[LM_NET] Please write to the FCC about CIPA

[Nancy Willard <nwillard@CSRIU.ORG>]

Hi all,

I am sorry I am delayed with this - I am doing way too much. But 
fortunately, there is a week for you to respond. The FCC is currently in 
the process of soliciting comments in a notice of proposed rulemaking 
(NPRM) to determine what "educating minors about appropriate online 
behavior" actually means, i.e. what schools will be required to certify 
that they are doing. The proposed regulations related to the new 
education about minors are very general - as I anticipated and said 
before. All they want schools to do is certify that they are providing 
this education. You also have to change your board policy that says you 
are providing this education.

You can find an article that links to the regulations here: 
<http://www.eschoolnews.com/2009/11/09/fcc-proposes-web-safety-education-rules/> 

There was a deadline to file comments by tomorrow, but this has been 
extended until the 25th.

Here is what is most important. The FCC also asks for information on two 
other points that are especially important. One is they want to know how 
schools are making a determination of what material is "harmful to 
minors." According to the statute the term ``harmful to minors'' means 
any picture, image, graphic image file, or other visual depiction that 
(A) taken as a whole and with respect to minors, appeals to a prurient 
interest in nudity, sex, or excretion; (B) depicts, describes, or 
represents, in a patently offensive way with respect to what is suitable 
for minors, an actual or simulated sexual act or sexual contact, actual 
or simulated normal or perverted sexual acts, or a lewd exhibition of 
the genitals; and (C) taken as a whole, lacks serious literary, 
artistic, political, or scientific value as to minors.

They want to know how you - school districts - are interpreting this and 
how you are incorporating community standards. This is flat out BS. 
(excuse me) School districts have no ability whatsoever to make these 
determinations. All you can do is select the most appropriate categories 
provided by the filtering company - under conditions where you do not 
know actually what the filtering company is blocking in its categories 
and the blocking decisions of the company are a protected trade secret.

They also want to know how you are providing for overrides - which in 
most school districts is simply not occurring - or is not something that 
can happen fast enough to allow for effective education.

The most important thing that the FCC needs to here is that all of this 
money they are spending for telecommunications is not doing anywhere 
near what it could be doing - and in many ways this is because of CIPA. 
Read here: <http://www.ednetnews.com/story-2332-3.html> "Despite 
overwhelming agreement among parents, teachers and principals that the 
effective implementation of technology in schools is crucial to student 
success, students say they “step back in time” when they enter the 
school building each morning, according to today’s release of the 2008 
Speak Up survey." "Through Speak Up, students consistently report they 
are inhibited from effectively using computers or the Internet at 
school. Besides lack of time at school to use technology, students 
(6th-12th grade) report their technology use is impeded by the ever 
present school filters or firewalls which block access to websites they 
need (43 percent), teachers who limit their technology use (35 percent) 
and rules that limit their use of technology at school (26 percent)."

The other thing that is very evident is that they still believe filters 
are effective. Apparently no one has told them about all of the 
developments that allow people to bypass filters - developed for the 
dissidents in the Middle East and Asia - and how any high school student 
can easily bypass the school's filter - it is just the adult staff who 
do not do this.

So here is what I suggest. You can take the time to read the proposed 
regulations. The most important thing the FTC needs to hear from 
educators from throughout the country is that the manner in which the 
CIPA requirement has been implemented in schools is preventing schools 
from effectively using technologies for instructional purposes. Point 
out: That schools have no control over deciding what is blocked - and 
there is no mechanism to hold the filtering companies accountable for 
their decisions. That in most schools they are so afraid of some 
consequence like losing erate funds, that no one is allowed to override 
the filter. That because of this many teachers are not willing to even 
try to use the Internet for instruction - because they are too often 
blocked by the filter from getting to the sites they need. That students 
can easily bypass the filters.

I suggest encouraging them to implement a study of this - because all of 
that money they are providing for telecommunciations is not being used 
wisely because of CIPA.

The people the FCC needs to hear from is YOU!!! YOU have important 
stories to tell. Don't worry about writing some professional-sounding 
document. Just be yourself and tell your story about filtering in your 
own words. Please they need to hear from you. Tell them this is not 
working.

To file a comment in the e-rate matter first write your comment in Word 
- you will have to upload this:
1 - Go to http://fjallfoss.fcc.gov/ecfs/
2 - Click on "search for proceedings"
3 - Next to "proceeding number" enter 02-6 and press enter
4 - You should now be on a page that that shows "Proceeding 02-6 
Details" with the Subject " In the Matter of Schools and Libraries 
Universal Service Support Mechanism" Here you will see "Recent Public 
Filings" which includes any filing on this docket number and on the 
right side of the page, it should read " 140 total FCC filings." To read 
the filing I'm referring to, click on " Common Carrier Bureau - NOTICE 
OF PROPOSED RULEMAKING" with the date received of 11/4/09.
5 - To file a comment, click on "submit a filing in 02-6" near the top 
of the page.
6 - Make sure to fill in the required fields.

Please take the time to do this. It is very important that they hear 
from you. Please feel free to send this message to other folks.

Nancy

-- 
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
nwillard@csriu.org

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