is only applicable to adults - minors are not allowed unfiltered access for any purpose.

CIPA requires filtering of visual depictions of:

• Obscenity, as defined in section 1460 of title 18, U.S. Code
• Child pornography, defined in a reference to section 2256 of title 18, U.S. Code
• Materials harmful to minors (under age 17), defined as any picture, image, graphic image file, or other visual depiction that, with respect to minors: taken as a whole, appeals to a prurient interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and taken as a whole, lacks serious literary, artistic, political, or scientific value.

CIPA doesn't require filtering of text. The FCC has determined that it is necessary to use filtering or blocking software when using the Web but it is not necessary to use such software to monitor email or interactive messaging/chat programs. Appropriate use of those systems must be addressed in the Internet Safety Policy, but there is no requirement to provide filtering. The Internet policy for schools also needs a plan for monitoring the Internet activities of minors. This is not required for libraries. The law and FCC rules do not require the actual tracking of Internet use by minors or adults.

N-CIPA Requirements

The N-CIPA requirements are more specific. N-CIPA also requires that schools and libraries participating in the E-Rate program implement an Internet safety policy that addresses:

• Access by minors to inappropriate matter on the Internet and the Web
• The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications
• Unauthorized access, including so-called "hacking," and other unlawful activities by minors online
• Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
• Measures designed to restrict minors' access to materials harmful to minors.

The above items don't apply for TLCF or LSTA funds subject to the other basic CIPA requirements.

The FCC also doesn't require schools or libraries to track the number of attempts made to access prohibited visual depictions or the number of times the filter succeeds or fails. It also will not require schools or libraries to collect any public complaints regarding filter performance. Filtering technology can be located on the ISP, on the LAN or WAN, or at the individual workstation.