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Subject:  U.S. Senate Passes Contradictory Filtering Mandate



 To CoSN Members

Senate Passes Contradictory Filtering Mandate


On June 27th, the Senate finally considered whether to require E-rate
recipients
to install and use blocking and filtering software.  After minimal debate,
it
adopted three different and contradictory provisions on the subject.  First,
the
Senate approved the McCain Amendment (No. 3610) to the Labor-HHS-Education
appropriations bill (H.R. 4577) by a 95 to 3 vote.  The McCain amendment
requires schools and libraries receiving E-rate funds to install and use
technology that blocks access by minors to obscenity, child pornography, and
"any other material that the school or library determines to be
inappropriate
for minors."  Senator John McCain (R-AZ) spent considerable time explaining
that
he felt schools and libraries should also block access to material such as
hate
speech, sites about violence, and sites about drugs, not only "obscenity,
child
pornography or 'harmful to minors' material."

 Prior to the vote on the McCain Amendment, Sens. Orrin Hatch (R-UT) and
Patrick
Leahy (D-VT) added a provision to it requiring large (50,000+ customers of
an
Internet Service Providers (ISP's) to provide filtering software to their
residential customers for free or at cost.  Similar language had been
unanimously approved by the Senate last year as part of the Juvenile Justice
bill, which remains stalled in conference.  While the Hatch - Leahy
amendment
did not replace McCain's filtering provision, Leahy spoke strongly of his
measure as an alternative that would allow teachers, parents and librarians
to
have the tools they need to make decisions in their local communities.
Senator
Leahy also introduced a considerable amount of material into the record that
was
critical of mandatory filtering.

 In addition, Senator Rick Santorum (R-PA) introduced an amendment (No.
3635),
to HR 4577 (the underlying bill) which offers E-rate recipients choice
between
developing a comprehensive community-based Internet Use Policy or providing
filtering or blocking software.  The Santorum amendment, supported by COSN,
passed 75 to 24.  It requires at a minimum that recipients of e-rate funding
have a publicly developed Internet Use Policy that covers use of the Web,
e-mail, chat, disclosure of children's personally identifiable information,
and
hacking.

 The Senate is striving to complete work on H.R. 4577 before recessing for
the
July 4th holiday at the end of the week. After the Senate passes HR 4577, it
must be reconciled with the version passed by the House. The House version
of
the Labor HHS Education Appropriations bill includes a filtering requirement
for
educational institutions receiving Title III technology funds.  In the House
bill, "obscene material, child pornography, and material that is harmful to
minors" must all be filtered for all recipients of ESEA funds which are used
to
purchase or support computers.  Adults using the Internet for "bona fide
research" may have the filtering software turned off while they are using
the
computer, under the House version.  This language was offered by Rep. Ernest
Istook (R-OK).

 Now that these different approaches to child safety on the internet in
schools
and libraries are found in both versions of the bill, differences will be
worked
out as the Senate goes to conference with the House, presumably sometime in
mid-July.



Filtering-Related Provisions of Labor HHS Approps Bill



      FILTERING PROVISION


     APPLIES TO: REQUIREMENTS
      SENATE
      S.Amdt. 3610 Sen. McCain

      Passed with a 95-3 vote



      (also includes Hatch/Leahy provision below)
     Schools and libraries receiving E-rate funds
     To select and use technology that blocks access by minors to obscenity,
child pornography, and "any other material that the library determines to be
inappropriate for minors."

      Sen. Hatch and Leahy amdt

      Added by voice vote to Senator

      McCain's amdt
     Large ISPs (over 50,000 subscribers)
     To provide filtering software to their customers for free or at cost

      S.Amdt. 3635 Sen. Santorum Passed 75-24


     Schools and libraries receiving E-rate funds
     To implement Internet filtering or blocking system or use policies that
addresses Internet access to matter inappropriate for minors (local
determination of content)

      HOUSE
      Rep. Istook


     Elementary, secondary and educational agencies receiving funds under
Title
III of ESEA
     To use technology that filters or blocks access to minors to material
that
is obscene, child pornography, and material harmful to minors

      (can disable for adult use for bona fide research or other lawful
purposes)