29 May 2002
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html
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[Federal Register: May 29, 2002 (Volume 67, Number 103)]
[Notices]
[Page 37396-37398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my02-43]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 020514121-2121-01]
RIN 0660-XX14
Request for Comment on the Effectiveness of Internet Protection
Measures and Safety Policies
AGENCY: National Telecommunications and Information Administration,
Department of Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) invites interested parties to provide comments in response to
section 1703 of the Children's Internet Protection Act (CIPA), Pub. L.
No. 106-554, 114 Stat. 2763, 2763A-336 (2000). Section 1703 directs
NTIA to initiate a notice and comment proceeding to evaluate whether
currently available Internet blocking or filtering technology
protection measures and Internet safety policies adequately address the
needs of educational institutions. The Act also directs NTIA to make
recommendations to Congress on how to foster the development of
technology protection measures that meet these needs.
DATES: Written comments are requested to be submitted on or before
August 27, 2002.
ADDRESSES: Comments may be mailed to Sallianne Fortunato Schagrin,
Office of Policy Analysis and Development, National Telecommunications
andInformation Administration, Room 4716 HCHB, 14th Street and
ConstitutionAvenue, NW., Washington, DC 20230. Paper submissions should
include a diskette in HTML, ASCII, Word, or WordPerfect format (please
specify version). Diskettes should be labeled with the name and
organizational affiliation of the filer, and the name of the word
processing program used to create the document. In the alternative,
comments may be submitted electronically to the following electronic
mail address: cipa-study@ntia.doc.gov. Comments submitted via
electronic mail also should be submitted in one or more of the formats
specified above.
FOR FURTHER INFORMATION CONTACT: Sallianne Fortunato Schagrin, Office
of Policy Analysis and Development, NTIA, telephone: (202) 482-1880; or
electronic mail: sschagrin@ntia.doc.gov. Media inquiries should be
directed to the Office of Public Affairs, National Telecommunications
andInformation Administration: telephone (202) 482-7002.
SUPPLEMENTARY INFORMATION:
Growing Concern About Children's Exposure to Inappropriate Online
Content
A U.S. Department of Commerce report, released earlier this year,
indicates that as of September 2001 more than half of the nation's
population (143 million Americans) were using the Internet. A Nation
Online: How Americans Are Expanding Their Use of the Internet, National
Telecommunications and Information Administration, U.S. Department of
Commerce (Feb. 2002), available at http://www.ntia.doc.gov/ntiahome/dn/
index.html. Children and teenagers use computers and the Internet more
than any other age group. Id. at 1, 13. Almost 90 percent of children
between the ages of 5 and 17 (or 48 million) now use computers. Id. at
1, 44. Significant numbers of children use the Internet at school or at
school and home: 55 percent for 14-17 year olds; 45 percent for 10-13
year olds; and 22 percent for 5-9 year olds. Id. at 47. Approximately
12 percent of 10 to 17 year olds use the Internet at a library. Id. at
52. Noting the heightened interest regarding the possible exposure of
children to unsafe or inappropriate content online, the Department of
Commerce report notes that for the first time households were surveyed
to determine the level of concern about their children's exposure to
material over the Internet versus their concern over exposure to
material on television. The results indicated that 68.3 percent of
households were more concerned about the propriety of Internet content
than material on television. Id. at 54.
Similarly, in its 2000 survey of public schools to measure Internet
[[Page 37397]]
connectivity, the Department of Education's National Center for
EducationStatistics asked questions about ``acceptable use policies''
in schools in recognition of the concern among parents and teachers
about student access to inappropriate online material. See Internet
Access in U.S. Public Schools and Classrooms: 1994-2000, NCES 2001-071,
Office of Education Research and Improvement, Department of Education
(May 2001), available at http://www.nces.ed.gov/pubs2001/
internetaccess. According to the NCES survey, 98 percent of all public
schools had access to the Internet by the fall of 2000. Id. at 1. The
survey also indicated that almost all such schools had ``acceptable use
policies'' and used various technologies or procedures (blocking or
filtering software), an intranet system, student honor codes, or
teacher/staff monitoring to control student access to inappropriate
online material. Id. at 7. Of the schools with acceptable use policies,
94 percent reported having student access to the Internet monitored by
teachers or other staff; 74 percent used blocking or filtering
software; 64 percent had honor codes; and 28 percent used their
intranet. Id. Most schools (91 percent) used more than one procedure or
technology as part of their policy: 15 percent used all of the
procedures and technologies listed; 29 percent used blocking/filtering
software, teacher/staff monitoring, and honor codes; and 19 percent
used blocking/filtering software and teacher/staff monitoring. Id. at
7, 8. In addition, 95 percent of schools with an acceptable use policy
used at least one of these technologies or procedures on all Internet-
connected computers used by students. Id.
This trend appears to be reflected in the library community as
well. A recent article in the Library Journal reports that of the 355
libraries responding to its Budget Report 2002, 43 percent reported
filteringInternet use, up from 31 percent in 2001, and 25 percent in
2000. NormanOder, The New Wariness, The Library Journal (Jan. 15, 2002)
(LJ Budget Report 2002), available at http://libraryjournal.
reviewsnews.com/index.asp? layout=articlePrint &articleID=CA188739. Of
those libraries filtering Internet use, 96 percent reported using
filters on all children's terminals. Id.
The E-Rate and CIPA
Section 254(h) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, provides a universal support mechanism
program (commonly known as the ``E-Rate program'') through which
eligible schools and libraries may apply for discounted
telecommunications, Internet access, and internal connections services.
See 47 U.S.C. 254(h). The program is administered by the Universal
Service Administrative Company(USAC) pursuant to regulations
promulgated by the Federal CommunicationsCommission. See Federal
Communications Commission, Universal Service for Schools and Libraries,
available at http://www.fcc.gov/wcb/universal--service/
schoolsandlibs.html.
According to USAC, approximately 82 percent of public schools and
10 percent of private schools received E-rate funding in the Fiscal
Year (FY)2000 funding cycle (July 1, 2000 through June 30, 2001) (using
1997 data base as denominator). See Universal Service Administrative
Company, available at http://www.sl.universalservice.org. Public
libraries also rely heavily on E-rate funding; 57 percent of main
public libraries received E-rate funding in FY 2000. Id.; see also LJ
Budget Report 2002 supra.
In October 2000, Congress passed the Children's Internet Protection
Act(CIPA) as part of the Consolidated Appropriations Act of 2001 (Pub.
L. No. 106-554). Under section 1721 of the Act, schools and libraries
that receive discounted telecommunications, Internet access, or
internal connections services under the E-rate program are required to
certify and adopt an Internet safety policy and to employ technological
methods that block or filter certain visual depictions deemed obscene,
pornographic, or harmful to minors for both minors and adults.\1\ The
FederalCommunications Commission implemented the required changes to
the E-rate program and the new CIPA certification requirements became
effective for the fourth E-rate funding year that began on July 1,
2001, and ends on June 30, 2002. See Federal-State Joint Board on
Universal Service, Children's Internet Protection Act, Report and
Order, CC Docket No. 96-45 (March 30, 2001), available at http://
www.fcc.gov/wcb/universal--service/schoolsandlibs.html.
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\1\ NTIA notes that Sections 1712 and 1721 of the CIPA are
currently the subject of constitutional challenge. See American
Library Ass'n v. United States, No. 01-CV-1303 (E.D. Pa. March 20,
2001); Multnomah County Public Library v. United States, No. 01-CV-
1322 (E.D.Pa. March 20, 2001). NTIA is not seeking comment on the
constitutionality of the statute or its provisions.
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Section 1703(a) of CIPA directs NTIA to initiate a notice and
comment proceeding to determine if currently available blocking and
filtering technologies adequately address the needs of educational
institutions, make recommendations on how to foster the development of
technologies that meet the needs of schools and libraries, and evaluate
current Internet safety policies. Section 1703(a) of CIPA specifically
provides:
Sec. 1703. Study of Technology Protection Measures
(a) IN GENERAL. B Not later than 18 months after the date of the
enactment of this Act, the National Telecommunications and
InformationAdministration shall initiate a notice and comment
proceeding for purposes of--
(1) Evaluating whether or not currently available technology
protection measures, including commercialInternet blocking and
filtering software, adequately address the needs of educational
institutions;
(2) Making recommendations on how to foster the development of
measures that meet such needs; and
(3) Evaluating the development and effectiveness of
localInternet safety policies that are currently in operation after
community input.
Internet Blocking and Filtering Software and Acceptable Use Policies
The computer industry has developed a number of technology
protection measures to block or filter prohibited content in response
to the growing amount of online content. Among these measures are stand
alone filters, monitoring software, and online parental controls. The
Pew Internet andAmerican Life Project reports that more than 41 percent
(2 of every 5) of parents of children using the Internet rely on
monitoring software or use pre-selected controls on their home
computers. Pew Internet and AmericanLife Project, The Internet and
Education: Findings of the Pew Internet and American Life Project, at 5
(September 2001), available at http://www.pewinternet.org/reports/
toc.asp?Report=36.
A Consumer Reports study indicated, however, that some technology
protection companies refuse to disclose their method of blocking or
filtering and their list of blocked sites, although users can submit
Web addresses to check against blocked lists in some cases. See
DigitalChaperones for Kids: Which Internet Filters Protect the Best?
Which Get in the Way?, Consumer Reports at 2 (March 2001). Another
report indicates that technology protection tools can require a fair
amount of technical expertise in order to be manipulated successfully,
such as an understanding of how to unblock sites, adjust tools for
different levels of access, and examine and interpret log files. Trevor
Shaw, What's Wrong with CIPA, E-School News (March 1, 2001), available
at http:/
[[Page 37398]]
/www.eschoolnews.com/features/cipa/cipa3.cfm.
The National Research Council (NRC) of the National Academy of
Sciences recently released a report describing the social and
educational strategies, technology-based tools, and legal and
regulatory approaches to protect children from inappropriate material
on the Internet. See Youth,Pornography, and the Internet, Committee to
Study Tools and Strategies for Protecting Kids from Pornography and
Their Applicability to OtherInappropriate Internet Content, National
Research Council (NRC Report) (May 2, 2002), available at http://
bob.nap.edu/html/youth--internet/es.html.
Among other things, the NRC Report concludes that perhaps the most
important social and educational strategy for ensuring safe online
experiences for children is responsible adult involvement and
supervision. Id. at ES-7, 209. This strategy includes families,
schools, libraries, and other organizations developing acceptable use
policies to provide explicit guidelines about how individuals will
conduct themselves online that will serve as a framework within which
children can become more responsible for making better choices. Id. at
218. The Report notes that acceptable use policies are most effective
when developed jointly with schools and communities. Id. at 219. The
Report suggests that acceptable use policies are not without problems,
including how to avoid the ``one size fits all'' problem that may arise
in trying to craft a policy that is appropriate for both young children
as well as teenagers. Id. at 219-220. The NRC Report also discusses the
ways that technology provides parents and other responsible adults with
additional choices as to how best to protect children from
inappropriate material on the Internet. Id. at ES-8, 255-304. The
report notes, however, that filtering/blocking tools are all imperfect
in that they may ``overblock'' otherwise appropriate material
or``underblock'' some inappropriate material. Id. at 259-266.
Specific Questions
In an effort to enhance NTIA's understanding of the present state
of technology protection measures and Internet safety policies, NTIA
solicits responses to the following questions. NTIA requests that
interested parties submit written comments on any issue of fact, law,
or policy that may provide information that is relevant to this
evaluation. Commenters are invited to discussany relevant issue,
regardless of whether it is identified below. To the extent possible,
please provide copies of studies, surveys, research, or other empirical
data referenced in responses.
Evaluation of Available Technology Protection Measures
Section 1703(a)(1) of the Act requires NTIA to evaluate whether or
not currently available technology protection measures, including
commercialInternet blocking and filtering software, adequately address
the needs of educational institutions.
1. Discuss whether available technology protection measures
adequately address the needs of educational institutions.
2. Is the use of particular technologies or procedures more
prevalent than others?
3. What technology, procedure, or combination has had the most
success within educational institutions?
4. Please explain how the technology protection products block or
filter prohibited content (such as ``yes'' lists, (appropriate
content); ``no'' lists, (prohibited content), human review, technology
review based on phrase or image, or other method.) Explain whether
these methods successfully block or filter prohibited online content
and whether one method is more effective than another.
5. Are there obstacles to or difficulties in obtaining lists of
blocked or filtered sites or the specific criteria used by technology
companies to deny or permit access to certain web sites? Explain.
6. Do technology companies readily add or delete specific web sites
from their blocked lists upon request? Please explain your answer.
7. Discuss any factors that were considered when deciding which
technology tools to use (such as training, cost, technology maintenance
and upgrades or other factors.)
Fostering the Development of Technology Measures
Section 1703(a)(2) directs NTIA to initiate a notice and comment
proceeding to make recommendations on how to foster the development of
technology measures that meet the needs of educational institutions.
1. Are current blocking and filtering methods effectively
protecting children or limiting their access to prohibited Internet
activity?
2. If technologies are available but are not used by educational
institutions for other reasons, such as cost or training, please
discuss.
3. What technology features would better meet the needs of
educational institutions trying to block prohibited content?
4. Can currently available filtering or blocking technology adjust
to accommodate all age groups from kindergarten through grade twelve?
Are these tools easily disabled to accommodate bona fide and other
lawful research? Are these tools easily dismantled?
Current Internet Safety Policies
Section 1703(a)(3) requires NTIA to evaluate the development and
effectiveness of local Internet safety policies currently in operation
that were established with community input.
1. Are Internet safety policies an effective method of filtering or
blocking prohibited material consistent with the goals established by
educational institutions and the community? If not, please discuss the
areas in which the policies do not effectively meet the goals of the
educational institutions and/or community.
2. Please discuss whether and how the current policies could better
meet the needs of the institutions and the community. If possible,
provide specific recommendations.
3. Are educational institutions using a single technology
protection method or a combination of blocking and filtering
technologies?
4. Describe any best practices or policies that have been effective
in ensuring that minors are protected from exposure to prohibited
content.Please share practices proven unsuccessful at protecting minors
from exposure to prohibited content.
Dated: May 22, 2002.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. 02-13286 Filed 5-28-02; 8:45 am]
BILLING CODE 3510-60-P