CHILD INTERNET PROTECTION ACT - ENACTMENT
                 Act of Nov. 30, 2004, P.L. 1556, No. 197             Cl. 35
                                  AN ACT

     Providing for protection of children from obscene material,
        child pornography and other material that is harmful to
        minors on the Internet in public schools and public
        libraries; and providing for the duties of the Secretary of
        Education.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Child
     Internet Protection Act.
     Section 2.  Declaration of policy.
        The General Assembly finds and declares as follows:
            (1)  The Commonwealth has a compelling interest and duty
        to protect children from exposure to obscenity, child
        pornography and other material that is harmful to minors.
            (2)  The Commonwealth has a compelling interest in
        preventing any user from accessing obscene material and child
        pornography within a public school or public library setting.
            (3)  There is a need to balance the goal of providing
        free access to educationally suitable information sources on
        the Internet against the compelling need and duty to protect
        children from contact with sexual predators and from access
        to obscene material, child pornography and material harmful
        to children.
            (4)  It is not the intent of this act to create or impose
        liability on software program or Internet service providers
        that make available information created by third parties by
        treating the software or service provider as the publisher or
        speaker of such information. Nor should this act be construed
        as imposing any liability on software program or Internet
        service providers for creating and making available to users
        monitoring and screening functions that serve to restrict
        access to offensive material. Indeed, it is the intent of the
        General Assembly to minimize such liability on software
        program and Internet service providers in order to encourage
        the development and deployment of blocking and screening
        technologies and in order to promote the widest possible
        dissemination of such technologies to libraries, schools and
        end users.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Acceptable-use policy."  A policy for Internet usage that
     meets the requirements of this act which is acceptable to and
     adopted by a school board or a governing body of a public
     library.
        "Child pornography."  As described in 18 Pa.C.S. § 6312
     (relating to sexual abuse of children).
        "Department."  The Department of Education of the
     Commonwealth.
        "Harmful to minors."  As defined in 18 Pa.C.S. § 5903
     (relating to obscene and other sexual materials and
     performances).
        "Internet."  The international network of computer systems.
        "Obscene."  As defined for purposes of "obscene materials" in
     18 Pa.C.S. § 5903 (relating to obscene and other sexual
     materials and performances).
        "Public library."  A county or local library that receives
     State aid pursuant to Article III of the act of June 14, 1961
     (P.L.324, No.188), known as The Library Code.
        "School board."  The board of directors of a school entity.
        "School entity."  A public school district, charter school,
     cyber charter school, intermediate unit or area vocational-
     technical school.
        "Secretary."  The Secretary of Education of the Commonwealth.
     Section 4.  School entity Internet policies.
        (a)  Acceptable-use policy.--Within 180 days after the
     effective date of this act, each school board shall adopt an
     acceptable-use policy for the Internet. At a minimum, the policy
     shall contain provisions which are reasonably designed to:
            (1)  Prevent students and employees of the school entity
        from using any computer equipment and communications services
        owned or leased by the school entity for sending, receiving,
        viewing or downloading visual depictions of obscenity, child
        pornography or material that is harmful to minors.
            (2)  Establish appropriate measures to be taken against
        students and school employees who willfully violate the
        school entity's acceptable-use policy.
            (3)  Provide for expedited review and resolution of a
        claim that the policy is denying a student or school employee
        access to material that is not within the prohibition of the
        acceptable-use policy.
        (b)  Implementation and enforcement.--The school board shall
     take such steps as it deems appropriate to implement and enforce
     the school entity's policy, which shall include, but need not be
     limited to:
            (1)  use of software programs reasonably designed to
        block access to visual depictions of obscenity, child
        pornography or material that is harmful to minors; or
            (2)  selection of online servers that block access to
        visual depictions of obscenity, child pornography or material
        that is harmful to minors.
        (c)  Copy of policy for parents or guardians.--A school
     entity shall provide, upon written request of a parent or
     guardian, a copy of the acceptable-use policy it has adopted
     under this act.
     Section 5.  Public library Internet policies.
        (a)  Acceptable-use policy.--Within 180 days after the
     effective date of this act, the governing body of each public
     library shall adopt an acceptable-use policy for the Internet.
     At a minimum, the policy shall contain provisions which are
     reasonably designed to:
            (1)  Prevent library patrons, including those patrons
        under 18 years of age and library employees, from using the
        library's computer equipment and communications services for
        sending, receiving, viewing or downloading visual depictions
        of obscenity, child pornography or material that is harmful
        to minors.
            (2)  Establish appropriate measures to be taken against
        library patrons and employees who willfully violate the
        policy.
        (b)  Implementation and enforcement of policy.--The governing
     body of the public library shall take such steps as it deems
     appropriate to implement and enforce the requirements of
     subsection (a). These steps shall include, but need not be
     limited to, the following:
            (1)  the use of software programs designed to block
        access by library patrons and employees to visual depictions
        of obscenity, child pornography or material that is harmful
        to minors; or
            (2)  the selection of online servers that block access by
        library patrons and employees to visual depictions of
        obscenity, child pornography or material that is harmful to
        minors.
        (c)  Immunity.--A public library shall not be subject to
     civil liability for damages to any person as a result of the
     failure of any approved software program or approved online
     server to block access to visual depictions of obscenity, child
     pornography or material that is harmful to minors. Nothing in
     this section shall be deemed to abrogate or lessen any immunity
     or other protection against liability accorded to public
     libraries under existing law or court decision.
     Section 6.  Consultation on acceptable-use policies.
        The Attorney General and the secretary shall consult with and
     assist any public library or school entity that requests such
     assistance in the development and implementation of an
     acceptable-use policy under this act.
     Section 7.  Reports.
        (a)  Copy of policy to be filed.--Within 200 days after the
     effective date of this act, each school entity and public
     library shall file with the secretary a copy of the acceptable-
     use policy of the school entity and public library which has
     been adopted under this act. Each revision to the acceptable-use
     policy shall be transmitted to the secretary in accordance with
     section 8.
        (b)  Identification of software program and online servers.--
     Each acceptable-use policy filed with the department shall
     identify any software program or online server that is being
     utilized to block access to material in accordance with sections
     4(b) and 5(b).
     Section 8.  Enforcement of acceptable-use policies.
        (a)  Review of acceptable-use policies.--The secretary shall
     review each acceptable-use policy filed by a public library and
     school entity under this act and each revision thereof. If the
     secretary determines after review that a policy or revision is
     not designed to achieve the requirements of section 4 or 5, the
     secretary shall provide written notice to the school entity or
     public library explaining the nature of such noncompliance and
     shall afford the school entity or public library a 30-day period
     for correcting any failure to comply with this act. The
     secretary may provide a reasonable extension of time for
     submission of a revised acceptable-use policy on a showing of
     good cause.
        (b)  Revision of policies.--No revision of an acceptable-use
     policy which has been approved by the secretary under subsection
     (a) shall be implemented until such revision is approved by the
     secretary. If the secretary fails to disapprove the revision
     within 60 days after submission to the secretary, the school
     entity or public library may proceed with the implementation of
     the revision of its acceptable-use policy.
        (c)  Withholding of funding from school entities and public
     libraries.--The secretary shall withhold a portion of State
     funding to a school entity or public library if the school
     entity or public library:
            (1)  fails to submit an acceptable-use policy within the
        time prescribed in this act;
            (2)  submits an acceptable-use policy that is not
        reasonably designed to achieve the requirements of section 4
        or 5; or
            (3)  is not enforcing or is substantially disregarding
        its acceptable-use policy.
        (d)  Appeal.--If the secretary disapproves an acceptable-use
     policy or any revision thereof under this section or notifies
     the school entity or public library that it is subject to the
     withholding of funding pursuant to subsection (c), the aggrieved
     school entity or public library may appeal the decision to the
     Commonwealth Court.
     Section 9.  Duties of the secretary.
        (a)  Procedure.--
            (1)  The secretary shall be responsible for conducting
        investigations and making written determinations as to
        whether or not a public library or school entity has violated
        the requirements of this act.
            (2)  If the secretary determines that a school entity or
        public library is in violation, the secretary shall direct
        the school entity or public library to acknowledge and
        correct the violation within a 30-day period and to develop a
        corrective plan for preventing future recurrences.
        (b)  Construction.--Nothing in this section shall limit the
     authority of the secretary to withhold funds pursuant to section
     8(c) in an appropriate case.
     Section 10.  Disabling blocking technology for use by certain
                    persons.
        (a)  General rule.--Notwithstanding any other section of this
     act to the contrary, an administrator, supervisor or their
     designee may disable the software program or online server for
     an adult or a minor who provides written consent from a parent
     or guardian to enable access for bona fide research or other
     lawful purpose.
        (b)  Construction.--Nothing in this section shall be
     construed to permit any person to have access to material the
     character of which is illegal under Federal or State law.
     Section 11.  Severability.
        The provisions of this act are severable. If any provision of
     this act or its application to any person or circumstance is
     held invalid, the invalidity shall not affect other provisions
     or applications of this act which can be given effect without
     the invalid provision or application.
     Section 12.  Applicability.
        School entities and public libraries fulfilling the
     requirements of the Children's Internet Protection Act (Public
     Law 106-554, 114 Stat. 2763A-335) are not required to fulfill
     the requirements of this act.
     Section 13.  Repeal.
        All acts and parts of acts are repealed insofar as they are
     inconsistent with this act.
     Section 14.  Effective date.
        This act shall take effect immediately.