CIPA came into effect in the US on 20th April 2001, intended to
protect minors. It obliges schools and public libraries where more
than one computer is connected to the internet to use filtering
software blocking images defined as "obscene", "child pornography"
or otherwise "harmful to minors."
The law also requires adults to get permission to access such
material. Libraries that fail to comply are barred from receiving
federal funds.
Solicitor General Theodore Olson argued for the US that
libraries do not provide adult videos and magazines on their
shelves, therefore should not be required to offer access to porn
on their computers.
Paul Smith, a lawyer for the American Library Association,
countered that filters that programs unintentionally block access
to a large amount of legitimate material and amount to
censorship.
In separate cases, the US Supreme Court has already declared
invalid two internet laws and part of a third internet law in
circumstances of free speech prevailing against censorship.
Yesterday, however, the Supreme Court judges seemed more willing to
accommodate the legislation.
One judge made the point that asking a library to disable the
filters was not a "great burden." Another judge made the point that
the flaws in software that block legitimate content could be
fixed.
A decision on the case is not expected before the summer.
