[LM_NET] More on E-rate and Internet safety education

[Nancy Willard <nwillard@CSRIU.ORG>]

Hmm. Perhaps I need to be more specific. This is a follow up to my last
message about E-Rate compliance. The following is a message that is being
sent to schools:

> E-Rate and i-SAFE: As you may be aware, effective October 10, 2008, the
> ³Protecting Children in the 21st Century Act² [Title II of the ³Broadband Data
> Improvement Act,² amending 47 U.S.C. 254 (h)(5)(b) of the Communications Act
> of 1934] mandates that elementary and secondary schools having computers with
> Internet access may not receive services at discount rates [i.e., E-Rate
> grants for Internet access, Internet service or internal connections, but not
> grants for telecom only] unless the school, school board or local educational
> agency submits to the Federal Communications Commission a certification that
> as part of their Internet safety policy they are ³educating minors about
> appropriate online behavior, including interacting with other individuals on
> social networking websites and in chat rooms and cyber bullying awareness and
> response.² Furthermore, the FCC¹s E-Rate enforcement principles include the
> following:
> 1.       No Universal Service Fund payments will be made on behalf of any
> applicant that does not file the requisite certifications; and
> 2.       If certifications are found to be false ­ as determined by subsequent
> review or audit ­ applicants will have to reimburse the Fund for any funds and
> discounts received for the period covered.
> 
> i-SAFE¹s E-Rate Compliance Package is a one-stop, ³no-hassle² administrative
> service that provides schools and districts with two very important product
> packages:
> 1.       An auditable record of the Internet safety education delivered in
> your district¹s schools and upon which you can validate/authenticate the
> E-Rate Internet safety education certification that must (by law) accompany
> your E-Rate reimbursement application; and
> 2.       Free top-of-the-line, grade-specific Internet safety curriculum on
> social networking, chat rooms and cyber bullying (plus many other optional
> e-Safety curriculum and resources).


In the past, I have spoken about my concerns about the degree to which the
I-Safe curriculum uses fear-based messages to try to scare students about
Internet risk. The scare tactic approach to risk prevention is not effective
way to prevent young people from engaging in risk behavior. There is
disturbing evidence of the same fear-based "mind set" in this message.

To reiterate from my last message:

The FCC has not yet issued regulations for this new requirement. But a
review of their current regulations indicates that the FCC does not consider
CIPA to require information gathering and data retention. There was no
change in the statutory language that would introduce this as a new
requirement. 

Further, the FCC indicated that they are highly unlikely to ever review or
audit whether a district is in compliance with the CIPA provisions. They are
willing to rely on the good faith of the schools.

Given this, unless the FCC does a dramatic turn around which I would not
anticipate, districts will not need an "auditable record" of the delivery of
Internet safety education to be in compliance with CIPA. And given that
I-Safe is now charging for use of the materials that they developed with
millions of dollars of federal funds, it is hard to figure out why they are
indicating that these are "free."

What you will be required to do is add a provision to your Internet use
policy indicating that you are providing Internet safety education - and
have a public hearing on this new addition.

How your district decides to deliver this education is up to you.

I hope this helps clear up some misunderstandings.

Nancy
-- 
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
http://csriu.wordpress.com
nwillard@csriu.org

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)

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