Deleting Online Predators Act of 2006
Encyclopedia
The Deleting Online Predators Act of 2006 (DOPA) is a bill (H.R. 5319) brought before the United States House of Representatives
on May 9, 2006 by Republican
Pennsylvania
Representative (R-PA) Mike Fitzpatrick
. The bill, if enacted, would amend the Communications Act of 1934
, requiring schools and libraries that receive E-rate
funding to protect minors from online predator
s in the absence of parental supervision when using "Commercial Social Networking Websites" and "Chat Rooms". The bill would prohibit schools and libraries from providing access to these types of websites to minors or create restrictions to use of these type of sites. The bill also would require the institutions to be capable of disabling the restrictions for "use by an adult or by minors with adult supervision to enable access for educational purposes."
The bill is considered controversial because according to its critics the bill could limit access to a wide range of websites, including many with harmless and educational material. Arguments for the bill focus on the fear of adults contacting children on MySpace
and similar websites. Many Internet websites, however (ranging from Yahoo to Slashdot
to Amazon.com
), allow user accounts, public profiles, and user forums, in accord with the bill's definition of "social networking". The bill places the onus upon the Federal Communications Commission
to provide clarification.
agenda. Along with co-sponsors, he spoke in favor of it. The Caucus' "Suburban Agenda" was shaped around the results of a January 2007 survey conducted by John McLaughlin. McLaughlin focused on issues that could weaken the expected impact of midterm elections on the Republican hold of Congress in Suburban constituencies like Bucks County, Pennsylvania and Orange County, California.
On July 26, 2006, DOPA was brought up for debate and an immediate vote in the House. It was criticized by Rep. Edward Markey (D-MA) and Rep. Bart Stupak (D-MI) for being hastily rewritten before its vote and did not get markup of a full House Committee. The House of Representatives voted 410-15 (7 Not Voting), on a Roll Call vote, to pass the bill as amended. The following day, the bill was received in the U.S. Senate
and referred to the Commerce, Science, and Transportation Committee.
As a House bill, it was passed to the Senate for approval. The bill was not voted on by the Senate.
On January 4, 2007, Senator Ted Stevens (R-AK) reintroduced DOPA in the U.S. Senate
as part of S.49, "Protecting Children in the 21st Century Act". The bill was immediately referred to the Commerce, Science, and Transportation Committee. On February 16, 2007, Rep. Mark Kirk (R-IL) reintroduced The Deleting Online Predators Act of 2007. The bill was referred to the House Committee on Energy and Commerce.
The untitled Georgia bill and the North Carolina Protect Children From Sexual Predators Act impose criminal penalties on any owner or operator of a social networking website that permits a minor to create a profile or join the site without parental consent; if the parent consents, the site must allow parents full access to the minor's profile and webpage. Oklahoma's HB 1715 would require public libraries to block access to email and social networking sites or deny minors access to the Internet in its entirety.
The Illinois Social Networking Prohibition Act would require all public libraries and schools to block access to any social networking site for users of all ages.
The term "chat rooms" were defined as:
Popular websites fitting this definition include MySpace
, Facebook
, Friendster
, and LiveJournal
. This definition could, however, potentially cover a much broader range of websites. Many news websites such as Slashdot
and blogs like RedState
permit both public profiles and personal journals. Amazon.com
allows personal profiles including photos, interests, and contact information. In addition, many media companies, such as News.com publisher CNET Networks, permit users to create profiles displaying photos and other personal information, as well as sending email to other members. Some popular chat services include ICQ
, AOL Instant Messenger
, and Yahoo! Chat.
Before the floor vote in the House, the bill was amended to read: COMMERCIAL SOCIAL NETWORKING WEBSITES; CHAT ROOMS—Within 120 days after the date of enactment of the Deleting Online Predators Act of 2006, the Commission shall by rule define the terms 'social networking website' and 'chat room' for purposes of this subsection. In determining the definition of a social networking website, the Commission shall take into consideration the extent to which a website—
Under the new language, the Federal Communications Commission
, not Congress, will define these terms, using the five criteria as guidelines. Whether the new definition would ultimately be broader or narrower than the original one is unclear. Commercial operation, however, no longer appears to be an absolute requirement, and it could potentially encompass other websites such as Wikipedia
. Like all other provisions of the bill, it is subject to change in a conference committee
before it becomes law.
to issue a consumer alert
about the online predation dangers of commercial social networking websites and chat rooms and to create a website for parents, teachers, school administrators, and others about the dangers of these types of websites, including a list of such websites.
, argue that restrictions on access to social networking websites are necessary to protect children from online predator
s, whether the predators be sexually oriented offenders or even simple online bullies. In introducing his part of the Suburban Caucus agenda, Rep. Michael Fitzpatrick (R-PA) said that as a father he was concerned that, since the "world moves and changes at a dizzying pace," he felt he could no longer keep up in protecting his children, especially when they had Internet access in places other than their own home. He believed legislation was therefore necessary. In his speech, he noted that one in five children had received an unwanted online solicitation of a sexual nature and that child pornography
had increased by 2,000 percent in the past decade. The former is most likely a reference to the Youth Internet Safety Survey
from University of New Hampshire
, while the latter is a reference to the increase in arrests from the FBI's "Innocent Images National Initiative".
Rep. Judy Biggert
(R-IL) added that children have often been taught never to talk to strangers, and that the Internet makes the temptation to talk to strangers stronger. In fact, she noted, a minor in Michigan had traveled halfway across the world to Jericho
to meet in person someone she met on MySpace
.
Rep. Ginny Brown-Waite
(R-FL) spoke and referred to the murder of Jessica Lunsford
by John Couey
, and said that stalking
could now occur online as well as in person.
There are many online safety concerns for children using MySpace, including the amount of specific personal information to use certain website tools, lack of validation for other members' information, and lack of sufficient moderation by the website for review of user violations.
, Slashdot
, RedState
, CNET Networks, and thousands of others. This potentially qualifies them as social networking websites regardless of the content within the websites.
(CIPA). Opponents of the bill point out that the language of the bill would extend such filtering to include websites based on specific technologies rather than specific content, including websites based on those technologies that are used for educational purposes. Some educators have incorporated blog
s and Wiki
s into classroom lessons for students due to their usefulness as a critiquing and editing tool for students' work and as a forum for comments and suggestions by teachers and other students. These educators also favor such technologies because they enable discussion outside of the classroom that can involve students and teachers as well as parents.
Some examples of educational use of these technologies:
The bill would allow minors strictly limited access to those sites. For schools, access would be allowed only with adult supervision and if the site is being used for an educational purpose. For libraries, access would be allowed only if parental authorization is given and the parents are informed that “sexual predators can use these websites and chat rooms to prey on children.”
is asking its members to oppose DOPA. Former ALA president Michael Gorman said, "We know that the best way to protect children is to teach them to guard their privacy and make wise choices. To this end, libraries across the country offer instruction on safe Internet use". On July 11, 2006, the Executive Director of the Young Adult Library Services Association
(YALSA), Beth Yoke, testified before the Subcommittee on Telecommunications and the Internet under the Committee on Energy and Commerce
. She defined the ALA and YALSA combined stance on the issue by saying:
The ALA and other opponents of the bill also believe that this issue is one that should be determined by local authorities, such as local library trustees, community members, and school boards. Opponents argue that this federal action could degrade the authority of those responsible for safe use of the libraries, whereas up to 80% of the funding for the library or school is locally derived.
Following the House vote, the ALA issued a press release recommending libraries demonstrate the utility of the same technologies that would be barred by DOPA. One of the wiki-based resources run by YALSA includes safety instructions for parents and teachers concerning Internet safety, suggestions for concerned individuals to be politically active on the issue, and encouragement for parents and children to sign up for social networking websites.
from the University of New Hampshire, which was implicitly cited by Rep. Michael Fitzpatrick, found two cases of rape/sexual assault through Internet solicitation in its two surveys covering 3,001 children ages 10 to 17. According to the FBI's criminal victimization tables' national rate for sexual assault, one would expect seven rapes or sexual assaults among such a group every year.
Overall, the Youth Internet Safety Survey
suggested that fewer children are actually being sexually solicited online in 2005 than in 1999, hypothesizing that those who encountered solicitations knew better now to rebuff or ignore these solicitations. However, children ages 10 to 17 report more harassment and bullying online—largely from their peers, not the strangers from which Michael Fitzpatrick believes children should be protected.
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on May 9, 2006 by Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
Representative (R-PA) Mike Fitzpatrick
Mike Fitzpatrick
Michael G. "Mike" Fitzpatrick is the U.S. Representative for . He is a member of the Republican Party. He was reelected to Congress in 2010, and previously represented the district from 2005 to 2007, but lost to Patrick Murphy in 2006....
. The bill, if enacted, would amend the Communications Act of 1934
Communications Act of 1934
The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
, requiring schools and libraries that receive E-rate
E-rate
E-Rate is the commonly used name for the Schools and Libraries Program of the Universal Service Fund, which is administered by the Universal Service Administrative Company under the direction of the Federal Communications Commission .-Function:...
funding to protect minors from online predator
Online predator
An online predator is an adult Internet user who exploits vulnerable children or teens, usually for sexual or other abusive purposes.Online victimization of minors can include child grooming, requests to engage in sexual activities or discussions by an adult, unwanted exposure to sexual material ,...
s in the absence of parental supervision when using "Commercial Social Networking Websites" and "Chat Rooms". The bill would prohibit schools and libraries from providing access to these types of websites to minors or create restrictions to use of these type of sites. The bill also would require the institutions to be capable of disabling the restrictions for "use by an adult or by minors with adult supervision to enable access for educational purposes."
The bill is considered controversial because according to its critics the bill could limit access to a wide range of websites, including many with harmless and educational material. Arguments for the bill focus on the fear of adults contacting children on MySpace
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
and similar websites. Many Internet websites, however (ranging from Yahoo to Slashdot
Slashdot
Slashdot is a technology-related news website owned by Geeknet, Inc. The site, which bills itself as "News for Nerds. Stuff that Matters", features user-submitted and ‑evaluated current affairs news stories about science- and technology-related topics. Each story has a comments section...
to Amazon.com
Amazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...
), allow user accounts, public profiles, and user forums, in accord with the bill's definition of "social networking". The bill places the onus upon the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
to provide clarification.
History of the Deleting Online Predators Act
The bill was introduced on May 9, 2006 by Rep. Michael Fitzpatrick (R-PA) as part of the Suburban CaucusSuburban Caucus
An informal group of over 70 Republican members of the United States House of Representatives with primarily suburban constituencies, founded by Rep. Mark Kirk...
agenda. Along with co-sponsors, he spoke in favor of it. The Caucus' "Suburban Agenda" was shaped around the results of a January 2007 survey conducted by John McLaughlin. McLaughlin focused on issues that could weaken the expected impact of midterm elections on the Republican hold of Congress in Suburban constituencies like Bucks County, Pennsylvania and Orange County, California.
On July 26, 2006, DOPA was brought up for debate and an immediate vote in the House. It was criticized by Rep. Edward Markey (D-MA) and Rep. Bart Stupak (D-MI) for being hastily rewritten before its vote and did not get markup of a full House Committee. The House of Representatives voted 410-15 (7 Not Voting), on a Roll Call vote, to pass the bill as amended. The following day, the bill was received in the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and referred to the Commerce, Science, and Transportation Committee.
As a House bill, it was passed to the Senate for approval. The bill was not voted on by the Senate.
On January 4, 2007, Senator Ted Stevens (R-AK) reintroduced DOPA in the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
as part of S.49, "Protecting Children in the 21st Century Act". The bill was immediately referred to the Commerce, Science, and Transportation Committee. On February 16, 2007, Rep. Mark Kirk (R-IL) reintroduced The Deleting Online Predators Act of 2007. The bill was referred to the House Committee on Energy and Commerce.
State Legislation Restricting Access to Social Networking Sites
Similar bills to ban or restrict access to social networking sites have been introduced in Georgia, North Carolina, Oklahoma and Illinois in 2007.The untitled Georgia bill and the North Carolina Protect Children From Sexual Predators Act impose criminal penalties on any owner or operator of a social networking website that permits a minor to create a profile or join the site without parental consent; if the parent consents, the site must allow parents full access to the minor's profile and webpage. Oklahoma's HB 1715 would require public libraries to block access to email and social networking sites or deny minors access to the Internet in its entirety.
The Illinois Social Networking Prohibition Act would require all public libraries and schools to block access to any social networking site for users of all ages.
Definitions
"Commercial Social Networking Websites" were originally defined within the bill as:- Sec.2(c)(J) a commercially operated Internet website that-
- (i) allows users to create web pages or profiles that provide information about themselves and are available to other users; and
- (ii) offers a mechanism for communication with other users, such as a forum, chat room, email, or instant messenger.
The term "chat rooms" were defined as:
- Sec.2(c)(K) Internet websites through which a number of users can communicate in real time via text and that allow messages to be almost immediately visible to all other users or to a designated segment of all other users.
Popular websites fitting this definition include MySpace
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
Facebook
Facebook is a social networking service and website launched in February 2004, operated and privately owned by Facebook, Inc. , Facebook has more than 800 million active users. Users must register before using the site, after which they may create a personal profile, add other users as...
, Friendster
Friendster
Friendster is a social gaming site that is based in Malaysia, KL. The company now operates mainly from the three Asian countries namely in the Philippines, Malaysia and Singapore....
, and LiveJournal
LiveJournal
LiveJournal is a virtual community where Internet users can keep a blog, journal or diary. LiveJournal is also the name of the free and open source server software that was designed to run the LiveJournal virtual community....
. This definition could, however, potentially cover a much broader range of websites. Many news websites such as Slashdot
Slashdot
Slashdot is a technology-related news website owned by Geeknet, Inc. The site, which bills itself as "News for Nerds. Stuff that Matters", features user-submitted and ‑evaluated current affairs news stories about science- and technology-related topics. Each story has a comments section...
and blogs like RedState
RedState
RedState is a conservative American political weblog.The site is currently a subsidiary of Eagle Publishing, Inc., a conservative publishing house which also owns Regnery Publishing and the weekly magazine Human Events...
permit both public profiles and personal journals. Amazon.com
Amazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...
allows personal profiles including photos, interests, and contact information. In addition, many media companies, such as News.com publisher CNET Networks, permit users to create profiles displaying photos and other personal information, as well as sending email to other members. Some popular chat services include ICQ
ICQ
ICQ is an instant messaging computer program, which was first developed and popularized by the Israeli company Mirabilis, then bought by America Online, and since April 2010 owned by Mail.ru Group. The name ICQ is a homophone for the phrase "I seek you"...
, AOL Instant Messenger
AOL Instant Messenger
AOL Instant Messenger is an instant messaging and presence computer program which uses the proprietary OSCAR instant messaging protocol and the TOC protocol to allow registered users to communicate in real time. It was released by AOL in May 1997...
, and Yahoo! Chat.
Before the floor vote in the House, the bill was amended to read: COMMERCIAL SOCIAL NETWORKING WEBSITES; CHAT ROOMS—Within 120 days after the date of enactment of the Deleting Online Predators Act of 2006, the Commission shall by rule define the terms 'social networking website' and 'chat room' for purposes of this subsection. In determining the definition of a social networking website, the Commission shall take into consideration the extent to which a website—
-
- (i) is offered by a commercial entity;
- (ii) permits registered users to create an on-line profile that includes detailed personal information;
- (iii) permits registered users to create an on-line journal and share such a journal with other users;
- (iv) elicits highly-personalized information from users; and
- (v) enables communication among users.
Under the new language, the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
, not Congress, will define these terms, using the five criteria as guidelines. Whether the new definition would ultimately be broader or narrower than the original one is unclear. Commercial operation, however, no longer appears to be an absolute requirement, and it could potentially encompass other websites such as Wikipedia
Wikipedia
Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
. Like all other provisions of the bill, it is subject to change in a conference committee
Conference committee
A conference committee is a joint committee of a bicameral legislature, which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill...
before it becomes law.
FTC Requirements
The bill would also require the Federal Trade CommissionFederal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
to issue a consumer alert
Consumer Alert
Consumer Alert was an American non-profit organization which advocated on business and consumer issues. It was primarily funded by corporations. It was founded in 1977 by Barbara A. Keating-Edh and John Henry Sununu, who would later go on to become Governor of New Hampshire and White House Chief...
about the online predation dangers of commercial social networking websites and chat rooms and to create a website for parents, teachers, school administrators, and others about the dangers of these types of websites, including a list of such websites.
Controversy
Both sides spoke out in favor of blocking online predators. The controversy was over the effectiveness and drawbacks of the specific measures to be taken.Arguments in Favor
The bill's proponents, including members of the Suburban CaucusSuburban Caucus
An informal group of over 70 Republican members of the United States House of Representatives with primarily suburban constituencies, founded by Rep. Mark Kirk...
, argue that restrictions on access to social networking websites are necessary to protect children from online predator
Online predator
An online predator is an adult Internet user who exploits vulnerable children or teens, usually for sexual or other abusive purposes.Online victimization of minors can include child grooming, requests to engage in sexual activities or discussions by an adult, unwanted exposure to sexual material ,...
s, whether the predators be sexually oriented offenders or even simple online bullies. In introducing his part of the Suburban Caucus agenda, Rep. Michael Fitzpatrick (R-PA) said that as a father he was concerned that, since the "world moves and changes at a dizzying pace," he felt he could no longer keep up in protecting his children, especially when they had Internet access in places other than their own home. He believed legislation was therefore necessary. In his speech, he noted that one in five children had received an unwanted online solicitation of a sexual nature and that child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
had increased by 2,000 percent in the past decade. The former is most likely a reference to the Youth Internet Safety Survey
Youth Internet Safety Survey
The Youth Internet Safety Survey was a series of two surveys conducted in the United States in 1999 and 2004. The National Center for Missing & Exploited Children provided funding to Dr. David Finkelhor, Director of the Crimes Against Children Research Center at the University of New Hampshire,...
from University of New Hampshire
University of New Hampshire
The University of New Hampshire is a public university in the University System of New Hampshire , United States. The main campus is in Durham, New Hampshire. An additional campus is located in Manchester. With over 15,000 students, UNH is the largest university in New Hampshire. The university is...
, while the latter is a reference to the increase in arrests from the FBI's "Innocent Images National Initiative".
Rep. Judy Biggert
Judy Biggert
Judith Borg "Judy" Biggert is the U.S. Representative for , serving since 1999. She is a member of the Republican Party.-Early life, education and career:...
(R-IL) added that children have often been taught never to talk to strangers, and that the Internet makes the temptation to talk to strangers stronger. In fact, she noted, a minor in Michigan had traveled halfway across the world to Jericho
Jericho
Jericho ; is a city located near the Jordan River in the West Bank of the Palestinian territories. It is the capital of the Jericho Governorate and has a population of more than 20,000. Situated well below sea level on an east-west route north of the Dead Sea, Jericho is the lowest permanently...
to meet in person someone she met on MySpace
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
.
Rep. Ginny Brown-Waite
Ginny Brown-Waite
Virginia "Ginny" Brown-Waite is the former U.S. Representative for , serving from 2003 until 2011. She is a member of the Republican Party....
(R-FL) spoke and referred to the murder of Jessica Lunsford
Jessica Lunsford
Jessica Marie Lunsford was a nine-year-old girl who was abducted from her home in Homosassa, Florida in the early morning of February 24, 2005. Believed held captive over the weekend, she was raped and later murdered by 47-year-old John Couey who lived nearby. The media covered the investigation...
by John Couey
John Couey
John Evander Couey was an American sex offender convicted of kidnapping, raping, and murdering nine-year old Jessica Lunsford in February 2005, in Florida. Lunsford's disappearance and Couey's subsequent confession and trial received extensive media coverage...
, and said that stalking
Stalking
Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
could now occur online as well as in person.
There are many online safety concerns for children using MySpace, including the amount of specific personal information to use certain website tools, lack of validation for other members' information, and lack of sufficient moderation by the website for review of user violations.
Arguments in Opposition
The arguments against the bill have focused on efforts to revise it to directly address the problem of online predators, and to prevent the blocking of harmless and/or educational websites. Rep. Bart Stupak (D-MI) summarized: "Unfortunately, child predators are not the target of today's bill. This bill will not delete online predators. Rather, it will delete legitimate Web content from schools and libraries."Overly Broad Definition
As noted in the Definition section, many websites allow public user profiles and provide forums. Examples include Yahoo, Amazon.comAmazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...
, Slashdot
Slashdot
Slashdot is a technology-related news website owned by Geeknet, Inc. The site, which bills itself as "News for Nerds. Stuff that Matters", features user-submitted and ‑evaluated current affairs news stories about science- and technology-related topics. Each story has a comments section...
, RedState
RedState
RedState is a conservative American political weblog.The site is currently a subsidiary of Eagle Publishing, Inc., a conservative publishing house which also owns Regnery Publishing and the weekly magazine Human Events...
, CNET Networks, and thousands of others. This potentially qualifies them as social networking websites regardless of the content within the websites.
Educational Use
Most school libraries already have filters on incoming Internet access due to the Children’s Internet Protection ActChildren's Internet Protection Act
The Children's Internet Protection Act requires that K-12 schools and libraries in the United States use Internet filters and implement other measures to protect children from harmful online content as a condition for the receipt of certain federal funding...
(CIPA). Opponents of the bill point out that the language of the bill would extend such filtering to include websites based on specific technologies rather than specific content, including websites based on those technologies that are used for educational purposes. Some educators have incorporated blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
s and Wiki
Wiki
A wiki is a website that allows the creation and editing of any number of interlinked web pages via a web browser using a simplified markup language or a WYSIWYG text editor. Wikis are typically powered by wiki software and are often used collaboratively by multiple users. Examples include...
s into classroom lessons for students due to their usefulness as a critiquing and editing tool for students' work and as a forum for comments and suggestions by teachers and other students. These educators also favor such technologies because they enable discussion outside of the classroom that can involve students and teachers as well as parents.
Some examples of educational use of these technologies:
- Will RichardsonWill RichardsonWill Richardson is the author of the highly ranked and read edublog Weblogg-ed and author of the book, Blogs, Wikis, Podcasts, and other Powerful Web Tools for Classrooms. Richardson is also active on the web, he has both a twitter and Youtube channel....
, a teacher in New Jersey, set up a blog for student discussion of The Secret Life of BeesThe Secret Life of BeesThis is about the 2002 Sue Monk Kidd novel. For the 2008 film, see Secret Life of Bees The Secret Life of Bees is a 2002 historical novel by American author Sue Monk Kidd. It received much critical acclaim and was a New York Times bestseller...
and invited author Sue Monk KiddSue Monk KiddSue Monk Kidd is a writer from the Southern United States, best known for her novel, The Secret Life of Bees.- Biography :Kidd, who was born in Sylvester, Georgia, graduated from Texas Christian University with a B.S...
to join the chat. She was able to answer the students’ questions about the book and give more insight than the teacher alone would have been capable. A separate blog was set up to allow parents to discuss the book in parallel with the students.
- Some school administrators are using blogs to communicate news and information about events to parents and students. The homepage for the Meriweather Lewis Elementary School in Oregon is updated with notes from the PTAPTA-Organizations:* Andalusia Technology Park , a science park in Málaga, Spain* Parent-Teacher Association* Pakistan Telecommunication Authority* Passenger transport authority, a United Kingdom local government authority...
. The principal and teachers are using blogging software and RSSRSS (file format)RSS is a family of web feed formats used to publish frequently updated works—such as blog entries, news headlines, audio, and video—in a standardized format...
to allow parents and students to view up-to-date information from the school.
- The Pawtucket Public Library in Pawtucket, Rhode IslandPawtucket, Rhode IslandPawtucket is a city in Providence County, Rhode Island, United States. The population was 71,148 at the 2010 census. It is the fourth largest city in the state.-History:...
is one of a number of public libraries that have created their own MySpace profile webpage. These libraries are attempting to communicate with young adult patrons more effectively through the use of online methods to which young adults are becoming accustomed.
- The Bering Strait School DistrictBering Strait School DistrictBering Strait School District is a school district in northwestern Alaska, United States, serving approximately 1,700 students in grades K-12 in fifteen isolated villages...
relies heavily on a MediaWiki-driven curriculum content system. The district's Open Source student information system, DART, links its teachers and students directly to wiki content, as well as many RSS fed district resources, podcasts and vodcasts. Students have contributed many of the wiki's 4800 or so pages for academic credit during school hours. DART tells them what their key weaknesses are, and links to the resources they need to help master those curriculum standards.
The bill would allow minors strictly limited access to those sites. For schools, access would be allowed only with adult supervision and if the site is being used for an educational purpose. For libraries, access would be allowed only if parental authorization is given and the parents are informed that “sexual predators can use these websites and chat rooms to prey on children.”
The American Library Association
The American Library AssociationAmerican Library Association
The American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
is asking its members to oppose DOPA. Former ALA president Michael Gorman said, "We know that the best way to protect children is to teach them to guard their privacy and make wise choices. To this end, libraries across the country offer instruction on safe Internet use". On July 11, 2006, the Executive Director of the Young Adult Library Services Association
Young Adult Library Services Association
The Young Adult Library Services Association , established in 1957, is a division of the American Library Association. The mission of YALSA is to advocate, promote and strengthen service to young adults as part of the continuum of total library service, and to support those who provide service to...
(YALSA), Beth Yoke, testified before the Subcommittee on Telecommunications and the Internet under the Committee on Energy and Commerce
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years...
. She defined the ALA and YALSA combined stance on the issue by saying:
Youth librarians believe, and more importantly know from experience, that education about safe Internet practices—for both youth and parents—is the best way to protect young people. We believe that the overly broad technological controls that would be required under DOPA are often ineffective given the fast-moving nature of modern technology. Further, such technological controls often inadvertently obstruct access to beneficial sites. In essence, we believe that this legislation will lead to the blocking of essential and beneficial Interactive Web applications and will further widen the digital divide.
The ALA and other opponents of the bill also believe that this issue is one that should be determined by local authorities, such as local library trustees, community members, and school boards. Opponents argue that this federal action could degrade the authority of those responsible for safe use of the libraries, whereas up to 80% of the funding for the library or school is locally derived.
Following the House vote, the ALA issued a press release recommending libraries demonstrate the utility of the same technologies that would be barred by DOPA. One of the wiki-based resources run by YALSA includes safety instructions for parents and teachers concerning Internet safety, suggestions for concerned individuals to be politically active on the issue, and encouragement for parents and children to sign up for social networking websites.
Effectiveness in Protecting Minors
Rep. Diane Watson (D-CA) and Rep. John Dingell (D-MI) argued that the bill would fail to combat the threats to minors and that it would place a burden on schools and libraries to block millions of sites with largely innocent information. Rep. Jay Inslee (D-WA) suggested that the law should focus upon directly blocking and prosecuting predators as well as providing tools to educate children on how to avoid dangers—noting that most Internet access, especially to social networking sites, occurs in the home. Education and prevention programs regarding predators and social networking could help reduce the rate of sexual assaults overall—whether over the Internet from home or offline. The Youth Internet Safety SurveyYouth Internet Safety Survey
The Youth Internet Safety Survey was a series of two surveys conducted in the United States in 1999 and 2004. The National Center for Missing & Exploited Children provided funding to Dr. David Finkelhor, Director of the Crimes Against Children Research Center at the University of New Hampshire,...
from the University of New Hampshire, which was implicitly cited by Rep. Michael Fitzpatrick, found two cases of rape/sexual assault through Internet solicitation in its two surveys covering 3,001 children ages 10 to 17. According to the FBI's criminal victimization tables' national rate for sexual assault, one would expect seven rapes or sexual assaults among such a group every year.
Overall, the Youth Internet Safety Survey
Youth Internet Safety Survey
The Youth Internet Safety Survey was a series of two surveys conducted in the United States in 1999 and 2004. The National Center for Missing & Exploited Children provided funding to Dr. David Finkelhor, Director of the Crimes Against Children Research Center at the University of New Hampshire,...
suggested that fewer children are actually being sexually solicited online in 2005 than in 1999, hypothesizing that those who encountered solicitations knew better now to rebuff or ignore these solicitations. However, children ages 10 to 17 report more harassment and bullying online—largely from their peers, not the strangers from which Michael Fitzpatrick believes children should be protected.
See also
- Communications Act of 1934Communications Act of 1934The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
- Child Online Protection ActChild Online Protection ActThe Child Online Protection Act was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet...
- Children's Online Privacy Protection ActChildren's Online Privacy Protection ActThe Children's Online Privacy Protection Act of 1998 is a United States federal law, located at .The act, effective April 21, 2000, applies to the online collection of personal information by persons or entities under U.S. jurisdiction from children under 13 years of age...
External links
- DOPA in the 110th Congress - Senate
- DOPA in the 110th Congress - House
- DOPA Bill versions in Library of Congress THOMAS
- DOPA Bill information in GovTrack.us
- DOPA Passes House by Wide Margin; ALA Dismayed, Library Journal, 28 July 2006
- House Misfires on Internet Safety—CBS News editorial critical of the bill
- DOPA Watch- Digest of news and blogs about DOPA
- Three States and Feds Pursue Social Networking Controls, American Libraries Online, 02/16/2007