Agenda Item D.3
CPMS DISCUSSION/ACTION ITEM
Meeting Date: March 15, 2022
TO: Mayor and Councilmembers
FROM: Jaime Valdez, Neighborhood Services Director
Allison Gray, Library Director
SUBJECT: Internet Use and Safety Policy for Goleta and Santa Ynez Valley Libraries
RECOMMENDATION:
Adopt an Internet Use and Safety Policy for Goleta and Santa Ynez Valley Libraries.
BACKGROUND:
The Children’s Internet Protection Act (CIP A) was enacted by Congress in 2000 to address concerns about children’s access to obscene or harmful content over the internet. CIPA imposes certain requirements on schools or libraries that receive discounts for internet access through the E -rate program, which is a program that makes certain communications services and products more affordable for eligible schools and libraries.
In early 2001, the Federal Communications Commission (FCC) issued rules implementing CIPA and provided updates to those rules in 2011. A summary of relevant CIPA requirements is provided in Attachment 1.
CIPA requires three things: an Internet Use and Safety Policy that addresses the reasons for filtering internet computers and wireless networks; the ability for staff to remove the filter for adults (not minors) who request it at a particular public internet computer station; and the holding of a public meeting for the discussion of this issue. In consultati on with the City Attorney’s office, staff determined that the public meeting portion of the CIPA requirements should be at the City Council level.
Currently, the Library does not filter its public internet computers or the wireless network.
Historically, this has caused consternation for parents, but Library management felt it was important to provide free access to the internet. The use of filters in the past often proved to b e ineffective; however, more recently they have greatly improved in terms of on ly filtering out sites that, according to CIPA, should be filtered.
DISCUSSION:
Recently, the Black Gold Cooperative Library System Director informed City staff that Zone 4, managed by the City of Goleta, is now the only jurisdiction in Black Gold that does not abide by CIPA. CIPA requires the filtering of all public internet computers and 1 Meeting Date: March 15, 2022
wireless networks within library buildings to protect minors from accessing inappropriate sites.
Goleta’s non-compliance causes three major issues for Black Gold as well as Goleta and its branches. First, if even one member of Black Gold is not in compliance with CIPA, the whole cooperative is unable to apply for Federal funding. The Black Gold Cooperative Director has informed Goleta staff that we have a 3-month grace period (ending June 30, 2022) during which Black Gold can apply for ongoing Federal funding pre-compliance; if we are not in compliance after that date, Black Gold will no longer be eligible for that funding. Second, if Goleta and its branches are not CIPA -compliant, we will see our E - rate funding disappear and our internet expenses increase by approximately $5,000 a month, starting at the beginning of the next fiscal year. E -rate discounts for inexpensive internet for public libraries and schools are contingent upon being CIPA-compliant. Each library would incur significant fees for internet service if they were non-CIPA-compliant.
Third, Goleta and its branches would be ineligible for any other Federal funding.
The proposed draft Internet Use and Safety Policy is provided in Attachment 2. On August 25, 2021, the Library Advisory Commission considered the Use and Safety Policy and unanimously recommended its approval to Council.
FISCAL IMPACTS:
There is no fiscal impact to adopting this policy. The cost of non-CIPA access, however, is unsustainable for any of the Goleta, Buellton or Solvang library budgets. Staff also do not want to inhibit the other members of the Black Gold Cooperative from having access to Federal funds.
ALTERNATIVES:
The City Council could choose to maintain unfiltered public access to the Internet but risks losing funding as described above.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Children's Internet Protection Act (CIPA) Summary of Requirements
2. Goleta and Santa Ynez Valley Libraries Internet Use and Safety Policy
2 Attachment 1
Children's Internet Protection Act (CIPA) Summary of Requirements
3 1
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554 1-888-CALL-FCC (1-888 -225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau Children’s Internet Protection Act (CIPA)
The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children's access to obscene or harmful content over the Internet. CIPA imposes certain requirements on schools or libraries that receive discounts for Internet access or internal connections through the E-rate program – a program that makes certain communications services and products more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA and provided updates to those rules in 2011.
What CIPA requires
Schools and libraries subject to CIPA may not receive the discounts offered by the E-rate program unless they certify that they have an Internet safety policy that includes technology protection measures. The protection measures must block or filter Internet access to pictures that are: (a) obscene; (b) child pornography; or (c) harmful to minors (for computers that are accessed by minors).
Before adopting this Internet safety policy, schools and libraries must provide reasonable notice and hold at least one public hearing or meeting to address the proposal.
Schools subject to CIPA have two additional certification requirements: 1) their Internet safety policies must include monitoring the online activities of minors; and 2) as required by the Protecting Children in the 21st Century Act, they must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and cyberbullying awareness and response.
Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing:
• Access by minors to inappropriate matter on the Internet; • The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications;
• Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online;
• Unauthorized disclosure, use, and dissemination of personal information regarding minors; and • Measures restricting minors' access to materials harmful to them.
Schools and libraries must certify they are in compliance with CIPA before they can receive E-rate funding.
• CIPA does not apply to schools and libraries receiving discounts only for telecommunications service only;
• An authorized person may disable the blocking or filtering measure during use by an adult to enable access for bona fide research or other lawful purposes. • CIPA does not require the tracking of Internet use by minors or adults.
You can find out more about CIPA or apply for E-rate funding by contacting the Universal Service Administrative Company's (USAC) Schools and Libraries Division (SLD) at sl.universalservice.org. SLD 4 2
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554 1-888-CALL-FCC (1-888 -225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau also operates a client service bureau to answer questions at 1-888-203-8100 or via email through the SLD website.
Filing a complaint
You have multiple options for filing a complaint with the FCC:
• File a complaint online at https://consumercomplaints.fcc.gov • By phone: 1-888-CALL-FCC (1-888-225-5322); TTY: 1-888-TELL-FCC (1-888-835-5322); ASL:
1-844-432-2275
• By mail (please include your name, address, contact information and as much detail about your complaint as possible):
Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
45 L Street NE
Washington, DC 20554
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Last Reviewed: 12/30/19
5 Attachment 2
Goleta and Santa Ynez Valley Libraries Internet Use and Safety Policy 6 GOLETA AND SANTA YNEZ VALLEY LIBRARIES
Internet Use and Safety Policy
Internet access provided by Goleta Valley Library (GVL) and its branches is a free service to an open network provided for your convenience and its use is at your own risk. It is available to the general public and is NOT SECURE. GVL cannot and does not guarantee the privacy of your data and communication while using the service.
This Service provides access to the Internet on an "as is" basis with all risks associated with such access.
The providers of the Service make no warranty that the Service or that any information, software, or other material accessible on the Service is free of viruses, worms, trojan horses or other harmful components.
By connecting, the user acknowledges and accepts the risks associated with public access to the Internet and public use of an unsecured wireless network.
Internet Safety and Minors at the Library
The Goleta Valley Library and its branches in conjunction with the Black Gold Cooperative Library System (BGCLS) participates in the federally funded “E-Rate” program which provides affordable Internet access to schools and lib raries. The Federal Communications Commission (FCC) requires E -Rate participants to follow the 2001 Children's Internet Protection Act (CIPA). This law requires us to filter our Internet access.
https://www.fcc.gov/sites/default/files/childrens_internet_protection_act_cipa.pdf
Parents and legal guardians are responsible for their children at all times while visiting the library. This includes responsibility for minor children’s use of the Internet. To provide for the safety of our minor patrons and to be compliant with CIPA, the Goleta and Santa Ynez Valley Libraries currently use filtering software to block websites that promote:
Obscenity
Child Pornography
Adult Content and Pornography
Content harmful to minors
Cyberbullying
Hacking and other unlawful activities
Computer filters cannot guarantee that all potentially objectionable material is removed. The Goleta and Santa Ynez Valley Libraries cannot guarantee that a user (minor or adult) will not get to an offensive site or will not be inadvertently exposed to o ffensive contact as all computers are placed in a public area.
Additionally, parents and legal guardians are responsible for monitoring, supervising and deciding which Internet sites are appropriate for minors in their custody. If unable to access a site, an adult patron (age 7 18 or above) may request staff to disable the filter during his/her computer session, as per CIPA regulations.
Children and teens increasingly use social media, email, chat rooms, instant messaging and other forms of direct communication. All patrons, minors and adults, are strongly cautioned to use good judgment when chatting with others online, recognizing that unscrupulous people will lie about themselves for their own advantage. The Goleta and Santa Ynez Valley Libraries urge discretion and caution with electronic communication, especially for minors. Parents and legal guardians are responsible for all direct electronic communication (email, social media, chat rooms or direct message service) in which minors in their custody participate. The library encourages parents and guardians to read and discuss safety guidelines as set forth in "Child Safety on the Internet Superhighway" (https://www.safekids.com/child-safety-on- the-information-highway/ ) with their children and teens.
This policy was adopted at an open meeting by the Goleta City Council on October 5, 2021 8