Home LITA Membership LITA Committees Legislation & Regulation Committee LegReg NewsGram May 27 2004

1. Funding for Libraries and Literacy in President Bush’s 2005 Budget (2/2/04)

More information: www.ala.org/ala/washoff/washnews/news2004/05feb02.htm

2. National Commmission on Libraries and Information Science Appointees (2/13/04)

Washington, DC - President George W. Bush appointed twelve individuals to the National Commission on Libraries and Information Science (NCLIS) on January 28, 2004. As a commission, NCLIS helps to effect policy concerning libraries and the dissemination and use of information in theUS. NCLIS is a permanent, independent agency of the Federal government whose commissioners provide advice to the President, Congress, and other policy makers. By law, five Commissioners are librarians or information specialists, while nine members are drawn from the public and are knowledgeable about the needs of society for library and information services.

More information and list of appointees: www.ala.org/ala/washoff/washnews/news2004/08feb13.htm

3. Database Legislation (3/2/04)

H.R. 3261, the Database and Collections of Information Misappropriation Act
H.R. 3872, the Consumer Access to Information Act of 2004

Following on the heels of the House Judiciary Committee's favorable referral, the House Energy and Commerce Committee reported H.R. 3261 with "an unfavorable recommendation." Rep. Stearns (R-FL) and 18 co-sponsors then introduced a more narrow alternative version of database protection legislation, H.R. 3872. Although H.R. 3261 was the result of years of negotiation, it continued to be opposed by libraries because it would fundamentally allow database producers to lock up facts. The introduction of H.R. 3872 is considered a positive political step by libraries and other opponents of database legislation because it continues to emphasize the fundamental rift between the stakeholders and will likely make it more difficult for any bill to pass this year. Libraries continue to maintain that any database legislation is unnecessary but are grateful to those Representatives who, recognizing the deep flaws in H.R. 3261, proposed an alternative.

Summary of activity: www.ala.org/ala/washoff/washnews/news2004/13mar08.htm

4. Amica Curiae Briefs Filed in Cheney Energy Committee Suit (3/12/04)

The U. S. Supreme Court should "reject the government's claim that it may conduct the public's business in secret" according to a "friends of the court" (amici curiae) brief submitted today by four leading library associations, a national archival association, and five public interest organizations in support of the Sierra Club and Judicial Watch, Inc. in the case of Richard B. Cheney, Vice President of the United States, et. al., v. U.S. District Court for the District of Columbia. The amici are the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Center for American Progress, Common Cause, the National Security Archive, People for the American Way Foundation, the Society of American Archivists, and the Special Libraries Association.

A pdf version of the brief can be found at www.ala.org/ala/washoff/ogr/Cheneysuit.pdf

5. Register to Vote @ Your Library (3/29/04)

ALA teams up with Working Assets on Register to Vote @ your library. Through Register to Vote @ your library, ALA and Working Assets will co-sponsor a voter registration page where individuals can register to vote or update their registration information. Voters in all states except New Hampshire, North Dakota and Wyoming are eligible to complete registration via this Web site. “When it comes to defending our democracy, librarians have always been on the front lines,” said Working Assets President Michael Kieschnick. “We're proud to be their partner in this crucial campaign to register new voters in library branches nationwide.” For more information about Register to Vote @ your library, please contact Lainie Castle at 800-545-2433, extension 5050. Contact Your Vote Matters at 877-205-VOTE(8683) with technical or voter registration questions.

For more information about Working Assets, visit www.workingassets.com.

6. National Library Legislative Day 2004 (5/3/04 - 5/4/04)

NLLD 2004, held May 3-4 in Washington DC, was a rousing success, bringing over 500 librarians and friends of libraries from 49 states to Capitol Hill to advocate on behalf of libraries and library programs. See ALA's Washington Office Events page for detailed coverage.

7. Libraries testify at hearing on H.R. 107, Digital Media Consumer’s Rights Act (5/13/04)

ALA Legislative Counsel, Miriam Nisbet, testified on May 12, 2004, at the House Energy and Commerce Committee's Commerce, Trade and Consumer Protection Subcommittee hearing on H.R. 107, the Digital Media Consumers' Rights Act. Speaking on behalf of ALA, AALL, ARL, SLA, and MLA, Ms. Nisbet pointed out the ways that the current prohibitions resulting from passage of the 1998 Digital Millennium Copyright Act (DMCA) stifle a library's ability to make fair use of digital materials, to preserve and archive digital content and to take advantage fully of the other library exceptions provided by federal copyright law.

More information: www.ala.org/ala/washoff/washnews/news2004/32may13.htm
Library testimony: www.ala.org/ala/washoff/WOissues/copyrightb/HR107testimonywritten051204.pdf

8. "Accessibility Basics for Librarians" Online Tutorial (ongoing thru 6/2/04)

The Office for Information Technology Policy of the American Library Association will host an online e-mail tutorial on accessibility of library materials and services for people with disabilities. In addition to an overview of relevant law, the tutorial will help librarians understand how to deal with barriers to access to library materials, computers, websites and systems. It will also provide guidance to libraries on how to maximize accessibility for patrons with disabilities, and identify best practices for ensuring that library policies are compliant with existing law. The tutorial course is FREE to ALA members.

For more information, contact Kathy Mitchell at kmitchell@alawash.org with the subject line TUTORIAL or call ALA's Washington Office, (800) 941-8478.

9. Copyright-Related bills currently under consideration by the 108th congress

Five bills relating to copyright are under consideration by the 108th Congress: HR 4077, piracy deterrence and education act; S. 1932 Artists' Rights and Theft Prevention Act of 2003; S. 2237 Protecting Intellectual Rights Against Theft and Expropriation Act of 2004; S. 2242 Anticounterfeiting Act of 2004; and H.R. 3632 Anticounterfeiting Amendments of 2004.

Summary of the bills, their sponsors and proposed effects: www.ala.org/ala/washoff/WOissues/copyrightb/copyagenda.pdf
Additional information: www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm
ALA's April report on copyright issues/legislation: www.ala.org/ala/washoff/WOissues/copyrightb/legflash/2004a/apr04.pdf

10. Digital Millennium Copyright Act "Super DMCA" Legislation

Proposed legislation "to combat broadband and communications piracy" at the state level is being promoted by large entertainment companies represented by the MPAA (Motion Picture Association of America). Proponents claim that it will provide needed updates to computer crime statutes and increased penalties for offenders. Opponents claim it duplicates existing DMCA provisions, removes exceptions for legitimate activities, and is so sweeping in its language that it will inadvertently outlaw some security measures such as encryption and firewalls.

More information: www.ala.org/ala/washoff/WOissues/copyrightb/stateleg/slmain.htm#sdmca

11. Legislation Related to USA PATRIOT Act

ALA's web site offers an excellent summary of issues and pending legislation related to intellectual freedom and the USA PATRIOT Act as well as an excellent summary of issues and pending legislation related to privacy and the USA PATRIOT ACT. The ALA Washington Office reported on May 5, 2004 that the status of none of these has changed (none passed, none withdrawn).

A side by side comparison of Patriot act and various privacy bills is also available.

12. Access to Government Information/Restoration of FOIA (3/12/04)

On March 12, 2003, Senators Leahy, Levin, Jeffords, Lieberman and Byrd introduced S. 609, the "Restoration of Freedom of Information Act of 2003." The Restore FOIA bill would replace the broad FOIA exemption for "critical infrastructure information" included in the charter for the new Department of Homeland Security, enacted last November. It would protect Americans' "right to know" while simultaneously contributing to the security of the nation's critical infrastructure.

More information: www.ala.org/ala/washoff/WOissues/governmentinfo/improvingaccess.htm
Press release for bill: leahy.senate.gov/press/200303/031203.html.

13. Erate and Universal Service (03/04 and 05/04)

E-rate, an extension of Universal Service authorized by Congress in the Telecommunications Act of 1996, is a federal initiative which provides discounts to public libraries and to public and private K-12 schools on telecommunications services, Internet access and some closely related costs. The ALA has continued to monitor and comment on legislation relating to both E-rate and universal service, most recently before the Federal Communications Commission in March and in May.

Text of ALA comments: www.ala.org/ala/washoff/WOissues/techinttele/erate/record.htm

14. Federal Funding Update for FY2005

As Congress develops its budget for FY 2005, the House and Senate Labor, Health and Human Services and Education Appropriation Subcommittees are considering funding levels for federal library programs for the coming year. In both the House and the Senate, Members of Congress are circulating letters of support for the Library Services and Technology Act (LSTA) and the Improving Literacy Through School Libraries program to the House and Senate Appropriations Committees. The letters respectfully request that the House and Senate Labor, Health and Human Services and Education Appropriation Subcommittees include $232 million for LSTA and $100 million for the Improving Literary Through School Library program for FY 2005.

More information: www.ala.org/ala/washoff/WOissues/washfunding/funding.htm

15. Total Information Awareness (TIA) Program

Criticized by DoD Inspector General Citing lack of foresight and the possibility of governmental abuse of power, the Department of Defense's Inspector General has released a report criticizing the agency's failure to consider privacy concerns when developing the Total Information Awareness (TIA) system. Initiated in 2002, TIA (later called Terrorism Information Awareness) was designed to integrate information systems in order to search and analyze vast quantities of data for indications of terrorist activity. TIA was also intended for eventual use by domestic law enforcement. Congress and the public repeatedly expressed concern about TIA, particularly with respect to privacy. Funding for all but three of TIA's components was ultimately eliminated in September 2003.

The DOD Inspector General's Report is available at: www.dodig.osd.mil/audit/reports/FY04/04-033.pdf
For more information, see EPIC's Total Information Awareness page: www.epic.org/privacy/profiling/tia

16. Judge Sides With EPIC on FOIA Quick Review, But Rules for DOJ

A federal district court has ruled that EPIC properly filed suit against the Department of Justice (DOJ) without first asking the agency to reconsider its decision not to "expedite" review of a Freedom of Information Act (FOIA) request. However, the court declined to order DOJ to expedite the release documents about the efforts of federal prosecutors to oppose legislative revisions to the controversial USA PATRIOT Act. James Robertson agreed that EPIC could file suit when its request for expedited processing was denied, and did not first have to ask the agency to reconsider. However, he determined that there was no urgency to inform the public about the requested documents, nor enough media interest shown in the subject matter to warrant expedited processing.

The court's ruling is available at: www.epic.org/open_gov/foia/otter-decision.pdf
For background information, see EPIC's USA PATRIOT Act page: www.epic.org/privacy/terrorism/usapatriot

17. EPIC Supports IPv6 Deployment

On March 8, EPIC filed comments with the U.S. Department of Commerce, urging the deployment and use of strong privacy protecting technologies in IPv6. IPv6 is the protocol that is designed to replace the current network protocol in use on the Internet. IPv6 also promises to extend the Internet into more areas, through support for mobile devices. Because of this potential new reach of the Internet and vulnerabilities in the existing protocol, the IPv6 protocol includes privacy and security enhancing features such as encryption. EPIC recommended that all IPv6 vendors incorporate such privacy protections as standard. EPIC also said that the privacy and security features within IPv6 should not be compromised with vulnerabilities by the application of the Communications Assistance to Law Enforcement Act which would threaten both the security of network communications and the stability of the network architecture.

EPIC Comments on IPv6: www.epic.org/privacy/internet/IPv6_comments.pdf
NTIA Request for Comments on IPv6: www.ntia.doc.gov/ntiahome/frnotices/2004/IPv6RFCFinal.htm

18. EPIC Joins Coalition Urging Rejection Of EU IP Enforcement Directive

EPIC has joined an international coalition of civil liberties and consumer groups to oppose the European Union Intellectual Property Rights Enforcement Directive. The directive would create a new "Right of Information" that allows rights holders to obtain personal information on users of P2P file-sharing software, possibly without judicial review. The proposal would require Internet Service Providers, phone and cable companies, and other third party intermediaries to turn over personal information about their customers, even before there has been a finding of intellectual property infringement or an opportunity for the customer to be heard.

European Digital Rights (EDRi) Press Release on the Coalition: www.edri.org/cgi-bin/index?funktion=view&id=000100000134

19. Groups Ask California to Investigate Google's Gmail

EPIC, Privacy Rights Clearinghouse, and the World Privacy Forum called upon the California Attorney General to investigate Google's Gmail service for violation of wiretapping laws. Gmail is a free webmail service that includes a gigabyte of storage for each subscriber. In order to offset the cost of this amount of storage, Gmail displays contextual marketing to the subscriber that is based on the actual content of the e-mail communication. The groups alleged that this targeting, based on the content of the communication, violates California's Invasion of Privacy Act, which requires the consent of all parties to a communication before it can be intercepted. In April, thirty-one privacy and civil liberties groups called upon Google voluntarily to suspend Gmail.

More information: www.epic.org/alert/EPIC_Alert_11.09.html

20. Commission Holds Hearing on E-Voting Technology

On May 5 the U.S. Election Assistance Commission held its first public hearing on the use, security, and reliability of electronic voting systems. The Commission heard from witnesses representing technology, vendor, election administration, research/human interaction factors, and advocacy organizations who related their interests and concerns about the use of electronic voting technology.  California Secretary of State Kevin Shelley recently announced that the state has banned the use of any voting system that does not provide a paper ballot. Specifically, California has banned the use of touchscreen voting systems for use in state elections until security measures are in place to safeguard the November vote.

More information: www.epic.org/alert/EPIC_Alert_11.09.html

Diebold's Election Systems home page: http://www.diebold.com/dieboldes/