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. Identity of the Plaintiffs
1. Library and Library Association Plaintiffs