To receive E-rate discounts, a library must also certify that filtering software is in operation during adult use of the Internet.  More specifically, with respect to adults, a library must certify that it is “enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are – (I) obscene; or (ii) child pornography,” and that it is “enforcing the operation of such technology protection measure during any use of such computers.”  CIPA Sec. 1721(b) (codified at 47 U.S.C.  Sec. 254(h)(6)(C)).  Interpreting the statutory terms “any use,” the FCC has concluded that “CIPA makes no distinction between computers used only by staff and those accessible to the public.”  In re Federal-State Joint Board on Universal Service:  Children’s Internet Protection Act, cc Docket No. 96-45, Report and Order, FCC 01-120, 30 (Apr. 5, 2001).  With respect to libraries receiving E-rate discounts, CIPA further specifies that “[a]n administrator, supervisor, or other person authorized by the certifying authority . . . may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose.”  CIPA Sec.1721(b) (codified at 47 U.S.C.  Sec. 254(h)(6)(D)). 2.  CIPA’s Amendments to the LSTA Program Section 1712 of CIPA amends the Museum and Library Services Act (20 U.S.C.  Sec. 9134(f)) to provide that no funds made available under the Act “may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet,” unless such library “has in place” and is enforcing “a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions” that are “obscene” or “child pornography,” and, when the computers are in use by minors, also protects against access to visual depictions that are “harmful to minors.”  CIPA Sec. 1712 (codified at 20 U.S.C.  Sec. 9134(f)(1)).  Section 1712 contains definitions of “technology protection measure,” “obscene,” “child pornography,” and “harmful to minors,” that are substantially similar to those found in the provisions governing the E-rate program.  CIPA Sec. 1712 (codified at 20 U.S.C.  Sec. 9134(f)(7)); see also supra note 2.

As under the E-rate program, “an administrator, supervisor or other authority may disable a technology protection measure . . . to enable access for bona fide research or other lawful purposes.”  CIPA Sec. 1712 (codified at 20 U.S.C.  Sec. 9134(f)(3)).  Whereas CIPA’s amendments to the E-rate program permit disabling for bona fide research or other lawful purposes only during adult use, the LSTA provision permits disabling for both adults and minors. 2.