FCC CIPA (library censorware) order
The FCC issues regulations on CIPA today - good links at "Blue Highways".
I've skimmed through the document, and as far as I can parse it out (keeping in mind I'm not a lawyer). it basically says "School and library censorware is now going into effect". But it doesn't say anything new as to what's valid censorware for the purposes of the law. I assume this means the old compliance ruling is still in place:
25. Some commenters have requested that we require entities to certify to the effectiveness of their Internet safety policy and technology protection measures. However, such a certification of effectiveness is not required by the statute. Moreover, adding an effectiveness standard does not comport with our goal of minimizing the burden we place on schools and libraries. Therefore, we will not adopt an effectiveness certification requirement.
26. A large majority of commenters express concern that there is no technology protection measure currently available that can successfully block all visual depictions covered by CIPA. Such commenters seek language in the certification or elsewhere "designed to protect those who certify from liability for, or charges of, having made a false statement in the certification" because available technology may not successfully filter or block all such depictions. Commenters are also concerned that technology protection measures may also filter or block visual depictions that are not prohibited under CIPA.
27. We presume Congress did not intend to penalize recipients that act in good faith and in a reasonable manner to implement available technology protection measures. Moreover, this proceeding is not the forum to determine whether such measures are fully effective.
Note that part regarding act in good faith and in a reasonable manner. I think it's the key element for any ideas of "Open Censorware"
By Seth Finkelstein | posted in censorware , legal | on July 24, 2003 11:05 PM (Infothought permalink) | Followups
