Computer and Internet Law in Public School, Dr. W.A. Kritsonis

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Computer and InternetComputer and Internet

Law in Public SchoolsLaw in Public SchoolsWilliam Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

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State LawState Law

 Twenty-one states have Internet filtering laws Twenty-one states have Internet filtering laws

that apply to public schools or libraries. Thethat apply to public schools or libraries. The

majority of these states simply require schoolmajority of these states simply require school

boards or public libraries to adopt Internetboards or public libraries to adopt Internetuse policies to prevent minors from gaininguse policies to prevent minors from gaining

access to sexually explicit, obscene oraccess to sexually explicit, obscene or

harmful materials. However, some statesharmful materials. However, some states

also require publicly funded institutions toalso require publicly funded institutions toinstall filtering software on library publicinstall filtering software on library public

access terminals or school computers.access terminals or school computers.

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Supreme Court Ruling on CIPASupreme Court Ruling on CIPA

In June 2003, the U.S. Supreme CourtIn June 2003, the U.S. Supreme Courtupheld CIPA, overturning an earlier courtupheld CIPA, overturning an earlier courtruling that had prevented the law fromruling that had prevented the law from

taking effect in libraries . Intaking effect in libraries . In UnitedUnitedStates v. American Library Association,States v. American Library

Association,the court ruled that CIPA does not violatethe court ruled that CIPA does not violatethe First Amendment, even though itthe First Amendment, even though it

may block some legitimate sites,may block some legitimate sites,because libraries may disable the filtersbecause libraries may disable the filtersfor adult patrons upon request.for adult patrons upon request.

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Federal Children’s InternetFederal Children’s Internet

Protection Act (CIPA)Protection Act (CIPA) Congress in 2000 enacted the CIPA as part of Congress in 2000 enacted the CIPA as part of 

the Consolidated Appropriations Act. The actthe Consolidated Appropriations Act. The act

provides for three different types of funding;provides for three different types of funding;

aid to elementary and secondary schools;aid to elementary and secondary schools;Library Services and Technology Act (LSTA)Library Services and Technology Act (LSTA)

grants to states for support of public libraries;grants to states for support of public libraries;

and the E-rate program that providesand the E-rate program that provides

technology discounts to schools and publictechnology discounts to schools and publiclibraries.libraries.

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Establishing an Acceptable UseEstablishing an Acceptable Use

Policy (AUP)Policy (AUP)

 The first step a school should take is The first step a school should take is

to set the ground rules for internetto set the ground rules for internet

use so that everyone from students touse so that everyone from students to

teachers to parents know what isteachers to parents know what isacceptable internet behavior.acceptable internet behavior.

 The AUP clearly states how students The AUP clearly states how students

are expected to make use of schoolare expected to make use of schoolprovided internet access and how notprovided internet access and how not

to.to.

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Choosing a Product That FitsChoosing a Product That Fits

It is important to choose a softwareIt is important to choose a software

program with the flexibility to suitprogram with the flexibility to suit

your school’s AUP.your school’s AUP.

Schools should also choose aSchools should also choose a

software program capable of filteringsoftware program capable of filtering

for a variety of users and situations.for a variety of users and situations.

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Houston Independent SchoolHouston Independent School

District (HISD)District (HISD)

Incompliance with Children InternetIncompliance with Children Internet

Protection Act (CIPA) HISD hasProtection Act (CIPA) HISD has

implemented filtering and/or blockingimplemented filtering and/or blocking

software to restrict access to internetsoftware to restrict access to internet

sites. Content and spam filteringsites. Content and spam filtering

software is applied to all external e-software is applied to all external e-

mail correspondence on HISD’smail correspondence on HISD’selectronic mail system.electronic mail system.

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SummarySummary

Allowing students to access theAllowing students to access theinternet gives them the opportunity tointernet gives them the opportunity toexplore libraries, database, museums,explore libraries, database, museums,

and other informational sites.and other informational sites. Parents and guardians of minors areParents and guardians of minors are

responsible for setting and conveyingresponsible for setting and conveyingthe standards that their childrenthe standards that their childrenshould follow when using media andshould follow when using media andinformation sources.information sources.

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ReferencesReferences

Walsh, J., Kemerer, F., & Maniotis, L. (2005).Walsh, J., Kemerer, F., & Maniotis, L. (2005). The The Educator’s Guide to Texas School Law:Educator’s Guide to Texas School Law:(6th(6th ed.).ed.). Austin: University of Texas Press.Austin: University of Texas Press.

Greenberg, P. (2007). Children and TheGreenberg, P. (2007). Children and TheInternet:Internet: Laws Relating toLaws Relating to Filtering, Blocking andFiltering, Blocking andUsage Policies In Schools and Libraries.Usage Policies In Schools and Libraries.

Retrieved April 7, 2008, FromRetrieved April 7, 2008, Fromhttp://www.ncsl.org/programs/lis/cip/filterlaws.htmhttp://www.ncsl.org/programs/lis/cip/filterlaws.htm

  Jeanne. (2002-2004). CIPA. Retrieved April 7,  Jeanne. (2002-2004). CIPA. Retrieved April 7,20082008 FromFromhttp://www.more.net/services/cipa/cipao2.html.http://www.more.net/services/cipa/cipao2.html.