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Others—including many librarians, educators, and civil libertarians—argued that the cost was too high. To help inform this policy debate, the Free Expression Policy Project(FEPP) published Internet Filters: A Public Policy Report in the fall of 2001, summarizing the results of more than 70 empirical studies on the performance of filters. These studies ranged from anecdotal accounts of blocked sites to extensive research applying social science methods.
Nearly every study revealed substantial overblocking. That is, even taking into account that filter manufacturers use broad and vague blocking categories—for example, “violence,” “tasteless / gross,” or “lifestyle”—their products arbitrarily blocked many web pages that had no relation to the disapproved content categories.
Despite such irrational results, the filtering business continued to grow. Schools and offices installed filters on their computers, and public libraries came under pressure to do so. In December 2000, President Bill Clinton signed the “Children’s Internet Protection Act” (or “CIPA”), which despite its child-focused title, mandated filters on all computers—whether used by minors or adults—in schools and libraries that receive federal aid for online connections.
Although the Supreme Court upheld CIPA in 2003, the debate over Internet filters is far from over. For one thing, the Court only turned back a constitutional challenge to the law as written. It left open the possibility of lawsuits challenging CIPA “as applied” by particular schools or libraries.
For another thing, schools and libraries, at least in theory, have the option of offering unfiltered Internet access by refusing federal aid. They need information about how filters operate in order to make this decision.
Finally, parents, employers, universities, and others not covered by CIPA also need solid information in order to make wise choices about censorship and free expression online—and especially about the perils of filtering technology.
Because the issue remains important, FEPP published a fully revised and updated edition of Internet Filters in 2006. It was during our research for this revised report that we discovered Dr. Lynn Sutton’s study of the effects of filtering in one typical American school. Dr. Sutton’s report was particularly useful because it was qualitative, not quantitative.