If a K-12 school allows students to use their cell phones in school and a student uses their
smartphone browser to access pornography on school grounds, is the school in violation of CIPA?
The question above came in yesterday's e-mail and I don't think I've read a good answer to this question. This is last I've read from the FCC that seems even marginally related:
4. Clarification on filtering for student-owned devices is still to come
As BYOD programs become increasingly common, questions about requirements for filtering student-owned devices when used on campus continue to arise. The FCC has said it will clarify appropriate policies for filtering student-owned devices at another time.
“Some E-rate recipients have sought guidance regarding the potential application of CIPA requirements to the use of portable devices owned by students and library patrons, such as laptops and cellular telephones, when those devices are used in a school or library to obtain Internet access that has been funded by E-rate…. We believe it may be helpful to clarify the appropriate policies in this area, and intend to seek public comment in a separate proceeding.” http://blog.lightspeedsystems.com/products/category/web-filter-for-schools/web-filter-schools/
But this is addressing personal devices using the school provided Internet connections (to obtain Internet access that has been funded by E-rate), not personal connections. We can and will filter student access to the Internet via WiFi or other connectivity to the school network. But what about the kid with 3G or other EVDO connectivity that completely doesn't use our network at all?
Personally, I don't see how schools (or the FCC) can regulate personal Internet connections and what kids access on them anymore that they can regulate what books or magazines that kids buy outside of school - nor should they.
I certainly think one can enforce a rule in schools that says students may not access materials that violate school policies or are distracting/hostile to others. School could even (misguidedly, IMHO) ban the use of personally purchased networks within a school.
But I don't see any concern over CIPA or e-rate funding if they don't.
Does anyone else know of rulings or guidelines on this issue? Inquiring minds want to know.
Friday, December 2, 2011 at 05:53AM 
Reader Comments (6)
Good grief, I am hoping FCC does not start going after BYOD schools. I am feeling this is just another way for a vendor, like Lightspeed, to scare schools into purchasing another expensive product. IMHO, most cell providers have the ability to filter content and it should be SOLELY at the discretion of the parent to use those online tools - not the government.
Doug,
I agree.... I don't think there is any concern over E-rate funding in this case. The access is being done over a network that the school has no control over and was not paid for with E-rate funds. Beyond that, I've had lots of people hold this scenario up as the reason not to allow smartphones or mobile devices in schools. My response is to have a solid acceptable use policy that addresses student access of inappropriate material while at school and then enforce it.
I have always encouraged our policy makers to think of Internet media in instructional terms rather than technical ones simply so we can think more holistically about the world our students occupy. Your sentence "I certainly think one can enforce a rule in schools that says students may not access materials that violate school policies or are distracting/hostile to others." captures this sentiment nicely, and the simple addition of the words "or possess" after "access" would express the totality of the risk we are trying to address.
This brings to mind for me another issue schools haven't typically addressed except in the most tangential way, that of Internet porn. At the risk of putting on the fuddy duddy button, I'll venture the comment that as educators, if we are interested in addressing societal risks such as obesity and sexual predation, we really do need to add porn and sexual addiction to the list given the accessibility and ubiquity of it on electronic media. A district policy and the best filters won't do squat about this, any more than a picture of the food pyramid in the cafeteria will get kids to drink less soda.
Rant punchline: We need to grow a healthy Internet culture in school with open talk about why it will be our future, for great good and destructive ill. Having lawyers draft policy words that pass CIPA muster is like calling a meeting to discuss the crack in the dam that's already broken. An effort to get in front of the mob so we can look like leaders might be more effective.
Hi Jen,
I don't see how schools can enforce filtering on student purchased Internet connections even if they wanted to. We certainly don't have any control over what books or magazines kids buy on the open market and may bring to school!
Doug
Hi Marc,
There seem to be school officials who will grasp at any straw to keep student technologies out their buildings. I guess the reasoning is that they just don't want to teach and enforce appropriate use. Sounds like laziness to me!
Thanks for the comment,
Doug
Hi Bill,
Oh, I do think schools have a policy about Internet porn: do what one can to block (or overblock) and then pretend it doesn't exist.
I suspect the "just say no" school of sex education doesn't address pornography at all. Our puritanical natures still equate discussion with approval when it comes to topics around sexuality.
Something I'd not thought of before. Good rant!
Doug
One thing to consider is that the majority of smart phones are wireless and 3G/4G. The providers of the 3G/4G are very conscious of how much bandwidth is getting allocated when students come to school. Consider a typical high school. 1500 users on basically 3 mobile carriers are all concentrated in one place for around 8 hours. The schools are not out in a rural area for the most part and the businesses and homes near the school have users competing for the same amount of finite 3G/4G density from the carriers. This is a nightmare for the carriers. So in their desire to keep from building more cell towers, they configure the devices to log onto the school wireless network first if possible rather than the 3G/4G. If the device successfully logs onto the school wireless, all of their traffic is subject to the school's filter. This reduces the CIPA concerns some. Also, the schools can make it part of the students' user agreement that if they are on the campus they must connect to the schools' network and thus be filtered. This reduces the schools' liability, and protects the students from themselves.
Hi Roger,
Really interesting point about carriers concerns about overloading networks near school. I'd never given that consideration before. My sense is that when possible, students will use the school wi-fi so they don't use up their data plans as well.
All the best,
Doug