Virginia Passes State Version of CIPA

-- Library Journal, 03/27/2007

Virginia has become the second state to pass a state version of the Children's Internet Protection Act (CIPA), joining Utah in requiring libraries to use filters to block child pornography and obscenity, and, for minors, "harmful to minors" material. Unlike the 2000 federal law, which ties filters to receipt of E-rate telecomm discounts, and the 2004 Utah law, the Virginia law is not an unfunded mandate; it allots $190,000 in the first year for filters, then $133,000 in each of the next two years. The state estimated that software would have to be upgraded every three years.

The legislation was the top priority of the Virginia Family Foundation, and has been introduced for several years. The Virginia Library Association (VLA) had argued that locally developed policies are more appropriate; however, "It's an election year, and this is an emotional issue," Jerry McKenna, co-chair of the VLA's Intellectual Freedom Committee, told LJ. The legislation does provide for a disabling policy, stating that "a person authorized by the library board shall disable or otherwise bypass the technology protection measure required by this section at the request of a patron to enable access for bona fide research or other lawful purposes." McKenna estimated that about half the libraries in the state already use filters; for the others, he said, the new law would have a big impact. Several other states have passed laws requiring filter policies or required filtering for minors.