The Association of Research Libraries, the American Library Association, and the Association of College and Research Libraries have prepared The Google Books Settlement: Who Is Filing And What Are They Saying? (PDF) to summarize in a few pages of charts some key information about the hundreds of filings that have been submitted to the federal district court presiding over the Google Books litigation. There have been over 400 filings by class-members and amici, and the charts are meant to give the reader a general idea of who these filers are and what they are saying about the Settlement. In response to the filings, especially in reaction to the brief filed by the U.S. Department of Justice on September 18, 2009, there is a chance the proposed agreement will change substantially. The parties are now in renegotiation of the Settlement terms.
Many thanks to Brandon Butler, Legal and Policy Fellow for the Association of Research Libraries, for creating this document.
Friday afternoon, September 25th, H.R. 2918, the Legislative Branch Appropriations Act, 2010 passed the House. This bill provides funding for both the Library of Congress and the Government Printing Office. It is hoped that it will quickly pass the Senate. We will update you as soon as we learn more.
Legislative Branch conference total: $4.656 billion for operations of the legislative branch, an increase of $155 million, or 3.5 percent, over the amounts appropriated for legislative branch agency operations in 2009.
Government Printing Office: $147 million, $6 million above 2009 and $19 million below the request, including $7 million to continue the development of GPO’s electronic system to improve access to U.S. government information.
Library of Congress: $643 million, $36 million above 2009 and $15 million below the request, including $15 million to fund the first year of the Library’s five year information technology initiative.
Government Printing/Binding 93,768,000
Superintendent of Documents 40,911,000
Revolving Fund 12,782,000 GPO Total 147,461,000
Library of Congress 439,801,000
Copyright Office 20,864,000
Congressional Research Service 112,490,000
Books for Blind and Handicapped 70,182,000 LC Total 643,337,000
As the ALA Washington Office continues our ongoing strategy to inform Congress and the NTIA of the benefits of investing in broadband stimulus funding for libraries, we’re seeing very public evidence that our message is resonating.
On September 17, the Subcommittee on Communications, Technology, and the Internet held a hearing titled, “Oversight of the Federal Communications Commission.”
The hearing – the first since Julius Genachowski was named Chairman of the Federal Communications Commission (FCC) – examined the views of the FCC Commissioners on a wide array of issues, including the progress of the national broadband plan, challenges in creating a national public safety broadband network and wireless competition.
Rep. Boucher (D-VA) drew FCC Chairman Genachowski’s attention to the need for extraordinarily high bandwidth extending to libraries and communities across the United States. He continued by recognizing libraries as the intellectual and social hub of communities and public libraries, in particular, as the source for free Internet access. He explained that because of the types of content accessed and services provided by libraries by providing Internet access, they require large bandwidth. He went on to point out that when you have a very high capacity broadband line extending to the library, that line can then be a jumping off point for last-mile applications for local business and residents.
In response, Chairman Genachowski explained he understood the overriding goal of the national broadband strategy is the goal of broadband access for all Americans. Specifically, with respect to libraries, Mr. Genachowski pointed to the E-rate program as one Congress and the Commission’s great successes that connect schools and libraries. He continued by explaining that schools and libraries, as strategic institutions (as they have been referred FCC workshops), are being considered as part of in developing a national broadband strategy, and in particular continuing to work on and discuss how we are ensuring these institutions have access to a robust pipe.
Also on September 17, Reps. Eshoo (D-CA), Markey (D-MA) and Matsui (D-CA) sent a letter to Assistant Secretary Strickling at the NTIA noting the essential nature of anchor institutions to providing broadband access. The letter echoed comments recently made by Reps. Eshoo and Matsui during a September 10, 2009 House subcommittee hearing that emphasized the importance of libraries and other anchor institutions in advancing the goals of stimulating broadband adoption and using Broadband Technology Opportunities Program (BTOP) and Broadband Initiatives Program (BIP) funding strategically.
With the first-round Notice of Funds Availability (NOFA) deadline behind us and the second round to be announced in the coming months, this recent pro-library, anchor institutions support is encouraging. We will continue to work to ensure libraries are at the center of all discussions and initiatives on national broadband build-out.
Corey Williams
Associate Director, Office of Government Relations
The proposed Google Book Search settlement appeals to one of the most complex questions faced by an evolving library community: What is the future of access to books and digital information? The settlement touches on many issues central to libraries, such as information access, reader privacy, fair use, and freedom of inquiry. Through a class action settlement, the agreement combines complicated legal, economic, and policy questions that many feel should be carefully scrutinized through the lens of equitable public access to information. Libraries have been key players in digitization initiatives, years before the Google Book settlement. Do our strategies change in light of the settlement? How can we continue our mission to be stewards of the world’s cultural heritage? The D is for Digitizeconference brings together leading public interest, academic, legal and business minds to tackle these important and timely topics.
The American Library Association is sponsoring Friday’s lunch conversation titled “K is for Keynote.” The discussion will feature Pamela Samuelson from the University of California – Berkeley, and Paul Courant from the University of Michigan. The session will be moderated by James Grimmelmann from New York Law School.
When: October 8-10, 2009
Where: New York Law School, 185 West Broadway, New York, NY 10013
Issues surrounding the USA PATRIOT Act and related privacy and surveillance laws are of utmost importance to the library community. Since the swift passage of this bill, which was signed into law a little over a month after the Sept. 11, 2001, terrorist attacks, the ALA has focused primarily on Section 215 because of its potential to provide law enforcement with access to confidential library records and another investigative tool that has even less legal review, national security letters (NSLs).
The ALA has consistently sought reforms to the PATRIOT Act and other surveillance laws in order to protect library patrons and the general public from abuse of these investigative tools.
CONGRESS INTRODUCES NEW BILLS, HOLDS HEARINGS
Last week, Congress’ attention turned once again to this legislation to begin addressing key provisions of the PATRIOT Act that will expire – or “sunset” – if not reauthorized by December 31, 2009. The three sections scheduled to sunset are Section 301 (roving wiretaps), Section 6001 (“lone wolf” surveillance), and Section 215 (the business records provision, often referred to as the “library provision”).
On September 17, the “Judiciously Using Surveillance Tools in Counterterrorism Efforts” (JUSTICE) Act was introduced into the Senate. Another Senate bill, the USA PATRIOT Act Sunset Extension Act of 2009, was introduced a few days later on September 22. Both bills would restore a balance between our nation’s surveillance laws and our civil liberties; whereas, previously introduced bills have sought to merely reauthorize these three PATRIOT Act sections without reforms.
The ALA is encouraged by the introduction of these two strong bills, as well as the oversight hearings held in both the House and the Senate on September 22 and 23, respectively.
This post is the first in an irregular, but ongoing, series of blogs to highlight such activities and to point readers to ALA’s Web pages and other sources of information on these important issues. As Congress continues to draft key surveillance laws to reauthorize PATRIOT Act sections and as the public debate heats up, the ALA Washington Office will provide ongoing reports and updates on the status of legislation and information on how different provisions in proposed bills will affect libraries. We will also alert supporters and enlist their involvement with grassroots advocacy at critical times.
House Hearing: September 22, 2009 The House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Civil Liberties, chaired by Rep. Jerry Nadler (NY-D), held an oversight hearing on the USA PATRIOT Act. More information and the webcast are available here.
Senate Hearing: September 23, 2009 TheSenateJudiciary Committee held a full-committee hearing, “Reauthorizing the USA PATRIOT Act: Ensuring Liberty and Security.” More information and the webcast are available here.
Key Senate Bills as of September 24, 2009: S. 1686 (JUSTICE Act) S. 1692 (USA PATRIOT Act Sunset Extension Act of 2009)
Key House Bills as of September 24, 2009: H.R. 1800 (National Security Letters Reform Act of 2009) H.R. 1467 (Safe and Secure America Act of 2009)
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Updates on library-related legislation and direct contact with your legislative representatives. 