How can libraries offer public Internet access consistent with CIPAs filtering requirements?
After the Supreme Court’s decision, the precise contours of CIPA’s filtering mandate and disabling provision are not entirely clear. Nonetheless, there are steps public libraries can take to minimize the First Amendment harms of using blocking software, while still complying with the statute (of course, libraries still retain the option of declining federal funding altogether, thereby relieving them of any obligation to filter). We must caution, however, that the options described below are untested in the courts and in the FCC, and there is no guarantee that they necessarily would be deemed legally sufficient. Libraries considering these or other options, therefore, must consult their own legal counsel for an analysis of any specific policy. Nonetheless, the options listed below appear to be consistent with the statute, the Supreme Court’s decision, and the federal government’s interpretation of CIPA.
