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diff --git a/.gitattributes b/.gitattributes index 6833f05..d7b82bc 100644 --- a/.gitattributes +++ b/.gitattributes @@ -1,3 +1,4 @@ -* text=auto -*.txt text -*.md text +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf @@ -1,43 +1,4 @@ -The Project Gutenberg EBook of Children's Internet Protection Act (CIPA) Ruling -by United States District Court for the Eastern District of Pennsylvania - -Copyright laws are changing all over the world. Be sure to check the -copyright laws for your country before downloading or redistributing -this or any other Project Gutenberg eBook. - -This header should be the first thing seen when viewing this Project -Gutenberg file. Please do not remove it. Do not change or edit the -header without written permission. - -Please read the "legal small print," and other information about the -eBook and Project Gutenberg at the bottom of this file. Included is -important information about your specific rights and restrictions in -how the file may be used. You can also find out about how to make a -donation to Project Gutenberg, and how to get involved. - - -**Welcome To The World of Free Plain Vanilla Electronic Texts** - -**eBooks Readable By Both Humans and By Computers, Since 1971** - -*****These eBooks Were Prepared By Thousands of Volunteers!***** - - -Title: Children's Internet Protection Act (CIPA) Ruling - -Author: United States District Court for the Eastern District of Pennsylvania - -Release Date: February, 2004 [EBook #5180] -[Yes, we are more than one year ahead of schedule] -[This file was first posted on May 31, 2002] - -Edition: 10 - -Language: English - -Character set encoding: ASCII - -*** START OF THE PROJECT GUTENBERG EBOOK, CHILDREN'S INTERNET PROTECTION ACT (CIPA) RULING *** +*** START OF THE PROJECT GUTENBERG EBOOK 5180 *** @@ -157,7 +118,7 @@ to the Internet. While the beneficial effect of the Internet in expanding the amount of information available to its users is self-evident, -its low entry barriers have also led to a perverse result – +its low entry barriers have also led to a perverse result, facilitation of the widespread dissemination of hardcore pornography within the easy reach not only of adults who have every right to access it (so long as it is not legally obscene or @@ -222,7 +183,7 @@ enacted the Children's Internet Protection Act ("CIPA"), Pub. L. No. 106-554, which makes the use of filters by a public library a condition of its receipt of two kinds of subsidies that are important (or even critical) to the budgets of many public -libraries – grants under the Library Services and Technology Act, +libraries – grants under the Library Services and Technology Act, 20 U.S.C. Sec. 9101 et seq. ("LSTA"), and so-called "E-rate discounts" for Internet access and support under the Telecommunications Act, 47 U.S.C. Sec. 254. LSTA grant funds are @@ -609,7 +570,7 @@ discount rates," CIPA Sec. 1721(b) (codified at 47 U.S.C. Sec. "enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against -access through such computers to visual depictions that are – (I) +access through such computers to visual depictions that are – (I) obscene; (II) child pornography; or (III) harmful to minors," and that it is "enforcing the operation of such technology protection measure during any use of such computers by minors." CIPA Sec. @@ -627,7 +588,7 @@ must certify that it is "enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual -depictions that are – (I) obscene; or (II) child pornography," +depictions that are – (I) obscene; or (II) child pornography," and that it is "enforcing the operation of such technology protection measure during any use of such computers." CIPA Sec. 1721(b) (codified at 47 U.S.C. Sec. 254(h)(6)(C)). Interpreting the @@ -682,7 +643,7 @@ either E-rate discounts or LSTA funds for the provision of Internet access. Because it is a prerequisite to associational standing, we note that the interests that these organizations seek to protect in this litigation are central to their raison -d'ętre. +d'ĂŞtre. Plaintiffs Fort Vancouver Regional Library District, in @@ -837,8 +798,8 @@ around the world. Computer users typically access the Web by running a program called a "browser" on their computers. The browser displays, as individual pages on the computer screen, the various types of content found on the Web and lets the user -follow the connections built into Web pages – called "hypertext -links," "hyperlinks," or "links" – to additional content. Two +follow the connections built into Web pages – called "hypertext +links," "hyperlinks," or "links" – to additional content. Two popular browsers are Microsoft Internet Explorer and Netscape Navigator. A "Web page" is one or more files a browser graphically @@ -1046,7 +1007,7 @@ Reference and Collection Development Practices American public libraries operate in a wide variety of communities, and it is not surprising that they do not all view their mission identically. Nor are their practices uniform. -Nevertheless, they generally share a common mission – to provide +Nevertheless, they generally share a common mission – to provide patrons with a wide range of information and ideas. Public libraries across the country have endorsed the American Library Association's ("ALA") "Library Bill of Rights" @@ -1331,7 +1292,7 @@ placing Internet terminals in public view and having librarians observe patrons to make sure that they are complying with the library's Internet use policy; and (4) using Internet filtering software. -The first category – channeling patrons' Internet use – +The first category – channeling patrons' Internet use – frequently includes offering training to patrons on how to use the Internet, including how to access the information that they want and to avoid the materials that they do not want. Another @@ -1534,8 +1495,8 @@ block or filter access to certain material on the Internet are among the "technology protection measures" that may be used to attempt to comply with CIPA. There are numerous filtering software products available commercially. Three network-based -filtering products – SurfControl's Cyber Patrol, N2H2's -Bess/i2100, and Secure Computing's SmartFilter – currently have +filtering products – SurfControl's Cyber Patrol, N2H2's +Bess/i2100, and Secure Computing's SmartFilter – currently have the lion's share of the public library market. The parties in this case deposed representatives from these three companies. Websense, another network-based blocking product, is also @@ -1695,9 +1656,9 @@ Compile Category Lists While the way in which filtering programs operate is -conceptually straightforward – by comparing a requested URL to a +conceptually straightforward – by comparing a requested URL to a previously compiled list of URLs and blocking access to the -content at that URL if it appears on the list – accurately +content at that URL if it appears on the list – accurately compiling and categorizing URLs to form the category lists is a more complex process that is impossible to conduct with any high degree of accuracy. The specific methods that filtering software @@ -2279,11 +2240,11 @@ was that the Web sites must have changed between the time when he conducted the study and the time of the trial, but because he did not archive the images as they existed when his team reviewed them for the study, there is no way to verify this. Third, -because of the way in which Finnell counted blocked Web sites – +because of the way in which Finnell counted blocked Web sites – i.e., if separate patrons attempted to reach the same Web site, or one or more patrons attempted to access more than one page on a single Web site, Finnell counted these attempts as a single -block, see supra note 10 – his results necessarily understate the +block, see supra note 10 – his results necessarily understate the number of times that patrons were erroneously denied access to information. @@ -2379,10 +2340,10 @@ software. He began with the 3,733 individual blocks that occurred in the Tacoma Library in October 2000 and drew from this data set a random sample of 786 URLs. He calculated two rates of overblocking, one with respect to the Tacoma Library's policy on -Internet use – that the pictorial content of the site may not +Internet use – that the pictorial content of the site may not include "graphic materials depicting full nudity and sexual acts which are portrayed obviously and exclusively for sensational or -pornographic purposes" – and the other with respect to Cyber +pornographic purposes" – and the other with respect to Cyber Patrol's own category definitions. He estimated that Cyber Patrol overblocked 4% of all Web pages in October 2000 with respect to the definitions of the Tacoma Library's Internet @@ -2408,8 +2369,8 @@ overblocking than the Biek study did. Biek found a rate of overblocking of approximately 2% while the Finnell study estimated a 6.34% rate of overblocking. At all events, the category definitions employed by CIPA, at least with respect to -adult use – visual depictions that are obscene or child -pornography – are narrower than the materials prohibited by the +adult use – visual depictions that are obscene or child +pornography – are narrower than the materials prohibited by the Tacoma Library policy, and therefore Biek's study understates the rate of overblocking with respect to CIPA's definitions for adults. @@ -2418,7 +2379,7 @@ credit its estimates of underblocking, is useful because it states lower bounds with respect to the rates of overblocking that occurred when the Cyber Patrol, Websense, and N2H2 filters were operating in public libraries. While these rates are -substantial – between nearly 6% and 15% – we think, for the +substantial – between nearly 6% and 15% – we think, for the reasons stated above, that they greatly understate the actual rates of overblocking that occurs, and therefore cannot be considered as anything more than minimum estimates of the rates @@ -2639,7 +2600,7 @@ as "Adult/Sexually Explicit," and by Websense as "Adult Content." The filtering programs also erroneously blocked several Web sites having to do with education and careers. The filtering programs blocked two sites that provide information on home -schooling. "HomEduStation – the Internet Source for Home +schooling. "HomEduStation – the Internet Source for Home Education," http://www.perigee.net/~mcmullen/homedustation/, was categorized by Cyber Patrol as "Adult/Sexually Explicit." Smartfilter blocked "Apricot: A Web site made by and for home @@ -2931,21 +2892,21 @@ applications, the law's sanctions may deter individuals from challenging the law's validity by engaging in constitutionally protected speech that may nonetheless be proscribed by the law. Without an overbreadth doctrine, "the contours of regulation -would have to be hammered out case by case – and tested only by +would have to be hammered out case by case – and tested only by those hardy enough to risk criminal prosecution to determine the proper scope of regulation." Dombrowski v. Pfister, 380 U.S. 479, 487 (1965); see also Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503 (1985) ("[A]n individual whose own speech or expressive conduct may validly be prohibited or sanctioned is permitted to challenge a statute on its face because it also -threatens others not before the court – those who desire to +threatens others not before the court – those who desire to engage in legally protected expression but who may refrain from doing so rather than risk prosecution or undertake to have the law declared partially invalid."). Plaintiffs argue that the overbreadth doctrine is applicable -here, since CIPA "threatens to chill free speech – because it +here, since CIPA "threatens to chill free speech – because it will censor a substantial amount of protected speech, because it is vague, and because the law creates a prior restraint . . . ." Unlike the statutes typically challenged as facially overbroad, @@ -3389,9 +3350,9 @@ judgment, it is both necessary and appropriate for those decisions to evaluate the content of a proposed student activity. I should think it obvious, for example, that if two groups of 25 students requested -the use of a room at a particular time – one to view +the use of a room at a particular time – one to view Mickey Mouse cartoons and the other to rehearse an -amateur performance of Hamlet – the First Amendment +amateur performance of Hamlet – the First Amendment would not require that the room be reserved for the group that submitted its application first. Nor do I see why a university should have to establish a @@ -3585,7 +3546,7 @@ to fulfill their journalistic purpose and statutory obligations."); Finley, 524 U.S. at 586 ("The NEA's mandate is to make esthetic judgments, and the inherently content-based 'excellence' threshold for NEA support sets it apart from the -subsidy at issue in Rosenberger – which was available to all +subsidy at issue in Rosenberger – which was available to all student organizations that were 'related to the educational purpose of the University . . . .'") (quoting Rosenberger, 515 U.S. at 824); see also Cornelius v. NAACP Legal Def. & Educ. @@ -3640,8 +3601,8 @@ the Westerville Ohio Public Library, see supra at 46-47, even a library that uses software filters has opened its Internet collection "for indiscriminate use by the general public." Perry Educ. Ass'n v. Perry Local Educs. Ass'n, 460 U.S. 37, 47 (1983). - "[M]ost Internet forums – including chat rooms, newsgroups, mail -exploders, and the Web – are open to all comers." Reno v. ACLU, + "[M]ost Internet forums – including chat rooms, newsgroups, mail +exploders, and the Web – are open to all comers." Reno v. ACLU, 521 U.S. 844, 880 (1997). @@ -3841,9 +3802,9 @@ Tribe, American Constitutional Law Sec. 12-24 at 987 (2d ed. 1988) ("The 'public forum' doctrine holds that restrictions on speech should be subject to higher scrutiny when, all other things being equal, that speech occurs in areas playing a vital role in -communication – such as in those places historically associated +communication – such as in those places historically associated with first amendment activities, such as streets, sidewalks, and -parks – especially because of how indispensable communication in +parks – especially because of how indispensable communication in these places is to people who lack access to more elaborate (and more costly) channels."); Daniel A. Farber, Free Speech without Romance: Public Choice and the First Amendment, 105 Harv. L. Rev. @@ -3873,7 +3834,7 @@ organizations of private interests, with millions of readers associated with each organization. Rather, the press then was much like the Internet today. The cost of a printing press was low, the readership was slight, -and anyone (within reason) could become a publisher – +and anyone (within reason) could become a publisher – and in fact an extraordinary number did. When the Constitution speaks of the rights of the "press," the architecture it has in mind is the architecture of the @@ -3991,7 +3952,7 @@ since the founding. . . . Two hundred years after the framers ratified the Constitution, the Net has taught us what the First Amendment means. . . . The model for speech that the framers embraced was the model of the -Internet – distributed, noncentralized, fully free and +Internet – distributed, noncentralized, fully free and diverse. Lessig, Code, at 167, 185. Indeed, "[m]inds are not changed in streets and parks as they once were. To an increasing degree, @@ -4438,7 +4399,7 @@ evidence of any technology protection measure that avoids overblocking, we conclude that any technology protection measure that blocks a sufficient amount of speech to comply with CIPA's requirement that it "protect[] against access through such -computers to visual depictions that are – (I) obscene; (II) child +computers to visual depictions that are – (I) obscene; (II) child pornography; or (III) harmful to minors" will necessarily block substantial amounts of speech that does not fall within these categories. CIPA Sec. 1712 (codified at 20 U.S.C. Sec. 9134(f)(1)(A)). @@ -4751,8 +4712,8 @@ in Reno, contains no exception for parental consent: [W]e noted in Ginsberg that "the prohibition against sales to minors does not bar parents who so desire from purchasing the magazines for their children." Under -the CDA, by contrast, neither the parents' consent – -nor even their participation – in the communication +the CDA, by contrast, neither the parents' consent – +nor even their participation – in the communication would avoid the application of the statute. Reno, 521 U.S. at 865 (citation omitted); see also Ginsberg, 390 @@ -5442,7 +5403,7 @@ pornography" has the meaning given in 18 U.S.C. Sec. 2256. CIPA Sec. defines material that is "harmful to minors" as: any picture, image, graphic image file, or other visual -depiction that – (i) taken as a whole and with respect +depiction that – (i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to @@ -5460,7 +5421,7 @@ A determination regarding what matter is appropriate for minors shall be made by the school board, local educational agency, library or other authority responsible for making the determination. No agency or -instrumentality of the United States Government may – +instrumentality of the United States Government may – (A) establish criteria for making such determination; (B) review the determination made by the certifying [entity] . . . ; or (C) consider the criteria employed @@ -5701,8 +5662,8 @@ X, Sec. 901, comes to a conclusion similar to the one that we reach regarding the effectiveness of Internet filters. The commission concludes that: -All filters–those of today and for the foreseeable -future–suffer (and will suffer) from some degree of +All filters–those of today and for the foreseeable +future–suffer (and will suffer) from some degree of overblocking (blocking content that should be allowed through) and some degree of underblocking (passing content that should not be allowed through). While the @@ -5757,8 +5718,8 @@ cultural institutions that exercise considerable control over which art to fund, which pictures to hang, and which courses to teach. That these choices necessarily involve judgments about favored and -disfavored content – judgments clearly prohibited in -the realm of censorship – is indisputable. +disfavored content – judgments clearly prohibited in +the realm of censorship – is indisputable. Lee C. Bollinger, Public Institutions of Culture and the First Amendment: The New Frontier, 63 U. Cin. L. Rev. 1103, 1110-15 @@ -5767,8 +5728,8 @@ Amendment: The New Frontier, 63 U. Cin. L. Rev. 1103, 1110-15 effectively subsidized a vast range of publications, and singled out for penalty only a handful of speakers. See Arkansas Writers' Project, 460 U.S. at 228-29 (noting that "selective -taxation of the press – . . . [by] targeting individual members -of the press – poses a particular danger of abuse by the State" +taxation of the press – . . . [by] targeting individual members +of the press – poses a particular danger of abuse by the State" and explaining that "this case involves a more disturbing use of selective taxation than Minneapolis Star, because the basis on which Arkansas differentiates between magazines is particularly @@ -5890,8 +5851,8 @@ effective way to determine the age of a user who is accessing material through e-mail, mail exploders, newsgroups, or chat rooms. As a practical matter, the Court also found that it would be prohibitively -expensive for noncommercial – as well as some -commercial – speakers who have Web sites to verify that +expensive for noncommercial – as well as some +commercial – speakers who have Web sites to verify that their users are adults. These limitations must inevitably curtail a significant amount of adult communication on the Internet. @@ -6057,8 +6018,8 @@ freely express themselves on matters of public concern, including the subsidization of housing and the demographic makeup of the community. To the extent, moreover, that a municipality is -the voice of its residents—is, indeed, a megaphone -amplifying voices that might not otherwise be audible—a +the voice of its residents—is, indeed, a megaphone +amplifying voices that might not otherwise be audible—a curtailment of its right to speak might be thought a curtailment of the unquestioned First Amendment rights of those residents. See Meir Dan-Cohen, "Freedoms of @@ -6309,320 +6270,4 @@ such paragraph to other persons or circumstances shall not be affected thereby." CIPA Sec. 1721(e). - - -*** END OF THE PROJECT GUTENBERG EBOOK, CHILDREN'S INTERNET PROTECTION ACT (CIPA) RULING *** - -This file should be named 5180.txt or 5180.zip - -Project Gutenberg eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the US -unless a copyright notice is included. Thus, we usually do not -keep eBooks in compliance with any particular paper edition. - -We are now trying to release all our eBooks one year in advance -of the official release dates, leaving time for better editing. -Please be encouraged to tell us about any error or corrections, -even years after the official publication date. - -Please note neither this listing nor its contents are final til -midnight of the last day of the month of any such announcement. -The official release date of all Project Gutenberg eBooks is at -Midnight, Central Time, of the last day of the stated month. 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