Congress Kicks Off Copyright Hearings

By Elizabeth

Following up on House Judiciary Committee Chairman Bob Goodlatte’s April announcement to undertake a comprehensive review of copyright law, the Courts, Intellectual Property and the Internet Subcommittee held its first hearing yesterday. Titled “A Case Study for Consensus Building: The Copyright Principles Project,” the hearing featured five witnesses who had participated in the three-year Copyright Principles Project (CPP):

• Jon Baumgarten, retired Proskauer Rose attorney, former General Counsel of the U.S. Copyright Office, and noted litigator on copyright matters, including music and movie issues
• Laura Gasaway, Professor, University of North Carolina Law School, co-chair of the Section 108 Study Group, and AALL past president
• Daniel Gervais, Director, Vanderbilt Law School Intellectual Property Program, with a focus on international issues
• Pam Samuelson, Professor, University of California at Berkeley Law School, and convener of the CPP
• Jule Sigall, Assistant General Counsel for Copyright, Microsoft and former Associate Register for Policy and International Affairs of the U.S. Copyright Office

The CPP concluded its work in 2010 with a 68-page report of recommendations for copyright reform. Though certainly not without disagreement, Chairman Bob Goodlatte (R-Va.) touted the CPP’s work as a starting place for the conversation on copyright. He also made clear that the committee is “not in a rush” to focus on specifics in copyright reform without first fully understanding the fundamentals of copyright.

In his opening statement, Rep. Goodlatte stated that he is particularly interested in the following questions:

• How do we measure the success of copyright and what metrics are used?
• How do we ensure that everyone’s voice is heard?
• How is copyright working for individual artists?
• How is copyright working for our nation’s economy?

You can find the written testimonies of the witnesses available online. AALL past president Lolly Gasaway used her time to make a compelling case for libraries, museums, and archives, focusing on three areas for reform: 1) Total revision of the Copyright Act to make it flexible and technology neutral; 2) Repeal Sec. 108 and rely on Sec. 107; and 3) Enact and update the Sec. 108 Study Group recommendations, particularly focused on orphan works and mass digitization.

During the course of questioning, Subcommittee Chairman Howard Coble (R-NC) asked all witnesses to identify their top priorities for copyright reform. Notably, all five witnesses named orphan works as a priority issue. Other priorities included Section 108, statutory damages, licensing structure, and reformalization. Surprisingly, at no point during the course of the hearing was the topic of shortening copyright terms discussed. In response to a question by Rep. Suzan Delbene (D-WA) on the changes in copyright since the 2010 report, the panel noted the role of the courts on fair use and public dissemination, particularly in the Second Circuit. Witness Jule Sigall, Assistant General Counsel for Copyright Microsoft Corporation, noted the decision in Kirtsaeng v. Wiley as an “unpredictable” change in the copyright discourse since the 2010 CPP report. Others noted the proliferation of mass digitization projects as a predictable but important change

Other interesting discussion focused on barriers in copyright for students and faculty. Gasaway noted that while law schools’ licenses with Thomson Reuters and Lexis enable access to law texts, multimedia resources are not always available to students, nor do smaller institutions or public libraries have licenses.

At various points, members of the committee expressed disappointment at the exclusion of “creators” from the CPP, though Subcommittee Chairman Howard Coble (R-NC) noted that the committee will receive testimony from creators in hearings in the months ahead.

The Chairman did not specify a timeline for future hearings but it seems it will be an exciting few months ahead. Stay tuned to this space and AALL’s Copyright Committee blog for updates.

White House Expands Open Data Access

By Elizabeth

In a new executive order and policy directive issued last week, the Obama Administration took steps to increase public access to government information by requiring federal agencies to make data publicly available in machine-readable formats, while appropriately safeguarding privacy, confidentiality, and security. The new policy gives agencies six months to create inventories of all the government-produced datasets they collect and maintain; a list of datasets that are publicly accessible; and an online system to collect feedback from the public as to how they would like to use the data. In turn, previously inaccessible federal data will be “more open and accessible to innovators and the public, to fuel entrepreneurship and economic growth while increasing government transparency and efficiency,” the White House said in its press release.  The new policy builds on the earlier White House Memorandum on Transparency and Open Government.

In the video below, U.S. Chief Technology Officer Todd Park and U.S. Chief Information Officer Steven VanRoekel explain the importance of the new open data policy in promoting transparency, innovation, and economic growth:

In addition to the release of the open data policy, the White House announced several “complementary actions” in its plan, including new services for developers with Project Open Data and updates to Data.gov. The Library of Congress’s digital preservation blog has a great roundup of the new policy’s guidance about active management of datasets and resources on dataset preservation.

Senate Confirms PCLOB Chair

By Elizabeth

The Senate has voted to confirm David Medine as Chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), one year after he was favorably reported by the Judiciary Committee and nine months after the Senate moved to confirm four other nominees to the Board. In a statement earlier today, Judiciary Committee Chairman Patrick Leahy (D-Vt.) lamented the delay in taking up Medine’s nomination, but noted that after a year of obstruction the PCLOB “will finally be able to begin to carry out its important work on behalf of the American people.”

Created in 2004 by the Intelligence Reform and Terrorism Prevention Act(P.L. 108-458) at the recommendation of  the 9/11 Commission, the PCLOB is charged with reviewing privacy and civil liberties issues impacted by the government‘s national security policies and programs. But hampered by politicking, the board made little progress in the first several years of its existence. AALL has repeatedly expressed concern that without nominated and confirmed members, the PCLOB could not perform its critical mission to ensure post-9/11 intelligence collection efforts  do not improperly infringe on Americans’ rights. Although the Senate had confirmed the other four members of board last summer, the chair is the board’s only full-time member and only member with the authority to hire a staff.

AALL applauds the confirmation of David Medine today as a considerable step forward. We have recently joined several civil liberties organizations to urge the PCLOB’s focus on a variety of issues related to national security policies and programs, including the Foreign Intelligence Surveillance Act (FISA), classification policy, cybersecurity, state secrets privilege, National Security Letters (NSLs), and the PATRIOT Act.  The Cyber Intelligence Sharing and Protection Act (CISPA), which recently passed the House, would assign additional oversight responsibilities to the Board regarding the government’s use of data collected from private companies. It is our hope that with the confirmation of Chairman Medine, the Board will finally be able to begin to make progress on its crucial mission.

Upcoming Advocacy Events

Did you miss our Local Advocate Lobby Day? Not to worry! The GRO will be hosting a number of upcoming events and training opportunities where you can hone your skills as an advocate:

Media Advocacy Training May 29

Registration is now open for the Government Relations Office’s next complimentary online advocacy training, “Best Practices in Media Advocacy: Using Letters to the Editor and Op-Eds to Make the Case for Law Libraries” on Wednesday, May 29 at 12:00pm EDT.      

In this 30 minute training, the GRO staff will guide you through the best practices for writing Letters to the Editor and Op-Eds that will help to move AALL’s policy agenda forward. Participants will learn to recognize the news media’s role in shaping debates on public policy, discover tactics for framing news stories, and build basics skills for writing and submitting influential opinion pieces. News media can act as a powerful tool of grassroots advocacy by bringing your message to a broad public audience. Your voice can help to change the way community members look at issues; create a reliable, consistent stream of publicity for your mission or goal; and motivate the public and policymakers to get involved!

Please register online by Tuesday, May 28—and spread the word.

Advocacy in Practice Legislative Advocacy Training July 13

Join the Government Relations Office and Government Relations Committee for the annual Legislative Advocacy Training on Saturday, July 13 from 8:30am to 12:00pm at the 2013 Annual Meeting and Conference in Seattle, WA. Focusing on the theme of “Advocacy in Practice,” participants will learn the best practices in advocacy, hear more about proposed federal and state legislation on topics such as copyright, privacy and UELMA, and help to develop specific goals and tactics for influencing successful outcomes. Available at no additional cost, this half-day training brings together advocates both new and experienced to network, learn new skills, and strategize.

This year you’ll need to sign up for the Saturday Legislative Advocacy Training by June 17 when you register for the conference. Email Elizabeth Holland at eholland@aall.org with any questions.

Chapter Government Relations Get-Together July 14

Chapter leaders and government relations chairs are invited to attend the Government Relations Get-Together on Sunday, July 14 at 5:00pm. This informal event will take place at the Fountain Wine Bar in the Sheraton Seattle Hotel, the AALL Headquarters for this year’s Annual Meeting and Conference.

Chapter advocates are invited to network with their fellow chapter contacts, strategize on upcoming advocacy campaigns, and celebrate the chapter successes of the past year, including the enactment of the Uniform Electronic Legal Material Act (UELMA) in five states to date! AALL Government Relations Office staff Emily Feltren and Elizabeth Holland will be on hand to answer questions, facilitate connections, and share more information on future opportunities for chapter involvement. You won’t want to miss it!

Please RSVP to Elizabeth Holland at eholland@aall.org by Monday, July 8.

May Washington E-Bulletin

The May issue of the Washington E-Bulletin is now available on AALLNET.

IN THIS ISSUE

Vol. 2013, Issue 05

A LOOK AHEAD

• Priority Issues in the 113th 

ACT NOW

• Media Advocacy Training May 29
• Support Public Access to Federally Funded Research
• Keep Logging Print Use!

AALL IN THE STATES

• Local Advocates Bring AALL’s Message to Congress
• UELMA Update
• ORALL and Allies Support UELMA in Ohio

ROUNDUP AND REVIEW

• Congratulations to the 2013 Oakley and PAGI advocacy award winners
• DALI Committee’s new website for state online legal information?
• Are digitization and budget cuts compromising history?
• Sign up for our Legislative Advocacy Training in Seattle
• Today is Law Day! 

Senate Judiciary Reports ECPA

By Elizabeth

Earlier today, the Senate Judiciary Committee passed the Electronic Communications Privacy Act Amendments Act of 2013 (ECPA), which updates one of the nation’s most important digital privacy laws to protect the privacy of emails, texts, and other electronic communications.  Coauthored by Chairman Patrick Leahy (D-Vt.) and Sen. Mike Lee (R-Utah), the ECPA amendments act would establish a search warrant requirement for the government to obtain the content of Americans’ emails when those communications are stored with a third-party service provider. The bill eliminates the outdated “180-day” rule that calls for different legal standards for the government to obtain email content depending upon the age of an email. The bill would also require the government to notify any individual whose electronic communications have been disclosed within 10 days of obtaining a search warrant.

The Judiciary Committee adopted two amendments to the bill in today’s markup. The first was a technical amendment offered by Chairman Leahy to clarify the rule of construction, and the second an amendment requiring the Comptroller General to conduct a review of the use of the law, offered by Ranking Member Sen. Chuck Grassley (R-Iowa.

At the same time as the Senate Judiciary markup, the House Judiciary Committee held its own hearing on ECPA, focusing on geolocation privacy and surveillance.  ECPA enjoys bipartisan support in both chambers.

AALL applauds this crucial step forward in ECPA reform and as a member of the Digital Due Process coalition, we will continue to advocate for stronger privacy protections for communications in response to changes in technology, while preserving the legal tools necessary for government agencies to enforce the laws, respond to emergency circumstances and protect the public. For more information on AALL’s position on ECPA, see our recent Advocacy One-Pager.

Congratulations to the 2013 Oakley and PAGI Advocacy Award Winners

By Elizabeth

We are pleased to announce the 2013 recipients of AALL’s prestigious Robert L. Oakley Advocacy Award (Oakley) and Public Access to Government Information Award (PAGI). Timothy L. Coggins, Associate Dean for Library and Information Services & Professor of Law at the University of Richmond School of Law Library will receive the Oakley Award, and the late Aaron Swartz, internet freedom activist, will receive the PAGI Award at this year’s Annual Meeting in Seattle, WA. The winners were chosen by the Government Relations Committee in consultation with the Awards Committee.

Tim has played a significant role in AALL’s government relations program since its inception and has been an outstanding advocate for the AALL policy agenda through a number of leadership roles. Tim served as chair of the Government Relations Committee (1991-92 and 2005-2006); chair of a special Task Force on Government Relations Activities (1993-94); co-chair of the AALL Working Group on information Technology and Implementation (1996-1998); chair of the Access to Electronic Information Committee (2006-07); chair of the Electronic Legal Information Access & Citation Committee (2010-11); member of the Washington Affairs Office Review Special Committee (2008-09); and is currently a member of the Government Policy Advisory Group (2011-2013). Tim’s service helped to establish a major role for AALL and its members as information experts on government use of technology for authentic and accessible public information.

Aaron, an internet freedom activist, is credited with revolutionizing the way that hundreds of millions of people around the world receive information and interact with their own governments.  As a talented programmer and open access advocate, Aaron was most known for his efforts to open access to information locked behind paywalls, including the 2008 download and release of 20 million pages from PACER for free public access. In 2011, he was arrested and indicted with wire fraud, computer fraud, unlawfully obtaining information from a protected computer and recklessly damaging a protected computer after downloaded a large number of academic journal articles from JSTOR through MIT’s computer network. At the time of his death in 2013, Aaron’s prosecution for the crime was pending. Aaron left behind a strong legacy of advocacy for greater public access to government information.

We are pleased to celebrate the accomplishments of this year’s remarkable award winners. We hope you’ll join us at the Public Policy Update (B4) at the 2013 Annual Meeting on Sunday, July 14, where both awards will be presented.