Think about and reflect on your learnings from this module, then make a substantive post about those learnings. If you gained some insight, share it.
https://www.ala.org/advocacy/net-neutrality
Craddock v. Comstock, 1902
GrazEdComstock1902.pdfDownload GrazEdComstock1902.pdf
“Girls Lean Back Everywhere” Edward de Grazia’s treatise on artistic persecution, begins with the suicide of Ida Craddock in 1902 after the destruction of her livelihood and reputation by the infamous Anthony Comstock. (only the first five pages)
[The Instructor General’s warning: some text in this article may be considered harmful or indecent by some.]
Modern Comstockery
Fast forward to 1995, read the following article by Cato Institute: https://www.cato.org/sites/cato.org/files/pubs/pdf/pa232.pdf
Corn-Revere, Robert. 1995. “Links to an external site.New Age Comstockery: Exon Vs The Internet” Cato Policy Analysis No. 232Links to an external site..
Pay special attention to the discussion of the concept of “(in)decency” in terms of its legality.
ALA Office of Intellectual Freedom
Make sure you visit https://www.ala.org/aboutala/offices/oif. and know all that is available on this website. Consider the following questions as you get to know this important ALA office:
Can you name a few major topics that fall under the responsibilities of this office?
What are important activities on librarians annual calendar?
What resources can you find here that are useful to your library?
When do you contact this office?
Websites
The following two websites are most pertinent to information policies related to libraries and librarians:
American Library Association, https://www.ala.org/advocacy/federal-resources
https://www.house.gov/the-house-explained/legislative-branch-partners/government-printing-office
https://www.fdlp.gov/
Information Policies
Information is important in our society. It is often said that we live in an information society. Policies that affect the creation, organization, use and dissemination of information become critical in such a milieu.
Definition: Information policy is any law, regulation, rule, or practice (written or unwritten) that affects the creation, acquisition, organization, dissemination, or evaluation of information. (Rubin, p. 121)
Usually information policy is discussed in the context of governmental legislation or rule-making, focusing on areas like information technology for educational and industrial uses, telecommunications, copyright and intellectual property, privacy, and governmental information systems. At the Federal and level, information policy is established by statute—the laws passed by Congress—and by regulation—rules adopted by Federal government agencies. At the state level there is a similar process, with laws being enacted by the state legislatures, and regulations adopted by state agencies. Local governments also establish ordinances and regulations that create information policy.
Federal laws are codified in the U. S. Code (abbreviated USC, see http://www4.law.cornell.edu/uscode/), and Federal regulations are codified in the Code of Federal Regulations (abbreviated CFR, see https://www.ecfr.gov/cgi-bin/ECFR?page=browse). In Texas statutes are codified in a number of codes; most of those pertaining to information policy are in the Government Code (abbreviated GC, see http://www.statutes.legis.state.tx.us/ and select government code). In Texas, state agency regulations are codified in the Texas Administrative Code (abbreviated TAC, see http://www.sos.state.tx.us/tac/).
The rule-writing process, whereby government agencies adopt regulations, is structured and prescribed. Agencies must have statutory authority to make regulations in the area in question. Proposed regulations must be published for public review and comment. At the Federal level proposed regulations are published in the Federal Register (see https://www.federalregister.gov/). In Texas are published in the Texas Register (see http://www.sos.state.tx.us/texreg/index.shtml). Government agencies must accept comment on proposed regulations and must respond to comments either by incorporating suggestions into revising the proposed regulation or by explaining why not. Once the comment period has expired, the agency may then proceed to adopt the regulation either as originally proposed or as revised in light of comment received. Stakeholders are thus given the opportunity to participate in the rule-making process.
In U.S. information policy there is often a fundamental tension between entrepreneurship and democracy. Information is often seen as a commodity, a form of property that can help provide a competitive edge in the marketplace. There is an incentive to keep such information private in order to improve corporate profitability or personal wealth. On the other hand, democratic values promote open access to information as a basic right. The free flow of ideas is essential to the proper functioning of a democracy. This is not to say that capitalism and democracy are antithetical; it is merely to suggest that the development of information policy in a democratic society requires a careful balancing of social, economic and political interests.
Stakeholders in Information Policy:
Any individual or group that has an interest in the elements of information policy may be considered a stakeholder. These include:
Business and Industry:
Discovery of New Knowledge: need to protect proprietary information like inventions; patent and copyright laws
Organization of existing knowledge
Government
Information is essential for decision making; local, state and federal governments are therefore in the business of collecting, organizing, evaluating, disseminating and controlling information: e.g. FOIA and NSA.
Information producers, Disseminators, Transmitters
Citizens, and those who represent their interests
Major Information Policy Issues:
Copyright or Intellectual Property Right: One of the most complex legal and ethical issues for librarians is the issue of copyright and intellectual property. Since this issue is so important there is a separate section of information in this module on Copyright.
Protecting the Privacy of Citizens: There are growing concerns that it is too easy for unauthorized individuals to gain access to records with information on our health, financial affairs, or buying habits. Therefore there is a growing interest in protecting citizen’s privacy from third party intrusions. Librarians must consider the confidentiality of patron records and circulation records. The contentious issues in this area are perhaps best represented by the Childhood Internet Protection Act, the USA Patriot Act which was recently reauthorized yet remains controversial, and net neutrality.
Promoting the Freedom of Information: It is vital that citizens have access to information about governmental activities, in order to protect their rights and to hold government accountable to the people. Examples of legislation in this area include the Freedom of Information Act of 1966 (FOIA), which was in turn followed by legislation at the state level in many states. Examples of such legislation in Texas include the Open Meetings Act, and the Public Information Act.
Promotion and Control of the Flow of Government Information: In recent years there has been a trend to reduce the amount of material being published by the federal Government Printing Office and to promote more use of digital information technology to provide access to government information. There is also a trend toward the privatization of information and removing responsibility for producing documents from GPO. (See the ALA Washington Office’s website: http://www.ala.org/offices/wo)
National Security Issues: While it is clearly appropriate for the government to restrict access to information that affects the security of the nation from foreign and domestic enemies, there is little consensus about what information might be included under such a heading. Some examples of conflicting notions about national security are the FBI’s Library Awareness Program, in which the Bureau attempted to obtain access to library circulation records in order to track potential terrorists; concerns about the export of cryptographic software; and more recently concerns about the National Security Agency (NSA) surveillance of international telecommunications.
Attempts to Control Artistic and Other Individual Expression: The government has from time to time attempted to limit certain types of expression as harmful or dangerous. There is a long history in the U.S. of attempts to suppress books, plays, and works of art. Examples include suppression of the import of James Joyce’s Ulysses, J. D. Salinger’s Catcher in the Rye, and more recently the Harry Potter books. Funding for the National Endowment for the Arts has occasionally been held hostage to the political or moral beliefs of some outspoken citizen groups, the effect of which is to limit free expression of ideas. Also from time to time suppression of specific groups, e.g. IRA, Black Panthers, may be related to limits to free expression. And of course sexually explicit materials often raise issues related to freedom of expression.
Education Legislation: Educational policy has a significant impact on libraries. For example, the No Child Left Behind Act (2003) created the Improving Literacy Through School Libraries Program, which provides some modest funding for school libraries.
Library Legislation: Included here is the Library of Congress, the Depository Library Program, and the Library Services and Technology Act, as well as the National Commission on Libraries and Information Science. See the American Library Association’s briefing on library funding at http://www.ala.org/advocacy/library-funding, which includes multiple links to additional information.
Telecommunications Legislation: Recently telecommunications policy has been increasingly important as the spread of the Internet has made access to, and cost of, telecommunication services a matter of significance to both business and the general public. Elsewhere in this module you will find a brief overview of the history of telecommunications policy in the United States. Although it is now a little dated, it still provides a useful overview of how telecommunications policy evolved.
(Credit: This essay is written by Dr. Robert Martin, former Director of Institute of Museum and Library Services, and Emeritus Professor of TWU SLIS.)
Exsample: ————————————
“Never comment on a customer’s book purchase when completing a sale, for fear that such comments could stifle a customer’s reading habits simply by making the customer aware that another person was privy to information that was possibly personal or embarrassing” (Robertson, 2011).
This quote in the Why library cards offer more privacy rights article brought the issue of patron privacy into sharp focus for me, because it had never occurred to me that commenting on a patron’s book could be a violation of their privacy. Honestly, every time I commented on what a patron was checking in or out, I was practically congratulating myself for being so dang relatable and friendly. After all, isn’t that what exceptional customer service is all about?
I understood (or thought I understood) the importance of keeping patrons’ records and personal information confidential, but I didn’t understand what kind of effect a lack of privacy could have “on users’ selection, access to, and use of library resources.” Or that “all users have a right to be free from any unreasonable intrusion into or surveillance of their lawful library use” (ALA, 2006). In other words, even though my comments were made innocuously enough, they could potentially inhibit patrons from searching for particular materials in the future, for fear of a lack of anonymity.
Working in a public library, I see part of my role as engaging with our community of readers, which seems impossible to do without having organic and honest conversations about books. However, I see now that the time and place for those conversations might not be at the check-out desk, unless the patron is the one initiating a conversation about their materials.
I’m curious about everyone else’s experiences with this topic. What are the best practices for ensuring confidentiality and privacy in your interactions with patrons?
Lamdan, S. S. (2013). Why library cards offer more privacy rights than proof of citizenship: Librarian ethics and Freedom of Information Act requestor policies. Government Information Quarterly, 30(2), 131–140.
Robertson, E. (2011). A fundamental right to read: reader privacy protections in the US Constitution. U. Colo. L. Rev., 82, 307.
American Library Association. (2006, July 7). Privacy: An Interpretation of the Library Bill of Rights. https://www.ala.org/advocacy/intfreedom/librarybill/interpretations/privacy
