Senators McCain and Hollings Reintroduce School Filtering Software
Bill
(January 22, 1999) Sen. John McCain and Sen. Ernetst Hollings reintroduced a bill that would require schools and libraries receiving universal service funds under the "e-rate" program to use filtering software on computers with Internet access.
| See, copy of S 97, "Childrens' Internet Protection Act." |
The bill, S 97, affects all elementary schools, secondary schools, and libraries that receive federal funds under the universal service provisions of Section 254 of the Telecom Act of 1996. This program, which is more commonly known as the "e-rate," subsidizes computer networking, Internet access, and telephone service for schools and libraries. The e-rate program is run by the Federal Communications Commission, and the Schools and Libraries Division of the Universal Service Administration Corporation (USAC), which the FCC controls.
The bill would require that schools and libraries receiving "e-rate" subsidies to use filtering software on computers to block access to material that is "harmful to minors."
To receive "e-rate" funds, a school or library would have to certify to the FCC that it has "(A) selected a technology for computers with Internet access to filter or block material deemed to be harmful to minors; and (B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material."
As in the 105th Congress, this bill is sponsored by Sen. John McCain (R-AZ) and Sen. Ernest (Fritz) Hollings (D-SC). They are the Chairman and Ranking Minority Member, respectively, of the Senate Commerce Committee, which has jurisdiction over the bill.
"This legislation is an important step in the battle to protect children from the dark side of the Internet. Children should be protected from stumbling onto indecent material while using the web for legitimate research purposes and this bill will go a long way in obtaining that goal," said Hollings in a joint press release (see below).
McCain stated that "Parents can protect their children from exposure to harmful material and monitor their children's Internet use at home. But parents can't supervise how their children use the Internet outside the home, in schools and libraries." He continued: "As Internet use in our schools and libraries continues to grow, children's potential exposure to harmful online content and to those who seek to sexually abuse children will only increase. Perhaps most important, this legislation will not censor what goes onto the Internet, nor will it censor what adults may see, but rather filters what comes out of it onto the computers our children use outside the home."
| See also, Summary of Blocking Software Bills in the 105th Congress. |
The language in this version of the bill is stronger than what was in the version which Sen. McCain sponsored in the 105th Congress (S 1619 - 105th). The words "and uses or will use" are new. Opponents of the filtering software argued that the absence of this language in S 1619 gave schools the loophole of obtaining filtering software, but never using it.
One provision of the bill which is likely to be opposed by some legislators, particularly on the House Commerce Committee, provides that the Federal Communication Commission shall pass regulations to implement the bill. Some legislators oppose expanding the FCC's authority to regulate the Internet. See, for example, "Rep. Oxley Calls FCC Regulation the Greatest Threat to the Internet".
Under S 97, the rules for libraries would be more relaxed than those for schools. Libraries would not be required to use filtering software on all of their computers.
S 97 leaves it to the local school and library boards to make all decisions regarding what filtering technology to use. There is also a section in the bill which would prevent any agency or instrumentality of the U.S. government from reviewing the decisions of the local authorities. It provides:
No agency or instrumentality of the United States Government may---
(A) establish criteria for making that determination;
(B) review the determination made by the certifying school, school board, library, or other authority; or
(C) consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (h)(1)(B).".
Press Release of Sen. John McCain and Sen. Ernest
Hollings.
Re: S 97, Childrens' Internet Protection Act.
Date: January 20, 1999.
Source: Senate Commerce Committee.
WEDNESDAY, JANUARY 20, 1999
FOR IMMEDIATE RELEASE
CONTACT:
PIA PIALORSI (202)224-2670
MAURY LANE (202)224-6654
McCAIN - HOLLINGS REINTRODUCE BILL TO PROTECT CHILDREN ON INTERNET
WASHINGTON, D.C. -- Senator John McCain (R-AZ), Chairman of the Committee on Commerce, Science, and Transportation, and Senator Ernest Hollings (D-SC), Ranking Democrat of the Committee, introduced the Childrens' Internet Protection Act, S.97. The bill is designed to protect children from exposure to sexually explicit and other harmful material when they access the Internet in school and in the library. S.97 is similar to the Internet School Filtering Act introduced in the last session of Congress by McCain and Hollings.
"Parents can protect their children from exposure to harmful material and monitor their children's Internet use at home. But parents can't supervise how their children use the Internet outside the home, in schools and libraries," McCain said. "As Internet use in our schools and libraries continues to grow, children's potential exposure to harmful online content and to those who seek to sexually abuse children will only increase. Perhaps most important, this legislation will not censor what goes onto the Internet, nor will it censor what adults may see, but rather filters what comes out of it onto the computers our children use outside the home."
"This legislation is an important step in the battle to protect children from the dark side of the Internet. Children should be protected from stumbling onto indecent material while using the web for legitimate research purposes and this bill will go a long way in obtaining that goal," Hollings said.
The bill requires schools receiving universal service discounts to use a filtering system or some other blocking technology on their computers. Libraries are required to use a filtering system on one or more of their computers so that at least one computer will be appropriate for minors' use. (Filtering technology is eligible to be subsidized by the E-rate discount). Once a school or library certifies that it will use a filtering system, they will be eligible to receive universal service fund subsidies for Internet access. If schools and libraries do not certify, they will not be eligible to receive universal service fund-subsidized discounts.
"Websurfers using seemingly innocuous terms while searching the World Wide Web for educational or harmless recreational purposes can inadvertently run into adult sites," McCain said. "If schools and libraries accept these federally-provided subsidies for Internet access, they have an absolute responsibility to their communities to assure that children are protected from online content that can harm them."
(bill summary attached)