NEWS IS IT LEGAL?

LIBRARIES low-income people and to learn who Worcester County Commission- Santa Cruz, California was using the libraries geographically. ers praised Worcester County Library How serious was the breach of patron Under state law, organizations Director Jennifer Ranck for putting privacy at the Santa Cruz Public typically have ninety days to respond safety first when deciding not to pro- Library (SCPL)? to grand jury reports. They are not, ceed with a lecture on impeaching The Santa Cruz County Grand however, required to implement any the president in an area where he has Jury (which is part of the civil court of the suggested changes. widespread support. system, and has no power to issue Prior to release of the grand jury The lecture was part of a series on criminal indictments, only reports report, SCPL had stopped using Gale the Constitution hosted by Howard and recommendations) said that SCPL Analytics on Demand, and reworked Sribnick, the president of the Worces- from 2016 through 2018 used a data its privacy policy. Reported in: ter County Library Foundation and a analysis tool from Gale Analytics co.santa-cruz.ca.us, June 24, 2019; former Worcester County Democratic on Demand that may have violated Register-Panjaronian, June 28. Central Committee chairman. It was patron privacy policies. A grand jury scheduled for Wednesday, March report issued on June 24, 2019, enti- Boise, Idaho 6, 2019, at the Worcester County tled Patron Privacy at Santa Cruz Public How much content will be blocked Library’s Berlin branch. Libraries, said the software blended for Wi-Fi users in Idaho’s public The Main Street Patriots East- patron data with other data from libraries when a new internet filtering ern Shore, Maryland, started a cam- Experian Mosaic. law takes effect next year? paign on Facebook on Friday, March With more than three hundred In early April 2019, Republican 1, posting a caption above an article pieces of additional consumer data per Governor Brad Little signed into law entitled, “America’s Second Civil War patron, “the library holds significantly legislation that adds publicly accessible Has Already Begun.” They wrote, more household-level data in its com- wireless internet to a law that requires “How many of you local folks will be puter system than patrons originally libraries to filter access on their inter- at the Berlin library on Wednesday provided,” the Grand Jury reported. net services so that obscene and por- . . . for the primer (hosted by Dem- The information was used to help the nographic material can’t be accessed. ocrats of course) on how to either library’s long-term strategic planning, The amendment is intended to impeach Trump or remove him from but the program was inconsistent with prevent minors from using personal office via the 25th Amendment? They SCPL’s privacy policy, and library laptops, tablets, smartphones, or other will collude and conspire to take administrators did not inform library devices to access pornographic sites. away your vote (Trump won here in patrons that it was being used, and did Previously, the law only dealt with Worcester County by almost a 2 to 1 not seek their consent, according to publicly accessible computers. The margin), will you be there to stand up the grand jury report. new law goes into effect on July 1, for the truth?” The report also found that library 2020. “Someone should take them out,” administrators did not review the Officials say public libraries will another person commented. contract provided by Gale Analytics have to update their policies, and that The session was canceled. “When on Demand, and found the contract up to 35 rural libraries might need people threatened to disrupt the pre- “unclear” and lacking in language that to install equipment. The estimated sentation, we thought that would raise protects patrons. cost is up to $2,500 per library, but a safety issue for those who may be SCPL Director Susan Nemitz said possibly much less depending on the trying to attend the program, or just the software was intended to help the type of system. Reported in: Associated those who were using the library at library system focus its programs and Press, April 8, 2019. that particular time on that particular services. day,” Ranck said in an interview. “Because we collect so little data Worcester County, Nearly three weeks later, some about our patrons it can help us bet- Maryland of the commissioners brought up ter understand them,” she said. “A lot Should a lecture on the US Consti- the incident when she appeared at of libraries have embraced this in a tution at a public library be cancelled Worcester County Commission’s big way.” Nemitz said that the library when critics calling themselves patri- meeting on March 26 on an unrelated used the program to study whether ots threaten violence? library funding issue. They thanked it was reaching people of color and Ranck and the library board for acting

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“professionally” during “the situation Licking County Library Director May 21, 2019, June 1; CityBeat Cincin- down at the library.” Reported in: Babette Wofter said she canceled the nati, June 1; cleveland.com, June 2. Ocean City Times, March 29, 2019. “Galaxy of Diversity” event because it became too difficult for the organi- Austin, Texas Columbus, Newark, and zation to control the misinformation When should police be called on Delaware County, Ohio circulating about it. teenagers in a public library, and can Was it wrong for two Ohio pub- The Newark County Pride Coa- library staff find another way to inter- lic libraries to give in to pressure and lition, which was co-sponsoring the vene rather than having a 13-year-old withdraw their support for events “Galaxy of Diversity” event, stated arrested in front of younger children? focusing on drag queen and LGBTQ in an open letter of its own that the Njera Keith, a teacher at an alter- (lesbian, gay, bisexual, transgender, event was meant to be an arts and native school that holds some of its and queer) culture, or wrong for them crafts project and safe-sex educational classes in the Carver Branch of the to schedule such events in the first program, with only an “optional Austin Public Library, said she was place? make-up tutorial.” The coalition entering the library with a six-year- The Delaware County Library asked Householder to respect the old student when they saw a police had scheduled “Drag Queen 101” for civil liberties of Newark residents, officer patting down thirteen-year-old Wednesday, June 5, 2019. The library noting that the US Supreme Court LaTashia Milligam. The teenager was said several teens had requested a has affirmed the freedoms of speech handcuffed and had no shoes on. class focused on the theatrical craft of and expression for the LGBTQ Keith said her young student drag performances. Selena T. West, a community. immediately began shaking. “She’s well-known drag queen from Colum- Householder dismissed the con- shocked that this little girl that we bus, was to be the instructor for the cerns about free speech. “Let me be were just interacting with is now in workshop. crystal clear: This isn’t about ban- handcuffs,” she said. But library director George Need- ning books or banning thought or According to library staff, LaTashia ham announced on May 29 that the any other red herring argument,” was arrested for an existing war- event was canceled after the library he wrote. “This is about right and rant, after the parent of another stu- received threatening messages, some wrong. This is about being good dent called police and accused her of from outside the area. The sponsors stewards of the public’s money.” threatening to attack her daughter. moved the event to a privately-owned The Newark coalition noted that Keith, who is also the execu- bookstore nearby called Secret Iden- no public money would have been tive director of an advocacy group tity Comics. used for the program, which would called Black Sovereign Nation, said Elsewhere in the same state at have taken place after library hours authorities should never have been nearly the same time, the Emerson R. and would have been funded by a called. Instead, a staff member or Miller library in Newark, in Ohio’s non-governmental grant. other responsible adult should have Licking County, scheduled “Galaxy of A group of House Democrats from intervened. After the incident, Black Diversity: A LGBTQ Teen Event” for Central Ohio, in a news release, called Sovereign Nation members tried to Friday, June 7. A powerful Republican Householder’s comments “unfortu- speak with library staff to address con- politician, Ohio House Speaker Larry nate.” The Democrats’ statement said, cerns about library policies regarding Householder, issued an open letter “the promise of America is . . . we all minors. When they finally did, there on May 31 stating, “Taxpayers aren’t agree to let everyone have their voice. was no consensus about how to move interested in seeing their hard-earned That is certainly true for the nearly forward. dollars being used to teach teenage 500,000 LGBTQ Ohioans.” Austin Public Library policy states boys how to become drag queens. I West, who led the Delaware Coun- that children under ten cannot be expect this to end immediately.” His ty’s “Drag Queen 101,” said the left unsupervised in the library unless letter did not name any libraries, but a June 5 class went even better than accompanied by someone who’s at spokesperson confirmed that House- expected. She said only about five least seventeen. If staff members feel a holder had the Delaware County and people had signed up through the child is unsafe or has nowhere else to Licking County libraries in mind. library, but 30 were in attendance for go, they should refer the child to the Householder represents neither; his the event at the Secret Identity store. Austin Police Department. district is in Perry County. Reported in: ThisWeekNews.com,

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Keith said there was “no concrete Others said this discriminates identity. The video introduced the policy” to guide staff members in against women of color who use caps teacher’s new name, Vica Steel. It LaTashia’s case. and rollers to protect their hair. requested that students call the teacher Black Sovereign Nation and “The first thing I thought was this “Mix Steel” or “Mx. Steel” instead Counter Balance: ATX launched a is anti-blackness,” said Roni Bur- of “Mr. B,” and refer to the teacher as campaign called No Sanctuary for ren, who teaches at the University “they” instead of “he.” Black Futures aimed at changing Aus- of Houston’s College of Education. In the video, the teacher reads tin library policies. They are asking She’s also an activist who successfully a book titled They Call Me Mix. A for more diversity training for staff campaigned against a major textbook passage in the book says: “‘BOY or and more comprehensive policies company after her son showed her his GIRL?’ Are you a boy or a girl? How regarding minors. Organizers are also book calling slaves “immigrants.” can you be both? ‘Some days I am asking for a citywide policy requiring Burren said this kind of dress code both. Some days I am neither. Most staff to contact the guardian of a child is part of a long history of policing days I am everything in between.’” if they come in contact with police or black women’s hair and appearance in On Facebook, the teacher said the have some other conflict. the United States, and it reflects that purpose of the video was “all so [the Kristina Brown, Black Sovereign internalized racism is real. children] can know who I am and Nation’s deputy director, said librar- What’s more, she said that a dress who I am becoming.” ies “are spaces for oftentimes margin- code for parents doesn’t have any con- Liberty Counsel (LC), an activ- alized people to have internet access nection to instruction and discourages ist Christian ministry with offices in and obviously to read books and have parents from coming to school. central Florida, Virginia, and Wash- access to information. And we are not The Texas Education Agency ington, DC, called it “inappropriate against that, obviously, we just want leaves it up to local school districts to activism in the classroom” when the those spaces to be safe,” with patrons set dress codes. The Houston district teacher showed the video to every not at risk of harsh treatment due to declined to comment. student in grades K-5 at the school. In stereotyping. Reported in: Austin The dress code at Madison High a letter sent in June 2019 to Superin- Monitor, May 9, 2019. was issued after KPRC-TV reported tendent Jennifer Cheatham, LC said the school turned away a mom who this “appears to violate several district SCHOOLS tried to enroll her daughter at Madi- policies, as well as the constitutional Houston, Texas son because she was wearing a T-shirt prohibition against schools enforcing When a school institutes a paren- dress and headscarf. Reported in: any kind of ‘orthodoxy.’” tal dress code for when they visit the Houston Public Media, April 24, 2019. That restriction, stated by the US school, is this discrimination on the Supreme Court, is, “If there is any basis of race or class? Madison, Wisconsin fixed star in our constitutional con- Under a new dress code at James Is a public school teacher’s proclama- stellation, it is that no official, high Madison High School in Houston, tion of their personal transsexual iden- or petty, can prescribe what shall be parents can’t be on campus if they’re tity in class an exercise of the teach- orthodox in politics, nationalism, reli- wearing hair rollers, a shower cap, er’s First Amendment right of free gion, or other matters of opinion or or pajamas. Other banned clothing speech—or is telling students what force citizens to confess by word or includes revealing leggings, low-cut pronoun to use for the teacher a viola- act their faith therein.” tops, sagging pants, torn jeans, and tion of the students’ First Amendment Under provisions of Wisconsin Daisy Duke shorts. In a memo, the rights? law, Liberty Counsel asked for any school’s principal said that if parents A science teacher at Allis Elemen- emails, flyers, notes, text messages, break the rules, they will not be per- tary School in the Madison (Wis- and other district communications mitted inside Madison High until consin) Metropolitan School District asking parental permission to show they return “appropriately dressed for had been known as Mark “Vince” the “coming out” video to students. the school setting.” Busenbark, and was addressed as It also requested all communications The principal said this maintains “Mr. B.” by students. The teacher from Allis Elementary Principal Sara the school’s “high standards.” and the teacher’s wife (whose last Cutler, Vice Principal Andrea Alrichi- name is Steel) produced a home video chi, or Busenbark “notifying the dis- explaining the teacher’s “non-binary” trict of the plan to show the video, or

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requesting district permission to show opinions, even if the speech might in: Alabama Political Reporter, June 7, the video to the children.” trigger strong, possibly violent reac- 2019; The Hill, June 8. LC also wants to see all emails tions, often require school faculty referencing the video as the cause or administrators to be notified in Des Moines, Iowa of confusion to children, commu- advance and approve demonstrations Will a new “free speech” law in Iowa nications approving Busenbark’s use in the zones. Critics say such a process change how public universities and of “Mix” or “Mx.,” and any other places an undue restriction on First community colleges uphold the “full- communications referencing the Amendment rights. est degree of intellectual freedom and controversy. The bill’s sponsor, Republican state free expression”? LC claims the teacher’s actions may Representative Matt Fridy, called The law, which Governor Kim conflict with the school district’s well- such efforts by universities “unfair” Reynolds signed on March 27, 2019, ness policy, which states instruction attempts to crack down on viewpoints requires state universities and com- should be “age-appropriate, medically with which they disagree. “Alabama’s munity colleges to adopt policies accurate, and non-stigmatizing,” and university campuses should be places respecting free speech on campus. its policies regarding controversial where ideas are freely debated and But Democrats argued one section issues, the use of district resources, students are exposed to a variety of in the new law will pave the way for and “political activities.” Reported in: viewpoints. Unfortunately, across discrimination. WND TV, June 4, 2019. the nation—occasionally even here Conservative students and groups in Alabama—college administrators across the country have claimed their COLLEGES AND have used unfair, arbitrary speech free speech rights have been restricted UNIVERSITIES codes to silence speech that is deemed on liberal campuses in recent years, Montgomery, Alabama ‘offensive.’ Oftentimes, politically and causing a rash of new proposals from Should free speech be guaranteed religiously conservative groups are state lawmakers. Reynolds, a Repub- on college and university campuses, targeted,” Fridy said in an interview lican, said she was proud to sign the even if the speakers are controversial after the bill was signed. Iowa law. “Our public universities and or unpopular, and they might induce During the House floor debate, community colleges should always violent reactions? Democratic state Representative be places where ideas can be debated, Alabama Governor Kay Ivey Napoleon Bracy opposed the bill, built upon, and creative thoughts signed a bill into law on June 6, 2019, saying that university administrators flourish without limits,” she said in a that will prevent Alabama’s taxpay- should focus on the safety of students news release. er-funded public universities from on campus and citing concerns that Katherine Tachau president of the limiting free expression and student certain speech could incite violence University of Iowa (UI) chapter of the speech to “free speech zones” on cam- in some students. Bracy said college American Association of University pus. In particular, the speech poli- administrators should be able to deter- Professors (AAUP), said freedom of cies must make clear that the outdoor mine which speakers are invited to expression is at the heart of univer- areas of a public college’s campus shall speak at their institutions. sities. It’s not clear how the law will be deemed a public forum for mem- Most Alabama colleges had change the UI campus, but the AAUP bers of the campus community. opposed the bill, according to Alabama worries about “undesirable unin- Known as House Bill 498, the law Political Reporter. tended consequences.” Tachau said, also ensures that if hecklers choose to The bill would not apply to private “As a public university we are bound protest and intimidate guest speak- colleges and universities, because as by constitutional law on freedom of ers on campus, the universities cannot private entities they have the right to expression, so we were not at all con- capitulate to the hecklers by forcing set their own standards. Public institu- vinced that we needed a new law to the speaker to pay for security costs tions, on the other hand, are covered achieve what we achieve most of the that have arisen from the protest. The by the First Amendment, Fridy said. time,” Tachau said. law will go into effect next year, on H.B. 498 was approved by a bipar- During floor debate in the Iowa July 1, 2020. tisan 24 to 1 vote in the Alabama House this month, Democrats stressed Free speech zones, which have State Senate and a 73 to 26 vote in the that they support free speech but said been touted by some as ways to House of Representatives. Reported one sentence in the bill kept them allow students to express a variety of from voting for it. That sentence

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would allow student groups that expression to “free speech zones” also prevents institutions from “dis- receive public university funding without waiting for court rulings, or inviting” speakers invited by a stu- to bar certain students from leader- will students need to sue, as they now dent, student organization, or faculty ship positions based on their identity, can under a new law? member. Democrats argued. The AAUP also Kentucky Governor Matt Bevin The new legislation also provides takes issue with the section. on March 26, 2019, signed HB 254 a cause of action, which allows stu- Versions of the Iowa law have into law, protecting free speech at the dents to sue institutions in state court been debated for years, but lawmak- commonwealth’s public colleges and for violations of the act. Reported in: ers doubled their efforts after a federal universities by granting students the thefire.org, March 26, 2019. court ruled in favor of a Christian “broadest possible latitude to speak, group that argued UI discriminated write, listen, challenge, learn, and dis- Cambridge, against it. The group, Business Lead- cuss any issue.” The bill requires insti- Massachusetts ers in Christ, was accused of barring tutions to maintain “a marketplace of Is it hypocritical for a university that a student from a leadership position ideas where the free exchange of ideas was once associated with slavery and because he is openly gay. The univer- is not suppressed,” and explicitly pro- segregation to deny admission to an sity later revoked the group’s status as hibits the use of restrictive free speech incoming freshman because he at one a registered student organization, but zones. time wrote and shared a document the court found the university was not “College leaders should promote that used the word “nigger”? uniformly applying its human rights the fact that their campuses host That is the question Kyle Kashuv, policy. Republicans have touted the diverse viewpoints, not corral dissent- a pro-gun rights survivor of the 2018 incident as evidence that free speech ing speakers into pre-approved areas mass shooting in Parkland, Flor- on Iowa campuses is being stifled. where they determine it’s ‘safe’ to ida, raised after Harvard University The law directs the governing have an opinion,” said Robert Shibley, rescinded its offer of admission, appar- boards of the state’s three public uni- executive director of the Foundation ently because after he was admitted, versities and numerous community for Individual Rights in Education racist comments he had made two colleges to adopt policies that state, in (FIRE). “We commend Kentucky years earlier surfaced online. part, that “the institution must strive legislators for making free speech a Kashuv became an activist for to ensure the fullest degree of intel- priority, and encourage other states to gun rights shortly after the Parkland lectual freedom and free expression.” follow their lead.” shootings. He was accused in May The law also designates outdoor Ten percent of colleges and uni- 2019 of having used racial slurs in a areas on campus as public forums. The versities surveyed by FIRE main- shared Google Doc in 2017. He wrote law specifies “that it is not the proper tain a free speech zone, according to the N-word multiple times in the role of an institution of higher educa- FIRE’s Spotlight on Speech Codes 2019 document and followed the slurs with tion to shield individuals from speech report. Free speech zones have repeat- “practice uhhhhhh makes perfect.” protected by the First Amendment to edly been struck down by courts or Shortly after the comments became the Constitution of the United States, voluntarily revised by colleges as part public, he posted a statement on Twit- which may include ideas and opinions of lawsuit settlements brought by ter calling the racist language he had the individual finds unwelcome, dis- students. used “callous and inflammatory,” but agreeable or even offensive.” The University of Kentucky, did not formally apologize for it. The Senate approved the measure Morehead State University, and Mur- In June 2019, Kashuv posted doc- 35–11 earlier this month, with some ray State University are among the uments to Twitter that appeared to Democrats in support. But in the institutions that will need to change show Harvard had second thoughts House, where it passed 52–44, Dem- or clarify their policies to comply about granting him admission. ocrats all voted against it or said they with the law. According to the documents, the opposed it. Reported in: Des Moines Under the law, Kentucky’s public university’s admissions committee Register, March 27, 2019. colleges and universities are prohib- had decided that Kashuv’s language ited from charging students security in 2017 violated the conditions of his Frankfort, Kentucky fees based on the expressive content acceptance, and therefore threatened Will Kentucky institutions of higher of their campus events or the ideas of to rescind his admission following an education stop limiting controversial their invited guest speakers. The law investigation.

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“We have become aware of media In April 2019, a student complained Pauwels continued, “Can’t the reports discussing offensive state- about two photos in a display called answer to both questions be yes? ments allegedly authored by you,” “Parties of the Past” in Doane Uni- Because lots of people want us to pick said a letter, dated May 24. “As you versity’s Perkins Library on the Crete one or the other. These are values that know, Harvard reserves the right to campus. This was part of an exhibit are hard to define, and now they’re withdraw an offer of admission under of historical photographs that Library colliding with one another.” various conditions, including ‘if you Director Melissa Gomis had curated Doane’s AAUP chapter approved engage or have engaged in behavior in March, of memorabilia from stu- a statement condemning Gomis’s that brings into question your hon- dent scrapbooks housed in university suspension. esty, maturity, or moral character.’” archives. The two photos showed stu- Other professors think Doane Uni- On Twitter, Kashuv said that his dents attending a 1926 Halloween versity made the right call. response to the committee took “full party, apparently in blackface. A blurb Many historians have argued that responsibility for the idiotic and hurt- from a local newspaper at the time there is value in showing racism that ful things I wrote two years ago.” indicated it was a campus masquerade existed in the past at universities and But on June 3, he said, the univer- party. But there was no accompany- in other parts of society, even if seeing sity wrote that he would no longer be ing note from the curators explaining it makes people uncomfortable today. accepted into Harvard’s Class of 2023, why the photos were included. Yet many also argue that this kind of this fall’s freshman class. (Rachael After speaking with the concerned content should be put into context. Dane, director of media relations at student, Gomis decided to remove the The AAUP said Gomis’s suspension Harvard, said it does not comment blackface photos due to concern for was a “consequence of a grievance publicly on the admissions status of the student. complaint” without due process nor individual applicants.) Then, under orders from the pro- an investigation. Kashuv criticized Harvard’s deci- vost, the entire exhibit was removed. Citing censorship guidelines from sion on Twitter, relating the situation That same day, Gomis was told to the American Library Association, to the institution’s own past asso- collect her things from her office, and Doane’s AAUP chapter described ciations with slavery and segrega- was suspended indefinitely. the university’s forced removal of the tion. “If Harvard is suggesting that Doane University administrators exhibit as “an unambiguous example growth isn’t possible and that our past said that displaying the photos ran of censorship,” coming from “out- defines our future, then Harvard is an counter to the university’s values and, side the library, performed by a person inherently racist institution,” Kashuv as presented, served no educational with no training in library and archi- tweeted. “But I don’t believe that.” purpose. val science.” That is in contrast to Kashuv’s status as a right-wing Some members of the faculty who Gomis’s initial self-censorship, which activist grew considerably after the support the librarian disagree. They was “driven by her genuine concern 2018 shootings, which claimed 17 said that Doane interfered in a learn- to respond to the student and to avoid lives at Marjory Stoneman Doug- ing moment, albeit a painful one, that external censorship.” las High School. He gained attention their colleague was already working When an educator “is pressured to mostly for his advocacy for campus to right. remove content from a lecture, lesson safety through gun rights. Kashuv “Were some of our students genu- or display that was created according has made frequent appearances on inely offended or hurt by the library to the current methods of the pro- Fox News and has met with Presi- display? Yes,” said Brian Pauwels, fession, then a violation of academic dent Trump. Reported in: Chronicle of associate professor of psychology at freedom has occurred,” the AAUP Higher Education, June 17, 2019. Doane and vice president of the cam- said. pus’s American Association of Uni- Doane President Jacque Carter Crete, Nebraska versity Professors (AAUP) advocacy sent an all-campus memo saying that Was it offensive for a library at Doane chapter. “Was suspending the librarian blackface “has a history of dehuman- University to display historical photos in response to that hurt heavy-handed ization and stereotyping, which per- of students in blackface? Was it a vio- and in violation of the academic free- petuates systemic racism in society.” lation of academic freedom when the dom that is necessary to do her diffi- He apologized for the photos and the university closed the exhibit and put cult job every day?” hurt they had caused. “Such an insen- the librarian on leave? sitive action is unacceptable and will

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not be tolerated now or in the future,” controversial matter that has no rela- University System of New Hamp- Carter wrote. tion to their subject.” Additionally, shire (USNH) and Plymouth State Doane’s AAUP chapter took issue she continued, quoting the AAUP, University (PSU) signed an agreement with that statement, saying that an professors’ “special position in the on February 15, 2019, to pay a former environment in which a president can community imposes special obliga- adjunct lecturer $350,000 to avoid a judge exhibits as “sufficiently contro- tions. As scholars and educational offi- potential lawsuit after she lost her job versial or offensive that they must be cers, they should remember that the for speaking in support of a former removed partially or in their entirety public may judge their profession and Exeter High School guidance coun- at the president’s discretion” consti- their institution by their utterances.” selor who sexually assaulted a student. tutes “an infringement of the academic McKinney said that Doane was Nancy Strapko, a local mental freedom that is essential to the work within its rights to suspend Gomis health counselor, reached the settle- of Director Gomis, all other faculty under its anti-harassment policy, ment with the university system after and, by extension, the students of the pending the investigation. She said she controversy arose when Strapko and university.” thinks it is unlikely that Gomis would several educators and other profes- Mark Orsag, a professor in Doane’s be fired. sionals pleaded for leniency at Kristie history department, said the photos, Do librarians have academic free- Torbick’s sentencing in Rockingham without context, were “clearly dis- dom? Doane’s AAUP chapter declared, County Superior Court in July 2018. respectful to the African American “We assert that the library is a funda- The thirty-nine-year-old Torbick had faculty, staff and students on this mental classroom, where knowledge pleaded guilty to four counts of sexual campus.” Given national controver- and learning begin.” Doane’s AAUP assault on a fourteen-year-old student. sies over similar pictures, he added, chapter further argues that librarians Strapko, an associate professor “putting those photos up in that man- “are particularly vulnerable to sanc- emeritus and former graduate school ner was tone-deaf in the extreme tions resulting from public disapproval health education coordinator at PSU, and demonstrated a fundamental lack of their collections and exhibits,” was one of twenty-three people who of common sense.” Academic free- since they deal with an “enormous wrote letters supporting Torbick. dom “carries with it the responsibil- range of materials that inevitably will Strapko also testified at Torbick’s sen- ity to act respectfully, with fairness include items that some, and perhaps tencing on July 9, 2018, asking for and with common sense,” he added, even many, will find objectionable.” leniency. Judge Andrew Schulman arguing that “such offensive dis- And unlike professors in a dynamic sentenced Torbick to two-and-a-half plays” are explicitly against Doane’s classroom setting, the chapter wrote, to five years in prison. The sentence anti-harassment policy. librarians can’t “respond instantly to was lighter than the five to ten years Amanda McKinney, execu- questions or reactions from their audi- prosecutors sought. tive director of Doane’s Institute for ence, or explain in the moment their PSU dismissed Strapko on August Human and Planetary Health and decision-making process in presenting 1, 2018, saying in a public statement director of its Open Learning Acad- such materials.” that she would not be rehired as emy, said the key issue is not con- Pauwels argued that the broader an adjunct teaching lecturer nor tent but context. “There was noth- issue is that one instance of even employed in any other capacity at the ing there with the pictures to indicate well-meaning censorship sets the stage university. whether this was right or wrong, for worrisome instances of censorship In her letter to the court, Strapko racist or not, condoned by the librar- going forward. Defending academic wrote, in part, “Kristie takes full ian or not,” McKinney said. Given the freedom “here and in the long term” responsibility for her actions with her display title, one “might even think ultimately ends up benefiting students, ‘victim.’ I put this in (quotes) because we were celebrating it. That’s the crux he said. Reported in: Inside Higher Ed, I am aware that her ‘victim’ was truly of the issue,” she added. May 6, 2019. the pursuer in this case.” Quoting AAUP’s policy on aca- Strapko’s description of the vic- demic freedom, McKinney said that Plymouth, New Hampshire tim as the “pursuer” outraged many, teachers “are entitled to freedom Should the free speech of faculty including advocates for sexual assault in the classroom in discussing their members be limited when they speak survivors. subject, but they should be careful in defense of someone accused of sex- In its statement announcing her not to introduce into their teaching ual assault? dismissal, the university wrote, “In

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PSU’s opinion, portraying a fourteen- Fallout from the Torbick sen- discriminatory? It might be, if the year-old sexual assault victim as a tencing also led to the resignation policy is selectively enforced. ‘pursuer’ is legally wrong and morally of Bedford school superintendent Barnard College placed several reprehensible.” Chip McGee. He faced pressure after public safety officers and a supervi- USNH general counsel Ronald Bedford High School educators also sor on administrative leave following Rodgers, along with Strapko’s attor- supported Torbick, who was a Bed- accusations of racial profiling. neys, released a joint public statement ford counselor before she was hired in The issue arose when a video on the settlement: “The University Exeter. recorded by a Columbia University System of New Hampshire and Dr. Newfound Regional High School student showed what happened at the Nancy Strapko have reached a medi- guidance counselor Shelly Philbrick Barnard library on April 11, 2019, at ated resolution of their concerns aris- also resigned after she spoke at Tor- 11:30 p.m. The student was held and ing out [of] an assessment Dr. Strapko bick’s sentencing. asked for identification while trying provided in a criminal sentencing The Foundation for Individual to enter the library. hearing. The parties abhor all forms Rights in Education (FIRE) wrote Current college policy states that of interpersonal exploitation, in par- to PSU in September 2018 to explain students must show ID after 11 p.m., ticular the sexual abuse of children. that the First Amendment prohib- but students say that policy is not rou- They also agree on the importance of its a public university from punishing tinely enforced. witnesses participating in the crimi- its professors for testifying in judicial Barnard’s president apologized to nal justice process, including criminal proceedings. the Columbia University student and sentencing.” “Professor Strapko was fired for said the college will review its poli- The amount of the settlement was nothing more than her witness testi- cies. Reported in: CBS New York, released in response to a request for mony—and that is a blatant violation April 15, 2019. information under the Right-to- of her First Amendment rights and Know law, filed by the New Hampshire a clear violation of Plymouth State’s Philadelphia, Pennsylvania Union Leader. free speech promises,” said Zach Do principles of academic freedom PSU professors Michael L. Fisch- Greenberg, program officer in FIRE’s and free speech mean that a university ler and Gary Goodnough also came Individual Rights Defense Program. should grant a platform to a professor under fire for their letters of support. “Plymouth State disregarded the pro- whose “dangerous” ideas may cause Fischler, a professor emeritus of found societal importance of ensuring harm and incite violence? counselor education and school psy- that people with relevant information At the University of the Arts chology, and Goodnough, a professor come forward when called to testify (UArts) in Philadelphia, where the of counselor education who served in criminal trials—a civic responsi- critic Camille Paglia has taught for as Torbick’s adviser and internship bility that forms the backbone of any thirty years, a faction of art-school supervisor, both agreed to complete functional system of justice.” students wants her fired and banned additional training on sexual assault After the settlement was from holding speaking events or sell- and to work closely with PSU faculty, announced, FIRE’s Greenberg said, ing books on campus. Their petition students, and staff to address the issues “This settlement represents the high says her ideas “are not merely ‘contro- and the concerns created by their let- costs of failing to uphold the First versial,’ they are dangerous.” ters, the university said in a statement. Amendment rights of faculty at a Others believe this would set a But Manchester-based attorney Jon public university. Universities should dangerous precedent that would Meyer, who is representing Fischler, learn from Plymouth State’s mistake undermine freedom of expression and has criticized PSU for disciplining his by committing to protect free speech free academic inquiry. client, insisting that he was punished on campus—and honoring those Conor Friedersdorf, a staff writer for exercising his constitutional and commitments in practice.” Reported for the Atlantic magazine, covered the statutory free expression rights. in: New Hampshire Union Leader, April controversy in a lengthy article. It is Meyer also argued that the action 29, 2019; thefire.org, April 30. rare for student activists to argue that will have a “chilling effect” on people a tenured faculty member at their own who are asked to testify during future New York, New York institution should be denied a platform, sentencing proceedings. Is a policy asking university students Friedersdorf’s magazine pointed out. to show identification after 11 p.m.

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Paglia has been outspoken and con- a class with someone who stated that Later, when student activists troversial ever since her first book, ‘It’s ridiculous . . . that any univer- launched their online petition, they Sexual Personae: Art and Decadence sity ever tolerated a complaint of a included the demand, “Yager must From Nefertiti to Emily Dickinson, was girl coming in six months or a year apologize for his wildly ignorant and published in 1990. The book criti- after an event,’ or that ‘If a real rape hypocritical letter.” cized feminist thinking about rape was committed, go friggin’ report it To better understand the stu- and argued that sex differences are to police.’ Perhaps this is an ‘opin- dent-activist perspective, Frieders- rooted in biology. It was savaged by ion,’ but it’s a dangerous one, one dorf emailed Sheridan Merrick, who feminist critics, but became an unex- that propagates rape culture and vic- posted the Change.org petition against pected, 700-page bestseller. And it tim-blaming. For this and other rea- Paglia, asking how have the professor’s sparked a national debate about art, sons, I find her place as an educator at “dangerous” ideas harmed students. history, gender, ideas that offend, free this university extremely concerning In reply, Merrick cited statistics inquiry, and political correctness. and problematic.” about the percentage of transgender The latest student protests against After Paglia’s interrupted speech, adults who report having attempted Paglia began in the spring of 2019, UArts President David Yager released suicide or suffered hate crimes. From when it was announced that she a long statement defending free there she reasoned: would give a lecture titled “Ambigu- expression. Its core message: ous Images: Sexual Duality and Sex- Paglia’s comments have echoed the ual Multiplicity in Western Art.” Across our nation it is all too com- hateful language that pushes so many According to a letter that two mon that opinions expressed that transgender people to contemplate student activists released, “Joseph differ from one another’s—espe- suicide, and encourage transphobic McAndrew (they/them), a gender cially those that are controversial— people to react to transgender people non-binary creative writing major, can spark passion and even outrage, violently. . . . I personally know at brought this lecture to the student often resulting in calls to suppress least one person who, due to Paglia’s body’s attention through social media that speech. That simply cannot be comments, has experienced suicidal and raised their concerns to Title IX allowed to happen. I firmly believe thoughts and has considered leav- and other University administration that limiting the range of voices ing the University. The comments about the school giving Camille a in society erodes our democracy. that many of us have been receiving platform. This led to the University Universities, moreover, are at the online have caused public safety at reaching out to Deja Lynn Alvarez, heart of the revolutionary notion of our school to be told to up their secu- a local transgender activist, to facil- free expression: promoting the free rity game, in case our (very queer) itate a talk-back after Camille’s lec- exchange of ideas is part of the core student body is targeted by angry ture. Students were informed the day reason for their existence. That open supporters of hers. This is what we before the lecture that Camille had no interchange of opinions and beliefs mean when we say that her views plans to stay for the talk-back.” includes all members of the UArts are not merely controversial, but UArts administrators declined to community: faculty, students and dangerous.” cancel the public lecture that Paglia staff, in and out of the classroom. We was scheduled to deliver. The stu- are dedicated to fostering a climate Friedersdorf disagrees. The Atlan- dent activists responded by protesting conducive to respectful intellectual tic article concludes that the argument the event. Before the event was over, debate that empowers and equips our that someone pulled the fire alarm in the students to meet the challenges they building, causing it to be evacuated. will face in their futures. I believe a speaker is responsible for harms To help justify the effort to sup- this resolve holds even greater impor- that are theoretical, indirect, and so press Paglia’s speech, student activ- tance at an art school. Artists over the diffuse as to encompass actions of ists pointed to an interview posted to centuries have suffered censorship, strangers who put themselves on the YouTube in which she dismissed some and even persecution, for the expres- same side of a controversy—is unten- allegations of campus sexual assault. sion of their beliefs through their able. Suppressing speech because it For example, one student wrote in an work. My answer is simple: not now, might indirectly cause danger depend- email: “As a survivor of sexual assault, not at UArts. ing on how people other than the I would never feel comfortable taking speaker may react is an authoritarian

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move. And this approach to speech, an act of free expression more intrigu- to the organization’s sincerely held applied consistently, would of course ing than an attempt to censor it. beliefs.” impede the actions of the anti-Paglia FIRE Executive Director Robert protesters as well. Reported in: The Atlantic, May 1, Shibley said “‘Free speech zones’ send . . . What’s more, when student 2019. the false and illiberal message that a activists strategically engage in pro- student’s First Amendment rights are tests, callouts, and other behavior Pierre, South Dakota dangerous, and should be constrained expressly calculated to “make life Are colleges really protecting free within tiny, pre-approved areas of more difficult” for others, they could speech when they limit it to “free campus. We commend legislators in indirectly inspire outside parties to speech zones” on campus? South Dakota for recognizing the engage in threats or even attacks. . . . On March 20, 2019, South Dakota critical importance of free speech adopting different standards for dif- Governor Kristi Noem signed into to higher education, and encourage ferent identity groups—which would law HB 1087, which will codify free other states to follow their lead.” of course never fly in a legal con- speech protections for students at “HB 1087 is an important step text—would ultimately hurt histori- South Dakota’s public colleges and toward ensuring no viewpoints are cally marginalized groups. universities. The law prohibits South silenced at public institutions in South . . . The identitarian conceit is Dakota public colleges and universi- Dakota,” said FIRE Legislative and that trans people and survivors of ties from quarantining student expres- Policy Director Joe Cohn. “By enact- sexual assault can’t learn from Paglia, sion into small, misleadingly labeled ing this legislation, South Dakota because she renders them “unsafe.” “free speech zones.” is standing up for all students who Meanwhile, cis [non-trans] white According to a count maintained wish to speak their minds freely on males are acculturated to believe that by the Foundation for Individual campus.” they can always learn from anyone, Rights in Education (FIRE), this According to FIRE’s Spotlight on even professors overtly hostile to made South Dakota the 13th state to Speech Codes 2019 report, approx- their race, sexual orientation, or gen- pass legislation banning public col- imately 10 percent of top colleges der identity. In this way, left-iden- leges and universities from relegat- nationwide maintain a free speech titarianism encourages historically ing student expression to free speech zone, despite the fact that the practice marginalized groups to believe that zones. The others are Virginia, Mis- violates the First Amendment. Free they are less resilient and less capable souri, Arizona, Kentucky, Colo- speech zones have been repeatedly than their white, male classmates. rado, Utah, North Carolina, Tennes- struck down by courts or voluntarily They suggest, falsely, that “harm” is see, Florida, Georgia, Louisiana, and revised by colleges as part of settle- the only possible result of listening Arkansas. [After South Dakota, Alabama ments to lawsuits brought by students. to controversial (or even offensive) and Iowa passed similar laws (see page Reported in: thefire.org, March 21, ideas. 41). This raised the total to fifteen states 2019. There are, finally, political costs with laws against restricting free speech on of illiberal activism. By targeting the campuses of public institutions of higher San Marcos, Texas Paglia’s job, student activists may education.] What is the difference between a vote alienate people who are open to sub- South Dakota’s HB 1087 also pre- by the student government and offi- stantive critiques of her ideas, yet vents institutions of higher educa- cial action by their university? insistent on the absolute necessity of tion from discriminating “against any The Texas State University stu- safeguarding a culture of free speech, student or student organization based dent government provoked outrage regardless of whether the speech in on the content or viewpoint of their on April 8, 2019, by voting to ban a question is “correct” or “incorrect.” expressive activity.” The law guar- conservative student group, Turning They fail to heed Henry Louis Gates’s antees that funds distributed to stu- Point USA, from campus. prescient warning not to divide the dent organizations are allocated in a The outrage of Charlie Kirk, liberal civil-rights and civil-liberties nondiscriminatory manner. It further founder of Turning Point USA, was communities. states that belief-based student orga- quickly retweeted by his followers and The activists also fail to heed a nizations are free to maintain policies picked up by conservative media sites. much older lesson that art students that require leaders or members of the Greg Abbott, Texas’ Republican gov- ought to know best: Nothing makes organization to “affirm and adhere ernor, jumped into the fray, tweeting

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that he looked forward to signing a the university’s administration cannot people can check books out. There’s bill to uphold free speech on college grant,” Adam B. Steinbaugh, director no uniformity as to how often a book campuses, passed by the state Senate. of FIRE’s Individual Rights Defense cart is allowed onto a housing unit— Lost in the initial outrage was a Program, wrote in an email. “Nor for some units, it’s once a week; for response from Margarita Arellano, can the student government take steps others, books might only come every the university’s dean of students, who to deprive the TPUSA chapter of ben- other week or as often as twice a issued a statement saying that, while efits provided to other organizations week. the student government has a right to due to objections to TPUSA’s views.” For people in punitive segrega- pass a resolution calling for a ban of Reported in: Chronicle of Higher Educa- tion (129 inmates, as of November 30, any student group, it does not have tion, April 10, 2019. 2018) who can spend anywhere from the authority to actually kick Turn- 17 to 23 hours in their cell, access ing Point USA off campus. Student PRISONS seems to be even more spotty. DOC organizations can be banned only if New York, New York officials testified that people in puni- they are facing disciplinary sanctions, How much of a right to read do incar- tive segregation do not have access to she wrote, and the campus chapter of cerated people have? Are library book either a physical library or the library’s Turning Point is not. carts, rather than actual libraries, book carts, a declaration that shocked The resolution approved by the stu- enough for prisoners to exercise that and appalled Dromm and his col- dent government, but not acted on by right? leagues. But librarians from the New the administration, called on the uni- On February 26, the New York York, Queens and Brooklyn public versity to ban the campus chapter of City Council’s Criminal Justice Com- libraries later testified that they do Turning Point USA, citing its “con- mittee heard testimony on Coun- indeed provide access to books and sistent history of creating hostile work cilmember Daniel Dromm’s bill, Int. magazines for people in segregation as and learning environments through a 1184, that requires the Department of well as in the city’s Enhanced Super- myriad of intimidation tactics aimed Corrections (DOC) to provide access vision Housing. In some units, they against students and faculty.” The res- to the library for all incarcerated peo- are able to meet the readers face to olution criticized the group’s “Pro- ple within 48 hours of entering the face; at others, the would-be reader fessor Watchlist,” which “exposes” jail system. The Department would be receives a list of available genres. They faculty members accused of discrim- required to report on the number of choose one, submit the slip and in inating against conservative students books they receive, the source of those return receive a book. and promoting a liberal agenda. books and, if books are censored, the Michael Tausek, the DOC’s dep- Stormi Rodriguez, president of reason for the censorship. uty commissioner for programming Turning Point’s campus chapter, spoke Only two of the city’s eleven jail and community relationships, told the during an open forum before the buildings at Rikers Island have per- Committee that the DOC does not vote. Her remarks were interrupted manent libraries—and these were support the bill. “We do not believe by chants of “No more harassment, created only recently, in July 2016 and that this bill would have the desired no more hate, remove Turning Point April 2018. A third library only exists outcome of actually increasing the from Texas State!” The taunts con- for a few hours one day a week, when level of access to reading materials,” tinued as she left the meeting. She librarians from the New York Public he testified. recorded them on Twitter. “If the left Library bring books into a gymna- The librarians who actually work wants an example of what it looks like sium. Men in that particular jail are in the city’s jails disagree. Nick Hig- to be threatening and intimidating escorted to the makeshift library to gins, the chief librarian for the Brook- students, they should look in a mirror peruse and check out books. Then, lyn Public Library, told the committee at #txst,” she tweeted. the remaining books are packed that if each jail had a dedicated library, The Foundation for Individual away into a closet until the following “we can do so much more.” Reported Rights in Education (FIRE) said Friday. in: Gothamist, February 27, 2019. the university made the right call in For people in New York’s other rejecting the attempt to ban Turning eight jail buildings, that leaves the GOVERNMENT SPEECH Point USA. “The student govern- book cart. Librarians of the city’s pub- Washington, D.C. ment is free to call on the university lic library systems bring a book cart When government agencies remove to ban TPUSA, but it’s a request that around to the housing units where references to certain types of

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discrimination from government nationwide injunction prohibiting A third of households with school- websites, does this mean the govern- OCR from enforcing discrimination age children that do not have home ment will no longer try to prevent on the basis of gender identity. internet cite the expense as the main such discrimination? The Sunlight Foundation wrote at reason, according to federal Educa- In the Spring of 2017, the Office the time that more content about pro- tion Department statistics gathered in for Civil Rights (OCR) at the hibitions on sex discrimination was 2017 and released in May. The sur- Department of Health and Human removed than appeared necessary to vey found the number of households Services quietly changed information reflect the injunction. without internet has been declining on its website related to Section 1557 The new rules indicate that advo- overall but was still at 14 percent for and discrimination against transgen- cates were right when they suspected metropolitan areas and 18 percent in der and gender nonconforming people that the Trump administration might nonmetropolitan areas. Reported in: in healthcare settings. The changes seek to officially reinterpret Section Associated Press, June 10, 2019. were documented by the Web Integ- 1557 to exclude transgender and gen- rity Project in 2018 (see JIFP, Fall der non-conforming individuals from Augusta, Maine 2017–Winter 2018, page 70). sex discrimination protections. Can state laws effectively replace New regulations announced on The administration framed the new national “net neutrality” regula- May 24, 2019, would roll back pro- rules as reflecting lawmakers’ intent tions issued by Federal Communica- tections for transgender and gender when Section 1557 was first enacted. tions Commission under the Obama nonconforming patients in health- Reported in: SunlightFoundation. administration, then rescinded under care settings. The proposed new com, May 29, 2019. the Trump administration? rules reinterpret Section 1557 of the Maine joined a growing number of Affordable Care Act to exclude “gen- INTERNET states passing net neutrality laws. On der identity” as a prohibited basis for United States June 25, 2019, Governor Janet Mills discrimination. Are students’ rights to an education signed into law a bill that prohibits the With both the proposed changes curtailed when they have no com- state from using funds to pay inter- to the rule, and the changes to text puter or internet at home? net service providers (ISPs) unless on the OCR website, “The current An Associated Press analysis of they adhere to “net neutral” services. administration has rewritten large census data indicates that nearly three Specifically, the bill defines “net neu- swaths of the implementing regu- million students around the United tral” services as a promise not to block lations of Section 1557 to limit the States struggle to keep up with their lawful content, not to throttle inter- definition of discrimination, meaning studies because they have no home net speeds, and to not engage in paid women, LGBTQ people and limited internet. Unlike classrooms, where prioritization. English proficient individuals may access to laptops and the internet is “The internet is a powerful eco- again be shut out of vital health ser- nearly universal, at home, the cost of nomic and educational tool that can vices and care because of biases against internet service and gaps in its avail- open doors of opportunity for Maine them,” said National Health Law Pro- ability affect both urban and rural people and small businesses,” Mills gram Executive Director Elizabeth G. areas, the AP found. said in a statement announcing her Taylor in a press release. In this “homework gap,” an esti- signing of the bill. “That potential At issue was whether Section 1557 mated 17 percent of US students do should not be limited by internet ser- of the Affordable Care Act, which not have access to computers at home, vice providers interested in increasing prohibits discrimination based on and 18 percent do not have home their profits. I hope net neutrality will sex, could be interpreted to also pro- access to broadband internet. be fully restored in federal law, but in hibit discrimination on the basis of Students without home internet the meantime I welcome this new law gender identity and termination of consistently score lower in reading, as a positive step forward for Maine pregnancy. The Obama administra- math, and science. and as a sign that we will protect tion had determined that the law did Students without internet at home a free and open internet for Maine empower HHS to enforce prohibi- are more likely to be students of color, people.” tions on such discrimination. But a from low-income families, or in Maine’s new law is similar to ones federal court in Texas ruled against households with lower parental educa- working their way through state legis- that view of the law, and issued a tion levels. latures in New York and New Jersey.

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In 2018, two states—California and PRIVACY on them over the previous five years. Vermont—passed net neutrality bills, Washington, D.C. They also give applicants the option but both states agreed to halt their How much information should the to volunteer information about social implementation in the midst of being government collect from foreigners media accounts on platforms not listed sued. Those bills will not go into who want to enter the country? on the form. effect while a federal court battle over The US State Department is now In addition to their social media the Federal Communications Com- requiring nearly all applicants for histories, visa applicants are now mission’s (FCC) repeal plays out. A US visas to submit their social media asked for five years of previously used decision from the United States Court usernames, previous email addresses, telephone numbers, email addresses, of Appeals District of Columbia Cir- and phone numbers. In a vast expan- international travel and deportation cuit is expected this year. Reported sion of the Trump administration’s status, as well as whether any family in: Daily Dot, June 26, 2019. enhanced screening of potential members have been involved in ter- immigrants and visitors, the depart- rorist activities. FREE SPEECH ment announced updated immigrant Only applicants for certain dip- San Antonio, Texas and nonimmigrant visa forms that lomatic and official visa types are Are business owners’ First Amend- now request additional information, exempted from the requirements. ment rights violated when a govern- including “social media identifiers,” Reported in: Associated Press, June 1, ment stops them from opening a store from almost all applicants. 2019. because of their religious beliefs and The change, first proposed in political donations? March 2018, is expected to affect Washington, D.C., and The San Antonio City Council about 15 million foreigners who apply many localities voted to exclude Chick-fil-A from the for visas to enter the United States Should federal agents have access to city’s airport because the restaurant each year. state and local license plate and driv- chain’s Christian owners have donated Social media, email, and phone ers’ records—including automated to organizations that champion the number histories had only been license plate readers that can track belief that marriage is between a man sought in the past from applicants who a vehicle’s location—to help them and a woman. In mid-April 2019, the were identified for extra scrutiny, such deport undocumented immigrants? council narrowly rejected a proposal as people who had traveled to areas More than 80 law enforcement to reconsider its decision. controlled by terrorist organizations. agencies in the United States have “Such censorship is blatantly An estimated 65,000 applicants per agreed to share with US Immigra- unconstitutional,” declared an edito- year had fallen into that category. tion and Customs Enforcement (ICE) rial in the San Antonio Express-News. The department says collecting the license plate information that supports The newspaper wrote, “This inci- additional information from more its arrests and deportation efforts, dent is symptomatic of deeper prob- applicants “will strengthen our pro- according to the American Civil Lib- lems. Many people believe they have cess for vetting these applicants and erties Union (ACLU), which obtained the absolute truth with regard to confirming their identity.” a trove of internal agency records. issues of morality, sexuality, religion The new rules apply to virtually all The documents acquired by the or politics, and that those who dis- applicants for immigrant and nonim- ACLU show that ICE obtained access agree are evil and must be censored or migrant visas. When it filed its ini- to a database with license plate infor- excluded. Similarly, many see peo- tial notice to make the change, the mation collected in dozens of counties ple as fragile and argue that offensive department estimated it would affect across the United States—data that speech is violence.” 710,000 immigrant visa applicants and helped the agency to track people’s The editorial concludes, “This out- 14 million nonimmigrant visa appli- locations in real time. Emails revealed look corrodes our free speech foun- cants, including those who want to that police have also informally given dations and should be rejected by all come to the United States for business driver information to immigration those who value the First Amend- or education. officers requesting those details in ment.” Reported in: San Antonio The new visa application forms list communications that the ACLU said Express-News, April 21, 2019. a number of social media platforms appeared to violate local laws and and require the applicant to provide ICE’s own privacy rules. any account names they may have had

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The files, which the ACLU privacy ordinances that require over- Despite their expansion, the DHS obtained through a Freedom of Infor- sight when police buy surveillance programs have not proven successful, mation Act request, have raised fresh technology. Reported in: The Guard- even based on the department’s own concerns about ICE’s monitoring of ian, March 13, 2019. measures. For example, after USCIS immigrants and the way local police piloted five social media monitor- aid the Trump administration’s depor- Washington, D.C. ing programs in 2016, the agency’s tation agenda. How much data does the US Depart- own evaluations found the programs ICE has taken advantage of ment of Homeland Security (DHS) largely ineffective in identifying expanded automated license plate rec- collect from social media? Is the threats to public safety or national ognition technology, which allows information accurate, free from bias, security. cameras to take images of plates and and effective in enhancing national The Brennan Center lists several link them to specific locations. security? of the central challenges associated The documents show that ICE DHS has dramatically expanded with social media monitoring. One is allowed agents—more than 9,000 its monitoring of social media mon- the difficulty of interpreting what’s in of them, according to one email— itoring in recent years, collecting a the social media messages and con- working on civil immigration cases vast amount of user information in necting them to actual threats. These to search a license plate reader data- the process—including political and interpretation problems become even base maintained by Vigilant Solutions, religious views, data about physical more complex when a non-English a private data analytics company, for and mental health, and the identity language or unfamiliar cultural con- files going back five years. of family and friends. DHS increas- text is involved. The programs them- “It’s a huge invasion of privacy,” ingly uses this information for vetting selves also carry civil liberties risks. Vasudha Talla, an ACLU staff attor- and analysis, including for individuals “They give the government a pool ney, told The Guardian. “Location seeking to enter the United States and of information about people’s per- surveillance and location data can for both US and international travel- sonal lives and political and religious really paint such an intimate portrait ers. In a new report, Social Media Mon- beliefs that can easily be abused. And of someone’s life, down to what they itoring, the Brennan Center provides research shows that people censor do minute by minute.” The five-year an overview of DHS social media themselves when they know the gov- broad timeframe, Talla argued, risked monitoring programs and the new set ernment is watching,” said Rachel dragging in associates of the individ- of challenges that they are surfacing. Levinson-Waldman, senior counsel ual being investigated, or anyone who The Brennan Center says, “There in the Brennan Center’s Liberty and had a tie to a license plate over that is little indication that social media National Security Program. period. monitoring programs—or the algo- Another concern in social media An ICE spokesperson, Matthew rithms that sometimes power them— monitoring programs is the increas- Bourke, defended the use of license are effective in achieving their stated ing use of algorithmic tools to review plate information for investigations, goals. Additionally, there is evidence social media posts. These tools, which saying the agency was not building that DHS is using personal informa- include natural language processing its own database and that it would tion extracted from social media posts and algorithmic tone and sentiment not use the data to track individuals to target protestors and religious and analysis, have high error rates. This with no connection to ICE enforce- ethnic minorities for increased vetting makes it questionable that they are ment. ICE doesn’t take action against and surveillance.” actually capable of achieving DHS someone solely based on license plate According to the Brennan Center, objectives, particularly because of the data, he wrote in an email, adding the social media monitoring is used open-ended nature of the evaluations that the agency limited database access across various arms of DHS, includ- they are used for, such as identifying to ICE employees who “need [license ing Customs and Border Protection national security threats. Further, the plate] data for their mission-related (CBP), the Transportation Security algorithms are susceptible to bias. purposes.” Administration (TSA), US Immigra- “Our experience with algorithmic The ACLU has called on cities to tion and Customs Enforcement (ICE), tools shows that they tend to oper- reject contracts for license plate sur- and US Citizenship and Immigration ate in a discriminatory fashion,” said veillance, to stop sharing this kind of Services (USCIS). Faiza Patel, co-director of the Bren- data with ICE, and to pass proactive nan Center’s Liberty and National

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Security Program. “They make judg- certain types of data, either three series. In an overview of how new ments based on proxies, and when months or eighteen months. After camera technology threatens privacy these proxies reflect biases, the results that, the information is automatically he, wrote: produced by an algorithm simply deleted. For now, the auto-delete fea- reproduce those biases. For example, ture is only available for “Web & App Advances in computer vision are the biases evident in the early ver- Activity,” which tracks searches and giving machines the ability to dis- sions of the Trump administration’s other browsing data. The company tinguish and track faces, to make Muslim ban could be coded into an will offer options across more services guesses about people’s behaviors and algorithm, resulting in the flagging in the future. intentions, and to comprehend and of many Muslims as a national secu- By default, however, Google will navigate threats in the physical envi- rity threat.” Since even before the continue to indefinitely retain the ronment. In China, smart cameras sit ban, federal agencies such as the FBI web and app activity data accord- at the foundation of an all-encom- and the Department of Defense have ing to users’ current settings. When passing surveillance totalitarianism used religious beliefs as markers of auto-delete is not turned on, the web unprecedented in human history. dangerousness. and app activity page says, “Your In the West, intelligent cameras are One barrier to addressing DHS’s activity is being kept until you delete now being sold as cheap solutions to expansion of its social media moni- it manually.” nearly every private and public woe, toring programs is the lack of visibil- At the same I/O conference, Goo- from catching cheating spouses and ity into the full scope of the depart- gle announced a “privacy pledge” for package thieves to preventing school ment’s surveillance capabilities, a gap its smart home devices, apparently in shootings and immigration violations. the Brennan Center report seeks to response to revelations that some Nest address. devices contained a previously undoc- Among recent developments cited in “Congress should look closely umented microphone. Manjoo’s column: at these DHS programs and ask the The company also announced a basic questions,” said Patel. “In what new measure meant to expand the ● In May, San Francisco’s board of contexts is the Department moni- security offerings for Nest accounts— supervisors voted to ban the use toring social media? How is it veri- perhaps because of an epidemic of of facial-recognition technolo- fying the accuracy of accounts being Nest account takeovers. Beginning gy by the city’s police and other attributed to individuals? What kinds this summer, users will be able to agencies. of decisions is it using this data for? migrate their Nest accounts into a ● Detroit signed a $1 million deal How is the information being shared? new or existing Google account so with DataWorks Plus, a facial rec- And how is the effectiveness of these they can have access to Google secu- ognition vendor, for software that programs being measured?” Reported rity features like suspicious activity allows for continuous screening in: brennancenter.org, May 22, 2019. monitoring and expanded options of hundreds of private and public for two-factor authentication. (Nest cameras set up around the city. Mountain View, California already offers two-factor authentica- ● Some police departments want to For users concerned that Google col- tion, so users can activate that to ward use “facial recognition on forensic lects too much of their personal data, off takeovers without linking even sketches . . . a process riddled with will Google’s new security and pri- more data to their Google account.) the sort of human subjectivity that vacy features satisfy them? Reported in: wired.com, May 7, 2019. facial recognition was supposed to At its annual I/O developer con- obviate.” ference in Mountain View, Califor- San Francisco, California; nia, on May 7, 2019, Google touted Detroit, Michigan, and Manjoo concluded: new settings that allow anyone with a nationwide Google account to start limiting how “What are we going to do about all What sort of rules should we impose long their data gets stored. The com- the cameras?” on law enforcement’s use of facial pany also announced changes to its That question keeps New York recognition? What about on the use Nest home security system. Times columnist Farhad Manjoo up of smart cameras by our friends and The new data settings allow users at night, he related in an opinion col- neighbors, in their cars and doorbells? to set a time limit for Google to retain umn in the Time’s “Privacy Project” In short, who has the right to surveil

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others—and under what circum- members who use the app. This system currently. But no federal or stances can you object? means that many people in the photos state law would prevent use of the It will take time and careful study have no knowledge of or control over technology. to answer these questions. But we their images being uploaded, even if Facial recognition has long been have time. There’s no need to rush the Ever app user consented to the used on static images, but using the into the unknown. Let’s stop using firm’s privacy policy. technology with real-time video is facial recognition immediately, at And the privacy policy was vague. less common. It has become practi- least until we figure out what is going In the previous privacy policy, the cal only through recent advances in on. only indication that the photos would AI and computer vision, although be used for another purpose was a sin- it remains significantly less accurate Reported in: New York Times, May gle line: “Your files may be used to than facial recognition under con- 16, 2019. help improve and train our products trolled circumstances. and these technologies.” Privacy advocates say ongoing use San Francisco, California On April 15, one week after NBC of the technology in this way would When people store, share, or save per- News first contacted Ever, the com- redefine the traditional anonymity of sonal photos on a commercial website, pany added a sentence to explain what public spaces. “Historically we hav- should they be informed if the corpo- it meant: “Some of these technologies en’t had to regulate privacy in pub- ration will use their photos in its facial may be used in our separate products lic because it’s been too expensive for recognition technology? and services for enterprise customers, any entity to track our whereabouts,” The Ever AI website promotes that including our enterprise face recog- says Evan Selinger, a professor at the the company possesses an “ever- nition offerings, but your files and Rochester Institute of Technology. expanding private global dataset of 13 personal information will not be,” the “This is a game changer.” billion photos and videos” from what policy now states. Reported in: NBC According to the report, Detroit the company said are tens of mil- News, May 9, 2019. first purchased a facial recognition lions of users in 95 countries. Ever AI system capable of real-time analysis in uses the photos in developing its face Chicago, Illinois, and July 2017 as part of a three-year con- recognition technology, which the Detroit, Michigan tract related to an unusual commu- company says can estimate emotion, How invasive and pervasive are facial nity policing program called Project ethnicity, gender, and age. A com- recognition technologies used by Greenlight. To deter late-night crime, pany representative confirmed in an police and other authorities in US gas stations and other businesses interview with NBC News that those cities? hooked up cameras that fed live sur- photos come from users of the firm’s A report by the Center on Privacy veillance footage to police department Ever app, which offers people a way to and Technology at the Georgetown analysts. The program expanded over store photos and save memory space in University law school, published on the years to stream footage to police their electronic devices. May 16, 2019, and entitled America from more than 500 locations, includ- After NBC News asked the com- Under Watch: Face Surveillance in the ing churches and reproductive health pany in April if users had consented to United States, uncovered unregulated clinics. their photos being used to train facial systems in Chicago and Detroit that Chicago’s adoption of FaceWatch recognition software that could be give police the ability to identify faces Plus goes back to at least 2016, the sold to the police and the military, the from surveillance footage in real time. report says. According to a description company posted an updated privacy Both cities purchased software from a of the program—found in DataWorks policy on the app’s website. South Carolina company, DataWorks Plus’ pitch to Detroit—the “project Previously, the privacy policy Plus, according to contracts obtained objective” involved tapping into Chi- explained that facial recognition by the Georgetown researchers. A cago’s 20,000 street and transit cam- technology was used to help “orga- description on the company’s website eras. Chicago police told the research- nize your files and enable you to share says the technology, called FaceWatch ers the system was never turned on. them with the right people.” The app Plus, “provides continuous screening Illinois is one of only three states with has an opt-in face-tagging feature and monitoring of live video streams.” biometric-identification laws that much like Facebook that allows users Chicago claims it has not used its require consent from people before to search for specific friends or family system; Detroit says it is not using its companies collect biometric markers,

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like fingerprints and face data, but are simultaneously more likely to and would likely be the subject of public agencies are exempted. be enrolled in face recognition legal action. Georgetown’s findings show how databases and to be the targets The new law, which goes into the lack of federal rules on facial rec- of police surveillance use. Com- effect on July 1, 2020, would require ognition may create a patchwork of pounding this, studies continue providers to ask for permission before surveillance regimes inside the United to show that face recognition they sell or share any of their cus- States. In Chicago and Detroit, citizens performs differently depending tomers’ data to a third party. The in public are watched by cameras that on the age, gender, and race of the law would also apply to telecom- could be connected to software check- person being searched. This creates munications companies that provide ing every face passing by. Police in the risk that African Americans access to the internet via their cellular Orlando and New York City are test- will disproportionately bear the networks. ing similar technology in pilot projects. harms of face recognition mis- The law is modeled on a US Fed- For millions of others in New York identification. eral Communications Commission City, Orlando, and Washington, D.C., rule, adopted under the administra- face surveillance is also on the hori- The Center on Privacy & Technol- tion of President Obama but over- zon. And for the rest of the coun- ogy said the in the two years since it turned by the administration of Presi- try, there are no practical restrictions issued an earlier report on police use dent Trump in 2017. The rule blocked against the deployment of face sur- of face recognition technology in the an ISP from selling a customer’s per- veillance by federal, state, or local law United States, “a dramatic range of sonal data, which is not prohibited enforcement. abuse and bias has surfaced.” under federal law. The Georgetown report said there Therefore, the Georgetown report According to the Press Herald, “The has been little public oversight of ends with a recommendation: “We law is unlike any in the nation, as such systems in Chicago, Detroit, or now believe that state, local, and fed- it requires an ISP to obtain consent elsewhere. eral government should place a mor- from a consumer before sharing any Such surveillance “risks fundamen- atorium on police use of face recog- data. Only California has a similar tally changing the nature of our pub- nition. . . . Once bans or moratoria law on the books, but it requires con- lic spaces,” according to the George- are in place, communities can stop to sumers to “opt out” by asking their town report. It lists specific concerns: think about whether face surveillance ISP to protect their data.” should be allowed in their streets and The Maine bill passed with strong ● Free Speech. When used on neighborhoods.” Reported in: America bipartisan support. Reported in: Port- public gatherings, face surveillance Under Watch, May 16, 2019; wired. land Press Herald, June 6, 2019. may have a chilling effect on our com, May 17. First Amendment rights to un- Lockport, New York abridged free speech and peaceful Augusta, Maine Which school district will become the assembly. Will a new law protecting consumers’ first in the United States to implement ● Privacy. If mounted on churches, privacy online in Maine affect how a facial recognition system to track all health clinics, community cen- internet service providers (ISPs) do the visitors, students, faculty, and staff ters, and schools, face surveillance business in other states as well, or will members in its schools? cameras risk revealing a person’s court challenges prevent the law from The Lockport City School District “familial, political, professional, going into effect? in Western New York state was set religious, and sexual associations,” On June 6, Maine Governor Janet to activate a pilot version of its Aegis the very “privacies of life” that Mills signed into law a bill that the system on June 3, 2019, and planned the Supreme Court in Carpenter Portland Press Herald said requires ISPs make the whole system operational v. United States (2018) suggested to provide “the strictest consumer pri- throughout its eight schools in Sep- receive protection under the US vacy protections in the nation.” tember. However, on May 30, the Constitution. Before the bill’s passage, several New York State Department of Edu- ● Bias. The risks of face sur- technology and communication trade cation asked Lockport to delay its use veillance are likely to be borne groups told the Maine legislature that of facial recognition technology on disproportionately by communi- it may be in conflict with federal law students. ties of color. African Americans

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In March 2018, Lockport anyone believed to pose a threat based Reported in: Buzzfeed, May 29, announced plans to install facial rec- on credible information presented May 30, 2019. ognition security, funded through to the District.” The Lockport Jour- the New York Smart Schools Bond nal reported that Aegis also includes Salt Lake City, Utah Act—an act meant to help New York an object recognition system, which Do police need a warrant to obtain schools acquire instructional tech- is said to be able to detect 10 types of citizens’ private information from nology. Instead of buying electronic guns. providers of electronic data services? devices for students and teachers, The FAQ adds that the system In Utah, the answer is yes. Lockport proposed a high-tech secu- “will not generate information on or Utah Governor Gary Herbert on rity system, and allocated much of record the movements of any other March 17, 2019, signed a new pri- the $4.2 million it was given toward district students, staff or visitors,” vacy law that made his state the first adding dozens of surveillance cameras but previous reporting from Buzz- to protect private electronic data, in the school and installing the facial Feed News has shown that in order to stored with third-party providers, recognition system Aegis, from a effectively flag the faces of “persons from government access without a Canadian firm, SN Technologies. By of interest,” facial recognition systems warrant. Under the legislation passed the end of May 2019, Lockport had must also disregard the faces of per- unanimously by the Utah legisla- spent $1.4 million to get the system sons who are not of interest. In other ture, to go into effect on May 14, law up and running. words, it analyzes them, too. enforcement agencies need a warrant The American Civil Liberties Explaining its decision to post- to obtain information about an indi- Union, which wrote to the state pone facial recognition in Lock- vidual from wireless communications Department of Education opposing port’s schools, the New York State providers, email platforms, search Lockport’s plan, told BuzzFeed News Department of Education emailed a engine providers, or social media that Lockport was about to be the first statement: companies. public school district to begin using Previously, on both the federal and a facial recognition system, although The Department is currently review- state levels, law enforcement agencies other schools have considered such ing the Lockport CSD’s privacy generally had access to information technology. assessment to ensure that student data through third-party providers on the As described by Lockport officials will be protected with the addition grounds that individuals have no rea- in an FAQ distributed to the school’s of the new technology. The Depart- sonable expectation of privacy when parents and obtained by BuzzFeed ment has not come to the conclusion they share their personal information News, “Aegis is an early warning that the District has demonstrated with third parties. system that informs staff of threats the necessary framework is in place The US Supreme Court limited including guns or individuals who to protect the privacy of data sub- that access in 2018 in its 5–4 opinion have been identified as not allowed jects and properly secure the data. As in Carpenter v. United States, in which in our buildings. Aegis has the ability such, it is the Department’s contin- the majority held that the govern- [to screen] every door and throughout ued recommendation that the Dis- ment’s search of personal cell phone buildings to identify people or guns. trict delay its use of facial recognition location information held by a wire- Early detection of a threat to our technology. less communications provider con- schools allows for a quicker and more Regulations are in the process stitutes a Fourth Amendment search, effective response.” of being finalized that will adopt a and therefore requires a warrant. According to the FAQ, Aegis will standard for data privacy and security However, the opinion did not extend track individuals who are “level 2 or for all state educational agencies. We beyond location information, and the 3 sex offenders, students who have recommended in past communication dissenting justices urged that legisla- been suspended from school, staff that the District consider reviewing tion was needed to govern this body who have been suspended and/or are the standard and related materials in of law in a new age of technology. on administrative leave, any persons developing and refining its data secu- Utah’s new law specifically states that have been notified that they may rity and privacy program. We will that “a law enforcement agency may not be present on District property, remain in contact with school district not obtain, without a search war- anyone prohibited from entry to Dis- officials. rant issued by a court upon probable trict property by court order . . . or cause,” the location information from

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an electronic device or “electronic technology uses artificial intelligence not they want to purchase a record- information or data transmitted by the to manipulate images and videos ing plan. . . . Ring does not support owner of the electronic information nearly seamlessly, for example to put programs that require recipients to or data to a remote computing service one person’s face on another per- subscribe to a recording plan or that provider.” The law defines “elec- son’s body.) An updated law, which footage from Ring devices be shared tronic information or data” broadly took effect on July 1, 2019, amends as a condition for receiving a donated to include “a sign, signal, writing, an existing law that says anyone who device.” image, sound, or intelligence of any shares or sells nude or sexual images More than fifty local police depart- nature transmitted or stored in whole and videos to “coerce, harass, or ments across the United States have or in part by a wire, radio, electro- intimidate” is guilty of a Class 1 mis- partnered with Ring over the last two magnetic, photoelectronic, or pho- demeanor. The update adds language years, giving them access to security tooptical system.” about “a falsely created videographic footage in suburban neighborhoods There are specific exceptions, such or still image.” that otherwise might not be covered as when the third-party provider The Virginia General Assem- by security cameras. believes an emergency exists with risk bly passed the updated bill in March, Amazon bought Ring in 2018 for a of death, serious physical injury, or and it was signed by Governor Ralph reported $1 billion, helping Amazon sexual abuse. Northam in the same month. expand its “smart homes” business. Among other things the bill: Deepfakes are leading to growing Multiple cities have laws requiring concern about privacy. In June 2019, a public process to debate how police ● Requires a search warrant to ob- an app called DeepNude, which can use and buy surveillance technology. tain certain electronic information morph pictures of clothed women But when police and Amazon con- or data; into nudes, shut down. Samsung also vince private residents to buy these ● Specifies when notification must developed an artificial intelligence cameras, this can circumvent that be provided that electronic infor- system that can create a fake clip process while saving the city money. mation or data were obtained; from a single picture. In 2018, Reddit Ring cameras can cost between $99 ● Regulates transmission of elec- banned deepfake porn. Reported in: and $500. tronic information or data to a cnet.com, July 1, 2019. Police can get additional infor- remote computing service, includ- mation by adding their own tech- ing restrictions on government Seattle, Washington, and nology to that of Ring and Amazon. entities; nationwide Depending on how the Ring camera ● Provides that the individual who Amazon’s “Ring” doorbell system is set up, it can capture motion on the transmits electronic information “has essentially created private sur- streets, such as cars passing by. Police or data is the presumed owner of veillance networks powered by Ama- can enter details on a car from Ring the electronic information or data; zon and promoted by police depart- footage into an automated license and ments,” according to cnet.com. plate reader system, and figure out the ● Excludes from evidence electron- Police departments across the car’s owner and address. Reported in: ic information or data obtained United States have offered free or cnet.com, June 5, 2019. without a warrant. discounted Ring doorbells to citi- zens, sometimes using taxpayer funds Seattle, Washington Reported in: le.utah.gov, n.d.; to pay for Amazon’s products. While Does Amazon’s Echo Dot Kids, a Cyber Adviser, March 28, 2019; Data Ring owners are supposed to have a smart speaker designed for children, Privacy + Security Insider, April 1. choice in providing footage to police, illegally keep data on children, even in some giveaways, police require after their parents try to delete it? Richmond, Virginia recipients to turn over footage when A coalition of nineteen consumer Does publication of fake images vio- requested. and public health advocates led by the late a victim’s privacy the same way Ring said on June 4, 2019, that it Campaign for a Commercial-Free publication of actual images would? would start cracking down on those Childhood (CCFC) and the Center Virginia has expanded its ban strings attached. “Ring customers are for Digital Democracy (CDD), filed on revenge porn to include “deep- in control of their videos, when they a complaint asking the Federal Trade fake” images and videos. (Deepfake decide to share them and whether or

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Commission (FTC) to investigate INTERNATIONAL regulators and is committed to com- Amazon and its $35 device. Dublin, Ireland plying with the GDPR. Reported in: Amazon markets the device as “a Is Google complying with Europe’s Reuters, May 22, 2019. kid-friendly study buddy, DJ, come- new General Data Protection Regula- dian, storyteller, and more,” and tion (GDPR)? Luxembourg City, promises “peace of mind” for parents Ireland’s Data Protection Com- Luxembourg who want to screen explicit music missioner (DPC), a major regulator of Should internet service providers and and other potentially harmful content internet companies in the European other electronic platforms be held from their kids. But the complaint Union, opened its first investigation responsible when users post material alleges that parents may be risking into Google on May 22, 2019, over that infringes on the content creator’s their children’s privacy, alleging that how it handles personal data for the copyright? And will the European the kids’ version of Amazon’s Alexa purpose of advertising. Union’s new Copyright Directive won’t forget what children tell it, The commissioner said the probe lead to excessive censorship as plat- even after parents try to delete the was the result of a number of submis- forms try to protect themselves from conversations. sions against Google, including from liability? “These are children talking in privacy-focused web browser Brave. In March 2019, the European their own homes about anything and Brave argued that when a person vis- Union passed the burden for copy- everything,” said Josh Golin, who its a website, Google collects inti- right infringement from users to plat- directs the Campaign for a Commer- mate personal data that describes them forms under its new Copyright Direc- cial Free Childhood. “Why is Ama- and what they are doing online and tive. In May 2019, Poland, a member zon keeping these voice recordings?” broadcasts the data to tens or hun- of the EU, filed a legal challenge to The coalition of groups led by dreds of companies without the per- the directive, saying that it will lead Golin’s organization, along with son’s knowledge. to “preventive censorship.” Georgetown University’s Institute The Irish DPC said it would inves- The Copyright Directive was first for Public Representation, allege that tigate whether processing of personal proposed in 2016, and went through Amazon is violating the federal Chil- data carried out at each stage of an numerous failed votes and subsequent dren’s Online Privacy Protection Act advertising transaction was in compli- tweaks before it was passed. Propo- (COPPA). ance with the GDPR. The European nents of the law said that it was about Amazon said in a statement that its Union passed the privacy law in 2018. making sure fair compensation went Echo Dot Kids Edition is compliant Many large international tech- to content creators—news sites, musi- with COPPA. nology firms have their European cians, or artists, for example. It is unclear whether the FTC will headquarters in Ireland, putting them Yet critics—including the Pol- take up the complaint, since its inves- under the watch of the Irish DPC. ish government—say the law’s vague tigations are rarely public. But the The regulator said earlier this definitions and a lack of clarity about agency has been enforcing children’s month that it had fifty-one large-scale how to enforce such measures means privacy rules more seriously in the investigations under way, seventeen that platforms are likely to over-filter past year, said Allison Fitzpatrick, a of which related to large technology content rather than leave themselves lawyer who helps companies comply firms, including Twitter, LinkedIn, open to legal risks. with COPPA requirements and was Apple, and Facebook and its In its filing with the European not involved in the complaint. WhatsApp and Instagram subsidiaries. Union’s Court of Justice in Luxem- For the FTC to take notice, how- Under the EU’s GDPR, regulators bourg, the Polish government says ever, Fitzpatrick said there usually have the power to impose fines for that the Copyright Directive “may needs to be evidence of “real, actual violations of up to 4 percent of a com- result in adopting regulations that are harm,” not just the theoretical harm pany’s global revenue, or 20 million analogous to preventive censorship, she said advocacy groups often out- euros, whichever is higher. which is forbidden not only in the line. Reported in: CBS News, May 9, When Brave raised its privacy Polish constitution but also in the EU 2019. concerns about Google in Septem- treaties.” ber 2018, Google said it had already Alongside the announcement, Pol- implemented strong privacy protec- ish Prime Minister Mateusz Moraw- tions in consultation with European iecki, tweeted that the new law is “a

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disproportionate measure that fuels users breaching rules as long as the something they don’t own the rights censorship and threatens freedom of company took reasonable steps to to. Reported in: techspot.com, May expression.” remove anything infringing. Under 27, 2019. Under prior copyright law, plat- the new system, a platform would forms were not responsible for their be liable the moment a user uploads

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