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FREEDOM TO READ a criminal prosecution and involves Security Agency’s practice of using FOUNDATION REPORT the defendant’s request for a new trial “upstream surveillance” to intercept TO COUNCIL: 2016 based on the government’s failure to international communications as they MIDWINTER MEETING, disclose that evidence used against travel across the internet’s backbone BOSTON the defendant was gathered through and was filed by the ACLU on be- As President of the Freedom to Read the National Security Agency’s bulk half of a number of legal, educational, Foundation, it is my privilege to re- phone metadata surveillance program and human rights organizations. The port on the Foundation’s activities without a warrant. The amicus brief government argues that these organi- since the 2015 Annual Conference: signed by FTRF challenges existing zations have no standing to challenge Supreme Court precedent holding the NSA’s surveillance; the amicus Litigation that individuals “voluntarily” pro- brief points out that individual users PRIVACY AND SURVEILLANCE vide such data to third parties like are likely to avoid challenging the law One of the ongoing priorities for the phone companies, thereby ending the for fear that the content of their com- Freedom to Read Foundation is the user’s Fourth Amendment expecta- munications would be revealed. Con- preservation of reader privacy and the tion of privacy. The brief asserts that, sequently, libraries, booksellers, and right of the library user to read and given the realities of the digital age similar organizations can assert their inquire free from any surveillance or that require individuals to entrust users’ privacy rights on the grounds unwanted interference by the gov- their metadata and content to third that such warrantless surveillance ernment. In particular, FTRF wants party communications companies, chills communications between users to ensure that library users are not this doctrine should be set aside and and the libraries, booksellers, and or- chilled in their right to receive infor- the government required to obtain a ganizations that serve and represent mation because they fear the gov- warrant whenever it seeks to access them. ernment’s warrantless surveillance of metadata that reveals information The amicus brief was written by their communications will reveal the about a user’s associations and expres- the Electronic Frontier Foundation. subject matter of their inquiries. sive activities. Joining FTRF on the brief are the Past history has taught us that indi- The amicus brief was prepared by American Booksellers Association, viduals will avoid accessing controver- the Brennan Center for Justice at the American Library Association, sial, unorthodox, or sensitive materi- New York University’s School of Law. the Association of Research Librar- al they have a constitutional right to Joining FTRF on the amicus brief are ies and The International Federation read if they believe the government is the American Library Association, of Library Associations. On October monitoring their reading habits. the Electronic Privacy Information 23, 2015, the district court dismissed To address this priority, FTRF Center, the National Association of the lawsuit on the grounds that the recently joined two different amicus Criminal Defense Lawyers, the Ninth plaintiffs failed to provide factual evi- curiae briefs to challenge the govern- Circuit Federal and Community De- dence of how NSA actually was using ment’s bulk collection of phone meta- fenders and the Reporters Committee its program to search and seize com- data without a warrant and to support for Freedom of the Press. The case is munications; it held that the plaintiffs the right of libraries to challenge war- currently pending before the Ninth lacked standing because the plaintiffs’ rantless surveillance on behalf of their Circuit Court of Appeals. alleged injury was speculative. The patrons. The second amicus curiae brief plaintiffs are currently considering an The amicus brief filed inUnited joined by FTRF asserts the impor- appeal to the Fourth Circuit Court of States v. Moalin argues that the gov- tance of privacy to the unfettered Appeals. ernment should not be permitted to exercise of First Amendment rights engage in warrantless searches and and argues that libraries, booksell- CENSORSHIP seizures of phone metadata because ers, and similar organizations can On July 7, 2015, the Ninth Cir- that metadata reveals information assert the rights of their users related cuit Court of Appeals issued the about an individual’s expressive and to their privacy concerns associated long-awaited decision in Maya Arce, associational activities that should with the government surveillance of et al. v. Diane Douglas, et al (formerly be protected by both the First and users’ reading records. The underly- Arce v. Huppenthal). The lawsuit, filed Fourth Amendments of the Consti- ing lawsuit, Wikimedia v. National Se- by teachers and students in the Tuc- tution. The underlying case arose as curity Agency, challenges the National son Unified School District (TUSD)
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against the Arizona Superintendent of to assist the plaintiffs as they pursue Developing Issues Public Instruction and other state offi- their claims before the district court. Members of the Foundation’s Devel- cials, challenged the constitutionality I am extremely pleased to report oping Issues committee reported on a of an Arizona statute prohibiting the that the federal district court in Ari- number of issues involving threats to use of class materials or books that en- zona has entered a final decree in fa- free expression or civil liberties. Mar- courage the overthrow of the govern- vor of FTRF and its fellow plaintiffs tin Garnar led a discussion on diver- ment, “promote resentment toward a in Antigone Books LLC, et al., v. Tom sity and free speech issues on cam- race or class of people,” are “designed Horne, our legal challenge to the Ar- pus and Doug Archer explored the primarily for pupils of a particular izona statute that makes it a crime to potential for challenges to religious ethnic group,” or “advocate ethnic publish, sell, loan, or disclose images materials in libraries arising from solidarity instead of the treatment that include nudity without the de- anti-Islam and anti-Muslim sentiment of pupils as individuals.” The plain- picted person’s consent for each distri- and from the mistaken belief that the tiffs filed the lawsuit after TUSD was bution. Although the statute had the separation of church and state bars forced to cease its Mexican-American laudable goal of preventing “revenge any discussion of religion in publicly Studies program and remove books porn,” the law, as written, threatened funded agencies. Ray James reviewed from its classrooms. After the district to make the dissemination of a large access and service to diverse popula- court upheld the constitutionality of number of historic, artistic, educa- tions, while Baxter Andrews provid- the statute, the plaintiffs appealed, tional, and other newsworthy images ed information and web resources asking the Ninth Circuit Court a crime punishable by fines and im- addressing privacy and national se- of Appeals to overturn the district prisonment, placing librarians at risk curity. Em Claire Knowles conclud- court’s decision. of prosecution for distributing images ed the report by leading a discussion At the request of the plaintiffs’ legal such as the iconic photo of “Napalm about the European Union’s “right to counsel, FTRF’s legal counsel au- Girl” fleeing from an attack on her be forgotten” concept and its poten- thored an amicus curiae brief in support village during the Vietnam war. The tial impact on access to information. of the plaintiffs’ First Amendment final decree resolves all claims in the claims. The American Library Asso- lawsuit and permanently enjoins Ar- The Judith F. Krug ciation, REFORMA, the Black Cau- izona’s state prosecutors from enforc- Memorial Fund cus of the ALA and the Asian/Pacific ing the law. The Judith F. Krug Memorial Fund, American Librarians Association all which was created by donations made joined FTRF on the brief. Global Strong Encryption by Judith’s family, friends, colleagues, The Ninth Circuit issued a mixed The Freedom to Read Foundation and admirers, supports projects and opinion in the case, handing the trustees have voted to sign on to a programs that assure that her pas- plaintiffs both a defeat and a victory. coalition letter endorsing strong en- sion to educate both librarians and It held that the district court’s deter- cryption for networks, digital com- the public about the First Amend- mination concerning the constitu- munications, and data and urging ment and the importance of defend- tionality of the statute was correct, governments to refrain from any ac- ing the right to read and speak freely. finding that, with the exception of tion that would compromise the se- In 2015, the fund continued to the provision banning courses de- curity of encrypted networks, com- support two major initiatives: a grants signed for students of a particular eth- munications, and data. The letter, program that underwrites Banned ic group, the statute, as written, was circulated by the digital rights and Books Week activities in libraries, neither overbroad or vague in viola- free expression organization Access schools, and community institutions tion of the Constitution. However, it Now, has been endorsed by many across the country and an education reversed the district court’s grant of other organizations, including the initiative intended to augment and summary judgment for defendants on American Library Association, the improve intellectual freedom educa- plaintiffs’ equal protection claim and Center for Democracy and Technol- tion in LIS programs. remanded that claim and the plaintiffs’ ogy, the Electronic Frontier Founda- For this year’s Banned Books First Amendment viewpoint discrim- tion, and PEN International. We are Week, the Krug Fund made grants ination claim to the district court for pleased to join the campaign to secure to the Chapel Hill Public Library in further proceedings. FTRF continues the internet and preserve the right North Carolina, the Kurt Vonnegut to monitor the lawsuit and is prepared of free expression in the digital age. Memorial Library in Indianapolis,
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Indiana, the Virginia Beach Public State University. He has a master’s Freedom to Read Foundation Library in Virginia, SA Youth (an degree in library and information sci- 50 E. Huron Street organization that works with at- ence from the University of Illinois, Chicago, IL 60611 risk youth) in San Antonio, Texas, Champaign-Urbana and a bachelor’s and Remembering for the Future degree in philosophy and English Alternatively, you can join or re- Community Holocaust Initiative from Illinois State University. new your membership by calling in Neptune Beach, Florida. Their While Jamie may be new to (800) 545-2433, ext. 4226, or online initiatives included a new series of FTRF’s and ALA’s staff roster, he has at www.ftrf.org. Banned Book Week trading cards, a long history of professional engage- development of a curriculum ad- ment and involvement with ALA and Respectfully submitted, dressing banned books in schools, other professional organizations. He Julius C Jefferson, Jr. interactive displays, and a “lock- in” has served as president of the Colora- President, Freedom to Read Foundation with banned books. Grant recipients’ do Council for Library Development photos, videos, and written reports of and the Colorado Library Associa- their events will be available online tion and has most recently been active ALA INTELLECTUAL at www.ftrf.org/?Krug_BBW. on ALA’s Digital Content Working FREEDOM COMMITTEE This past fall, Professor Emily Group. He is a member of the Li- REPORT TO COUNCIL: Knox once again taught “Intellectu- brary Leadership and Management 2016 ALA MIDWINTER al Freedom and Censorship,” under Association (LLAMA) and Public MEETING, BOSTON the auspices the University of Illi- Library Association (PLA), and the The ALA Intellectual Freedom Com- nois Graduate School of Library and ALA Intellectual Freedom Round Ta- mittee (IFC) is pleased to present this Information Science (GSLIS) and the ble. He was named Colorado Librar- update of its activities: Krug Memorial Fund. The online, ian of the Year in 1998 and received graduate-level class was well-received the Julia J. Boucher Award for Intel- Information by students and we look forward to lectual Freedom from the Colorado A NEW JOURNAL ON INTELLECTUAL continuing our educational partner- Library Association in 2007. In 2004, FREEDOM: IN LIBRIS LIBERTAS ship with GSLIS. We thank Professor he was awarded the National Coun- Since 1952, the Newsletter on Intellectu- Knox and FTRF education consul- cil of Teachers of English/Support for al Freedom has been the go-to place for tant Joyce Hagen-McIntosh for their the Learning and Teaching of English librarians, attorneys, and the general thoughtful and dedicated work to- Intellectual Freedom Award. Among public to find the latest reliable news wards fulfilling FTRF’s goal of as- his publications is The New Inquisition: on court cases, censorship incidents, suring the availability of intellectual Understanding and Managing Intellectual and other First Amendment news in freedom curricula and training for LIS Freedom Challenges (2007). the United States. In spring 2016, students and professionals. NIF will relaunch as In Libris Liber- FTRF Membership tas: A Journal of Intellectual Freedom and Executive Director Your membership in the Freedom to Privacy.1 In Libris Libertas will provide James LaRue Read Foundation is needed to sustain the same NIF news coverage, but in At this meeting we welcomed our and grow FTRF’s unique role as the an expanded digital format. Included new Executive Director, James defender of First Amendment rights will be peer-reviewed articles, book LaRue. The CEO of LaRue and in the library and in the wider world. reviews, opinion pieces, and other Associates, Jamie has had an active I invite you to join me in supporting features. We want In Libris Libertas to career in writing, speaking and con- FTRF as a personal member, and ask be at the center of discourse on intel- sulting prior to joining FTRF. He that you please consider inviting your lectual freedom and privacy issues in served as the director of the Doug- organization or your institution to libraries. las County Libraries in Colorado for join FTRF as an organizational mem- To that end, we invite all to partic- many years and previously worked as ber. Please send a check ($35.00+ for ipate and provide ideas, reviews, and the Library Services Director at the personal members, $100.00+ for orga- Greeley, Colorado, Public Library. nizations, and $10.00+ for students) He has also held positions at the Lin- to: 1. Now renamed Journal of Intellectual Free- coln Library in Illinois and Illinois dom and Privacy.
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articles. Please contact Deborah Cald- Death and the Maiden by Ariel their children. They shared valuable well-Stone of the ALA Office for In- Dorfman and Cal by Bernard insights to guide a library’s response tellectual Freedom ([email protected]) MacLaverty from defensive to embracing, empa- if you are interested. Rumson-Fair Haven Regional High thetic, and educational. School, New Jersey CHALLENGES TO LIBRARY Reason: Not age appropriate CRAFTING MEETING ROOM POLICIES MATERIALS UPDATE Complainant: Parent who started a THAT KEEP YOU IN CHARGE AND Since ALA Annual Conference in petition against two works being used OUT OF COURT 2015, OIF has worked on many chal- in the English curriculum On November 4, OIF Deputy Di- lenges to library materials. The fol- Action: Support of the school admin- rector Deborah Caldwell-Stone lowing are a sample of some of the istration. OIF provided a letter from and Freedom to Read Foundation public cases: Barbara Jones to the school board, de- (FTRF) General Counsel Theresa fending the works and the professional Chmara led a well-attended webi- This Book is Gay by James Dawson judgment of teachers. nar addressing concerns raised by Wasilla Public Library, Alaska Resolution: Retained recent lawsuits filed against libraries Reason: Homosexuality whose meeting room policies ex- Complainant: Parent Bleach (series) by Tite Kubo cluded meetings with religious ac- Action: Collaboration with Alaska Highland School District, Arkansas tivities. The webinar discussed the Library Association’s Intellectual Free- Reason: Graphic images First Amendment principles and legal dom Committee to provide support Complainant: Superintendent re- precedents that underlie these law- to director and city administration. moved the series without following suits, and provided practical guidance Resolution: Retained. Also, the policy on crafting policies that allow the young adult non-fiction collec- Action: OIF provided resources to library to effectively manage its facil- tion will be interfiled with the defend graphic novels and indepen- ities while avoiding legal liability and adult non-fiction collection moving dent reading. Assistance in creat- preserving patrons’ access and First forward. ing talking points for the librarian Amendment rights. to speak at the school board meeting Just One Day by Gayle Forman in defense of intellectual freedom. A PICTURE BOOKS AND CHALLENGES: School District 196 in Rosemount, letter was written by OIF but the su- DEALING WITH CONTROVERSIAL Minnesota perintendent denied circulation to the TOPICS IN CHILDREN’S Reason: Parents want copies of the school board members. COLLECTIONS book removed from all the middle Resolution: Reinstated On November 18, in the first of school and high school libraries in the (hopefully) many, OIF collaborated district, citing adult themes such as a Online Learning with the Intellectual Freedom Round graphic sexual encounter, underage OIF coordinated webinars dealing Table and the Gay Lesbian Bisexual drinking, and date rape as reasons for with challenges to library materials Transgender Round Table to pro- the removal. Also, inappropriate lan- and issues with meeting room pol- vide a free webinar that discussed the guage and “no life lessons.” icies. To view archived webinars, classification of picture books and the Complainant: Parents of sixth-grade please visit http://www.ala.org/ challenges that arise with controver- student onlinelearning/unit/oif. sial titles. The round tables’ sponsor- Action: Support of the librarians and ship increased enrollment and gave a school administration. OIF provid- ANGRY AND SCARED: EMBRACING great membership perk for the round ed a letter from Barbara Jones to the THE CONCERNED PARENT tables. Presenters: Carolyn Caywood, reconsideration committee, defending In August, ALA’s Office for Intel- member of IFRT and GLBTRT, and the novel and the right to independent lectual Freedom hosted acclaimed Peter Coyl, chair of GLBTRT. reading for students. writers, educators, and librarians, Pat Resolution: Retained. Committee Scales and Jamie LaRue who talk- Privacy Subcommittee voted 7–4 to retain the book. ed about library interactions with The IFC Privacy Subcommittee, parents who are concerned about li- chaired by Michael Robinson, met brary materials and trying to protect jointly with the LITA Patron Privacy
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Interest Group to discuss ongoing people participated in the Read-Out Week can be found at www.ala.org/ concerns and issues involving library booth. The videos are available via bbooks and www.bannedbooksweek user privacy. the Banned Books Week channel .org. At the meeting, the subcommit- on YouTube at www.youtube.com/ tee finalized plans for Choose Priva- bannedbooksweek. CHOOSE PRIVACY WEEK cy Week 2016 (see below) and began In addition to the Banned Books Choose Privacy Week, observed an- work on a set of patron privacy guide- Virtual Read-Out, OIF presented two nually each May 1–7, is ALA’s national lines intended to provide guidance webinars: public awareness campaign that seeks to library and information technolo- to deepen public awareness about per- gy professionals on best practices and Before the Mud Flies: Conversa- sonal privacy rights and the need to policies for protecting user privacy, tions for Banned Books Week insure those rights in an era of per- in the same fashion as the recent- In September, Millie Davis from the vasive surveillance. Choose Privacy ly published Library Privacy Guidelines National Council of Teachers of En- Week is an opportunity for librarians for E-book Lending and Digital Content glish and Kristin Pekoll shared prac- to acquire the knowledge they need Vendors. The proposed guidelines will tical ways to prepare colleagues for to insure patron privacy rights and for address Public Access Computers and Banned Books Week. The speakers libraries to offer programming, online Devices, WiFi and Networks, Inte- focused on talking points and ideas education and special events in order grated Library Systems, Websites and to encourage chats with those in to give individuals opportunities to Discovery Layers, SIP, APIs, and Web the workplace not familiar with the learn, think critically, and make more Services, and Student Privacy. The First Amendment, the Library Bill of informed choices about their privacy. subcommittee will seek input and Rights and the rights librarians de- This year, Choose Privacy Week advice from members and member fend. The webinar embraces the idea will promote respect for minors’ and groups as they work on these docu- that Banned Books Week doesn’t have students’ privacy rights. The theme ments. The subcommittee hopes to to be controversial or negative if we will be “Respect me and respect my complete the guidelines for review at plant the seed of excitement and being privacy.” In the works are a March the ALA Annual Conference in Or- proactive in our defense of the free- 16 webinar on program planning and lando, Florida. dom to read. messaging for libraries and librari- The subcommittee also discussed ans planning Choose Privacy Week ALA-OIF’s sponsorship of Let’s En- Advocating for Intellectual Free- activities, as well as a series of online crypt, a service provided by the Inter- dom: Beyond “Banned Books posts discussing various privacy topics, net Security Research Group (ISRG) Week” with an emphasis on minors’ priva- operated for the public’s benefit. It In October, Susan Brown from Chap- cy rights. Among the invited bloggers will allow anyone who owns a do- el Hill and Marci Merola, ALA’s di- are Dorothea Salo, Michael Zimmer, main name—including libraries— rector of Library Advocacy, provid- Galen Charlton, and Neil Richards, to obtain a server certificate at zero ed excellent tips about raising public addressing such topics as protecting cost, making it possible to encrypt awareness beyond Banned Books privacy in multitype consortial library data communications with the server Week displays and events. It’s import- systems, student data privacy legisla- and provide greater security for li- ant to have a strong foundation of in- tion, privacy curricula, privacy from a brary users and others accessing the tellectual freedom awareness, not just vendor’s perspective, and privacy as a library’s website and online services. with librarians but also with support form of respect. The subcommittee is planning guide- staff, boards, stakeholders, and most of lines, webinars, and other documents all with your community or readers. Action Items to guide libraries seeking to encrypt Banned Books Week 2016 will The Intellectual Freedom Committee their websites. take place September 25–October 1. moves the adoption of the following Banned Books Week merchandise, in- action items: Projects cluding posters, bookmarks, t-shirts, BANNED BOOKS WEEK and tote bags, are sold and market- • CD # 19.1, Resolution for Restor- OIF has partnered with SAGE again ed through the ALA Store and will ing Civil Liberties and Opposing in 2015 and hosted a Banned Books be available online in the late Spring. Mass Surveillance Virtual Read-Out booth. Over 200 More information on Banned Books
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• CD # 19.2, User Generated Con- members of the Working Group: Kent Principles of Intellectual Freedom in tent in Library Online Systems Oliver (COL), Doug Archer (IFC), Al the Aftermath of Terrorist Attacks” Kagan and Laura Koltutsky (SRRT), (2002-2003 CD#19.1), “Resolu- SURVEILLANCE RESOLUTION Aaron Dobbs and Jim Neal (Coun- tion on the USA PATRIOT Act and Representatives from IFC, COL, cil) for their participation, and we Libraries” (2004-2005 CD#20.6), SRRT, and Council formed a Work- thank COL Chair Ann Ewbank, for “Resolution on the Use and Abuse ing Group to review the Nation- co-managing the process. of National Security Letters” (2006- al Surveillance Resolution discussed In closing, the Intellectual Freedom 2007 CD#19.3), and “Resolution on during last year’s annual conference Committee thanks the division and the Need for Reforms for the In- and to revise it consistent with the chapter intellectual freedom commit- telligence Community to Support Council debate at that meeting. Over tees, the Intellectual Freedom Round Privacy, Open Government, Gov- the course of three conference calls Table, the unit liaisons, and the OIF ernment Transparency, and Account- in August, September, and October, staff for their commitment, assistance, ability” (2012-2013 ALA CD#19.2 the group discussed its charge and re- and hard work. and CD#20.40), and other surveil- viewed the resolution. Doug Archer, lance-related resolutions; Aaron Dobbs, and Laura Koltutsky Respectfully Submitted, Whereas the ALA “values access to formed a drafting party and created ALA Intellectual Freedom the documents disclosing the extent a first draft revision of the resolution. Committee: of public surveillance and government The Working Group reviewed the Pam Klipsch (Chair) secrecy as access to these documents first draft, made additional changes, Doug Archer now enables the critical public dis- and finalized the work on the docu- Danita Barber-Owusu course and debate needed to address ment during the third call in October. Teresa Doherty the balance between our civil liber- At that time, the proposed draft doc- Tiffany Arielle ties and national security” (2012-2013 ument was taken back to COL, IFC, Clem Guthro ALA CD#19.2 and CD#20.40); and SRRT for further review. All Charles Kratz Whereas the ALA reaffirms that three groups reported that they could Jean McFarren “these disclosures enable libraries to support the document in principle. Dale McNeill support public discourse and debate by The proposed draft of the revised res- Michael Wright providing information and resourc- olution was then posted to the Work- Hannah Buckland (intern) es and for deliberative dialogue and ing Group’s ALA Connect page at Johanna Orellana (intern) community engagement” (2012-2013 http://connect.ala.org/node/246874 ALA CD#19.2 and CD#20.40); and also was sent to the Council list- The resolution below was adopted by Whereas the nation’s intelligence serv in mid-November for further the ALA Council on Tuesday, January and law enforcement agencies con- comment and discussion. Comments 12, 2016. duct surveillance activities pursuant received were very positive and no to multiple legal authorities, including substantive changes were suggested. RESOLUTION FOR Executive Order 12333, the Foreign COL and IFC, with SRRT partici- RESTORING CIVIL Intelligence Surveillance Act (FISA) pation, discussed the final draft of the LIBERTIES AND as amended, the USA PATRIOT Act, resolution at this Midwinter Meeting OPPOSING MASS and the USA FREEDOM Act; and jointly recommended its adoption SURVEILLANCE Whereas the ALA defends privacy to Council. As a result of this collab- Whereas the American Library As- rights and supports government trans- oration, The SRRT Action Council sociation (ALA) has always support- parency and accountability; and has accepted our invitation to appoint ed the fundamental principles of Whereas passage of the USA a SRRT liaison to the IFC and to the government transparency and pub- FREEDOM Act meaningfully con- COL Legislative Assembly. We hope lic accountability that undergird the tributed to recalibration of the nation’s this process will serve as a model of People’s right to know about the privacy and surveillance laws, restor- how different groups within ALA can workings of our government and to ing civil liberties, but accomplished work together respectfully to resolve participate in our democracy; only a fraction of all such necessary differences and advance the goals we Whereas the ALA Council ad- change; now, therefore, be it share as an Association. We thank the opted “Resolution Reaffirming the
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Resolved, that the American Library and securing passage of the USA The library is not obligated to open Association (ALA), on behalf of its FREEDOM Act, resulting in its discovery system to user-generated members and the public interest: movement away from overbroad content. A publicly funded library surveillance laws and practices can choose by policy or practice to 1. urges the President and Congress for the first time in more than a do so, and limit the contributions of to amend all germane surveil- decade. user-generated content to a defined lance-enabling authorities, such as class of users or limit the subject mat- Executive Order 12333, the For- Adopted by the Council of the ter of user-generated content, as long eign Intelligence Surveillance Act American Library Association Tues- as the distinctions drawn are view- (FISA) as amended, and the USA day, January 12, 2016, in Boston, point neutral and reasonable in light PATRIOT Act, to: Massachusetts of the mission and purpose of the li- a. Require government agencies brary. For example, the library could to obtain judicial warrants be- Keith Michael Fiels require that users contributing content fore collecting any individu- Executive Director and Sec- to the library’s discovery system pos- al’s personal information from retary of the ALA Council sess a valid library card or an online third parties and require court 2015-2016 ALA CD#19.2 account with the library or limit the approval for National Security 2016 Midwinter Meeting subject of their reviews to resources Letters; they have used. b. Raise the standard for govern- USER GENERATED If a publicly funded library by poli- ment collection of all records CONTENT IN LIBRARY cy or practice chooses to invite every- under FISA from “reasonable DISCOVERY SYSTEMS one to contribute user-generated con- grounds” to “probable cause” An Interpretation of the tent to the library’s discovery system, and sunset Section 215 of the Library Bill of Rights the library then may not limit or ex- USA PATRIOT Act (common- Libraries offer a variety of discov- clude a particular user’s content based ly known as the “library re- ery systems to provide access to the upon the content’s subject or view- cords” section); resources in their collections. Such point. Publicly funded libraries may c. Limit the government’s abili- systems can include online public ac- define the time, place, or manner in ty to use information gathered cess catalogs (OPAC), library discov- which the user contributes the content under intelligence authorities in ery products, institutional reposito- to the library’s discovery system. Such unrelated criminal cases, there- ries, and archival systems. With the restrictions must be reasonable and by making it easier to challenge widespread use of library technol- cannot be based upon the beliefs or the use of illegally obtained sur- ogy that incorporates social media affiliations of the user or the views ex- veillance information in crimi- components, intelligent objects, and pressed in the user-generated content. nal proceedings; and knowledge-sharing tools comes the In any instance, libraries should d. Prohibit the government from ability of libraries to provide greater develop and publish written poli- requiring hardware and software opportunities for patron engagement cies addressing users’ contributions to companies to deliberately design in those discovery systems through the discovery system. These policies encryption and other security user-generated content. These fea- should be made available in common- features to facilitate government tures may include the ability of users ly used languages within the commu- access to information otherwise to contribute commentary such as re- nity served. protected by such features; views, simple point-and-click rating The library must clearly identify 2. recommits itself to leadership in systems (e.g., one star to five stars), or what is user-generated content and the fight for restoration of the to engage in extensive discussions or what is library-generated content in public’s privacy and civil liberties other social interactions. This kind of the library discovery system. Such a through statutory and other legal content could transform authoritative distinction serves to affirm both the reforms; and files, alter information architecture, users’ First Amendment right to free 3. commends and thanks all parties, and change the flow of information expression and their responsibility for both inside and outside of gov- within the library discovery system. that expression. ernment, involved in developing
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Finally, the library must be scrupu- Adopted July 13, 1951, by the ALA Note lous in protecting the confidentiality Council; amended June 25, 1971; July 1. See Privacy: An Interpretation of the of personally identifiable information 1, 1981; June 26, 1990; January 19, Library Bill of Rights, last amended of users who contribute content to the 2005; July 15, 2009; and July 1, 2014. July 1, 2014, www.ala.org/advocacy/ library discovery system.1 intfreedom/librarybill/interpretations/ privacy.
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