K-12 access to internet: Securing the legal framework

Abstract

While many people in government, education, and industry have lauded the potential educational value of Internet access for students in grades K-12, there is as yet no legal or regulatory framework within which this new medium is being offered to students. The Communications Policy Forum, a nonpartisan project of the Electronic Frontier Foundation, recently convened a roundtable to discuss some of the legal issues that arise when K-12 schools provide Internet access to their students. Approximately 15 people, representing carriers who provide connections to the Internet, schools or school systems who are connected to the Internet, and legal experts with expertise in this and related areas, met to discuss questions of legal liability as this new medium enters an educational setting for minors. The following attempts to capture the major issues, suggestions, and directions for further collaborative efforts raised during the course of that discussion. In brief, the group identified statutory language aimed at other types of electronic communication that may offer some guidance; was briefed on a host of state laws that could be used to prosecute providers of certain materials found on the Internet; and concluded that there is no case law that clearly applies to this setting. The discussion revealed an interest in anticipating issues and developing responses before problems arose, and the need for shared approaches to allow carriers to move forward in serving and expanding this field. Members of the group offered to pursue these issues jointly and agreed upon a handful of concrete steps for further exploration and discussion.