HomeMy WebLinkAboutLibrary Board Minutes 09.09.2003 MINUTES OF THE LAUREL PUBLIC LIBRARY
BOARD OF TRUSTEES September 9, 2003
Attending
Peg Freund (presiding), Katherine Kucera, Clara Killebrew, Bonnie Latham, Gail
Brice, and Peggy Arnold attended the meeting.
Minutes
The minutes of the August meeting were read and approved.
Correspondence
We received a letter from Karen Strege, Montana State Librarian, concerning
C.I.P.A. The fall workshop is September 26 -27 in Lewistown. There will also be
a Federation Advisory Board meeting the evening of September 26
Circulation
Traffic for August 2003 was 1,597, up 8% from August of 2002. Circulation for
August 2003 was 3,054 up 6% from August 2002.
Old Business
Peggy is in the process of writing the community room use rules and an
application for use of the room. Our library users are enjoying the decorations in
the children's area.
New Business
Katherine, Bonnie, and Nancy will attend the fall workshop and Federation
Meeting September 26 -27. Patti Tuka has been employed for six months and is
due for a raise per a satisfactory employment review. The Library Board passed
a motion to give Patti Tuka a raise per a satisfactory review.
The Laurel Library Trust is looking for members. We will purchase an Auto
Repair Database for use by our cardholders to access from the Internet. We will
need to present an annual report to the City Council in the next few months.
Peggy will be on vacation next week.
Time to Address the Board
No one addressed the board.
Next Meeting
The next meeting will be held at 6:30 p.m. on October 14, 2003.
N.ONTANA Litrary 1513 Eas: 6th Avenue :ieieln ivbritana 59620-1803 )6
To: Public Library Directors; Public Library Board of Trustees Chairs
From: Karen Strege, State Librarian YS
Re: The Children's Internet Protection Act (CIPA) and Federal Funds
Date: August 11, 2003
On June 23, 2003, the Supreme Court ruled that the filtering requirement in CIPA was
constitutional for public libraries. The Court's decision means that any public library using E -rate
or Library Services Technology Act (LSTA) funds for certain purposes must comply with the law's
filtering requirement. This memo is intended to give you summary information about the ruling's
effects on the E -Rate application process and LSTA. The attachment contains answers to
frequently asked questions about CIPA.
The State Library will continue to provide information on CIPA through its website,
< http: // msl.state.mt.us /admin /CIPA.htm> and on Wired -Mt. When appropriate we will also mail
informational memos to all public library directors and the chairs of the board of trustees. The
State Library welcomes any questions on CIPA and encourages you to check with us should you
have any concerns or questions.
The two federal funding programs used by some Montana libraries are:
E -rate: CIPA's filtering provision applies when using E -rate funds for Internet provider
costs or for internal connection costs. The filtering provision does not apply to
discounts on telecommunication costs, including voice or data circuits.
LSTA: CIPA's filtering provision applies when using LSTA funds to purchase computers .
that will be accessing the Internet or to pay for direct costs associated with accessing the
Internet.
CIPA Compliance and the E -Rate
Libraries receiving Internet Access (IA) and /or Internal Connections (IC) funds for this
current funding year 2003 (7/1/2003 - 6/30/2004) must certify that they are either (a) already in
compliance with CIPA or (b) are undertaking actions to be in compliance by 7/1/2004. If you
certify that you are undertaking actions this year, you must be in compliance by 7/1/2004.
What is compliance? You must have an Internet safety policy and "technology protection
measures" (TPM) in place on all computers, including staff computers, with Internet access in
your library by 7/1/2004. In other words, you have a little less than a year to look at your
filtering options and decide whether and which ones to buy and install on your library's
computers if you want to continue to receive E -Rate discounts for Internet Access and /or
Internal Connections. More specific instructions follow.
1) If you have NOT YET FILED Form 486 (Receipt of Service Confirmation Form) and are
requesting IA /IC E -Rate funds for the 2003 funding year, you must file a REVISED
Form 486 to certify that you are (a) either already in compliance with CIPA or (b) are
undertaking actions.
An Equa! Op791-tizn :- E hG
The new Form 486 is not yet available. You have at least until the end of October 2003
to do so (120 days from the start of the funding year July 1, 2003 or from the n
date of your Funding Commitment Decision Letter - whichever is later).
2) If you have ALREADY FILED a Form 486 for IA /IC E -Rate funds for 2003, you must
file a REVISED Form 486 to certify that you are (a) already in compliance with CIPA or
(b) are undertaking actions. The 120 day rule still applies and you have at least until the
end of October to do so.
3) If you have ALREADY FILED a Form 486 for IA /IC E -Rate funds for 2003 but do not
comply with CIPA and have NO intention of undertaking actions, you CANNOT receive E-
Rate funds for Internet Access and /or Internal Connections. However, you may
still receive Telecommunications E -Rate funds.
You do not have to return any E -Rate funds received for IA /IC between July 1, 2003 and
the effective date of the FCC Order. The Order does not specify how you are to
"return" unused E -Rate funds for the current year. If you believe this situation may
apply lo your library, please let iviSL know, so we can help you find out how you are to
proceed.
NOTE: We do not yet have an effective date for the Order. This is the date it appears in
the Federal Register.
4) If you have ALREADY FILED a Form 486 for 2003 for Telecommunications E -Rate
funds ONLY, you have nothing further to do, the CIPA does not apply to your library.
You do NOT have to file a REVISED Form 486 because you do NOT have to certify
compliance with CIPA.
NOTE: You may request discounts for both voice and data lines (DSL, cable, ISDN, n
satellite, T1, dial -up) under Telecommunications. If you have questions about which
services are considered Telecommunications, Internet Access and /or Internal
Connections, be sure to consult the Eligible Services List available on the SLD web site
http : / /www.sl.universalservice.org/ or call MSL.
5) If you have NOT YET FILED a Form 486 for Telecommunications E -Rate funds
ONLY after the effective date of the Order, you will have to file a REVISED Form 486,
but will mark that CIPA does not apply because you are only receiving telecomm
funds. If the effective date of the Order has not yet been announced, it would probably
be a good idea to file the old Form 486 as soon as possible and get it out of the way.
Watch Wired-MT and tha MS.. CIPA page < http:// nnsl .state.mt.usiadmin /CIPA.htm> for
information on when the newly revised Form 486 becomes available, as well as for news
on the effective date of the FCC Order. We will also be posting links to updates and
additional resources so you can easily find information for your library boards and staff.
CIPA Compliance and Library Services and Technology Act (LSTA)
There are only a couple of key points you need to know about CIPA compliance and LSTA:
1) If you are currently an E -Rate recipient and meet the requirements for CIPA
compliance as set forth by the FCC and SLD, you need do nothing further for LSTA.
The certification of compliance filed with Form 486 is considered sufficient.
2) If you are NOT using LSTA funds to purchase computers to access the Internet
and /or to pay for direct costs associated with accessing the Internet, you do not
have to make any changes because of CIPA. In Montana, no libraries received LSTA
funding for these purposes. Therefore, at this time, you do not need to worry about
CIPA's effect on the use of LSTA funds in your library.
Questions and Answers about CIPA
From the Montana State Library
August 11, 2003
The State Library provides this assistance to library directors and board of trustees to
help them understand CIPA requirements. If a public library decides not to accept E -rate
or LSTA funds to fund Internet access, then the library is not required to follow CIPA.
What is the technology protection measure required by CIPA?
A technology protection measure (TPM) is most commonly a filter, which is a piece of software
designed to prevent Internet users from accessing particular sites. The TPM must protect against
access to visual depictions that are:
(1) obscene,
(2) contain child pornography, or
(3) are harmful to minors.
The first two prohibitions are defined in other parts of the federal statutes, and "harmful to minors"
is defined in CIPA and is applicable to minors only. In its April 2001 rules, the Federal
Communications Commission (FCC) did not elaborate on the visual depictions beyond what is in
the law. CIPA does not require the filtering of text.
Which computers must be filtered?
The law states that a TPM that protects against access to the visual depictions referenced above
must be on any of a library's computers with Internet access. This includes staff and patron
computers accessed by minors or adults. Even Internet connected computers located in
administrative areas not accessible to the public must still have TPMs installed.
Where should the filtering software be installed?
It makes no difference where the filtering is done. It can be done centrally by an Internet Service
Provider, or at the server level on the library's local or wide area network, or the filter can be
individually installed on each workstation
Must the library provide filters that can be disabled?
In MSL's opinion, yes. The law states that any authorized staff may disable the filter, or TPM, to
allow adults to have unrestricted Internet access for any !awful purpose. For the E -rate, the
disabling language is applicable to adults only. That is, no person under 18 can ask to have the
filter disabled. (Note: Even without CIPA, there is no constitutional protection for anyone to view
obscene images or child pornography.)
The Supreme Court's ruling places considerable emphasis on CIPA's unblocking option. For
example, Justice Kennedy's opinion indicates that if a patron requests unfiltered access to view
constitutionally protected content, and the library does not honor such a request, then the library
places itself at risk of a challenge by the patron.
Must the adult user state why he or she wants unfiltered access?
The law does not address the issue of requiring patrons to state why they are seeking unfiltered
Internet access, but language in the Court's ruling supports the position that adult patrons simply
have to request unfiltered access, with no explanation needed.
What if our library uses filters and a child accesses a prohibited site?
The law states that the Internet TPM must protect against visual depictions outlawed by the
legislation. No TPM is 100% effective in preventing all such access. In its CIPA regulations, the
FCC declined to further define the TPM requirements or to adopt any type of definition or
certification on how effective a TPM must be, beyond the general "protect" language in the law.
The FCC noted, "We conclude that local authorities are best situated to choose which technology
measures and Internet safety policies will be most appropriate for their relevant communities."
The FCC presumes that Congress did not intend to penalize libraries that act in good faith and in
a reasonable manner to implement filters.
If our library complies with CIPA, what policies should we adopt? Does the State Library
have templates of policies or procedures?
If the library board of trustees decides to apply for E -rate funding for internal connections and
Internet access and thereby comply with CIPA, then the board should adopt policies and
pr ^cedures to guide staff and ii ;nary users. The State Library plans to develop sample policies
based on information from the FCC, other interested parties, and our knowledge of Montana's
public libraries. We will post these policies to our web site and publicize their availability
If you have questions, please contact:
Suzanne Reymer, Statewide Technology Librarian
MT Toll free: (888) 826 -0837
Phone: (406) 255 -0729
Fax: (406) 255 -0732
Email: srevmera,uswest.net
The Montana State Library thanks Bob Bocher, Wisconsin Department of Public Instruction, for
allowing us to adapt his information for these memos. For additional resources and Montana -
specific information, please consult the CIPA pages on the Montana State Library website
http:/ /msl.state.mt.us /admin /CIPA.htm