EC(LEGAL) - TECHNOLOGY RESOURCES

Next Generation Technology

Children's Internet Protection Act

Definitions

  1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
  2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
  3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

47 U.S.C. 254(h)(7)(G); 20 U.S.C. 6777(e)(6)

Universal Service Discounts (E-Rate)

Internet Safety Policy

  1. Access by minors to inappropriate matter on the internet and the World Wide Web;
  2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
  3. Unauthorized access, including "hacking," and other unlawful activities by minors online;
  4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
  5. Measures designed to restrict minors' access to materials harmful to minors.

47 U.S.C. 254(l); 7 C.F.R. 54.520(c)(1)(ii)

Public Hearing

Inappropriate for Minors

Noncompliance

Technology Protection Measure

Exception for Adults

Monitored Use

Certifications to the FCC

  1. An internet safety policy has been adopted and implemented;
  2. With respect to use by minors, an ESC is enforcing the internet safety policy and operating a technology protection measure during any use of the computers; and
  3. With respect to use by adults, an ESC is enforcing an internet safety policy and operating a technology protection measure during any use of the computers.

47 U.S.C. 254(h)(5); 47 C.F.R. 54.520

ESEA Funding

  1. Has in place a policy of internet safety for minors that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene, child pornography, or harmful to minors and enforces the operation of the technology protection measure during any use by minors of its computers with internet access; and
  2. Has in place a policy of internet safety that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene or child pornography; and enforces the operation of the technology protection measure during any use of its computers with internet access.

Certification to the Department of Education

20 U.S.C. 7131

Uniform Electronic Transactions Act

Records Retention

  1. Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
  2. Remains accessible for later reference.

Definitions

Authentication of Electronic Communications

Interception of Communications

Education Service Center Region 11

EC(LEGAL)-ESCA

UPDATE 27

DATE ISSUED: 6/11/2021