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June 29, 2006

Elsevier Cautiously Tries a Variation on Open Access

From Library Journal:

The world's leading STM publisher, Elsevier, announced this month that it will offer authors the chance to make their articles freely available for a fee. Six journals in physics will offer the option, including Nuclear Physics A, Nuclear Physics B, Nuclear Physics B, Proceedings Supplements, Nuclear Instruments and Methods A, Physics Letters B, and Astroparticle Physics. Elsevier officials say that 30 more journals across other fields also will offer this option in the coming months.

CIA may have accessed Canadian banking records

From CTV, Inc.:

Canada's privacy commissioner is investigating whether United States officials have improperly received the banking records of Canadians.

The Toronto Star reports the investigation is also trying to determine if the Central Intelligence Agency was given unauthorized access to the confidential files.

Legal victory for Google in library project

From the Guardian:

Google has won a crucial victory in a German court as it tries to persuade publishers that its drive to digitise library books to get at the information inside is not an attempt to smash copyright laws.

Scientific publisher Wissenschaftliche Buchgesellschaft (WBG), backed by the German publishers association, had asked a Hamburg court for an injunction stopping the American web giant from scanning its books as part of its library project.

Senate deals blow to Net neutrality

From News.com:

A U.S. Senate panel narrowly rejected strict Net neutrality rules on Wednesday, dealing a grave setback to companies like eBay, Google and Amazon.com that had made enacting them a top political priority this year.

By an 11-11 tie, the Senate Commerce Committee failed to approve a Democrat-backed amendment that would have ensured all Internet traffic is treated the same no matter what its "source" or "destination" might be. A majority was needed for the amendment to succeed.

June 28, 2006

Judiciary Committee Hearing on Presidential Signing Statements

The Senate Judiciary Committee held a hearing yesterday on presidential signing statements. Testimony and submitted statements are now online.

GOP bill targets NY Times

From The Hill:

House Republican leaders are expected to introduce a resolution today condemning The New York Times for publishing a story last week that exposed government monitoring of banking records.

The resolution is expected to condemn the leak and publication of classified documents, said one Republican aide with knowledge of the impending legislation.

Senators adopt Web labeling requirement

From News.com:

Web site operators posting sexually explicit information must slap warning labels on their pages or face prison terms of up to five years, according to a proposal adopted by a U.S. Senate committee on Tuesday.

During a day of debate on a wide-ranging communications bill, the Senate Commerce Committee approved an amendment backed by the Bush administration that proponents claim would help clean up the Internet and protect children online.

Judge questions secrecy claims

From the Sacramento Bee:

A judge expressed doubts Friday that AT&T's cooperation with the National Security Agency in spying on customer phone calls and e-mails would be a "state secret" that would have to be shielded completely from public or court scrutiny.

China Weighs Fines for Reports on 'Sudden Events'

From the New York Times:

Chinese media outlets will be fined up to $12,500 each time they report on "sudden events" without prior authorization from government officials, according to a draft law under review by the Communist Party-controlled legislature.

The law, revealed today in most state-run newspapers, would give government officials a powerful new tool to restrict coverage of mass outbreaks of disease, riots, strikes, accidents and other events that the authorities prefer to keep secret. Officials in charge of propaganda already exercise considerable sway over the Chinese media, but their power tends to be informal, not codified in law.

State governments push for Net neutrality laws

From News.com:

As a U.S. Senate panel prepares for a vote on Net neutrality legislation this week, state attorneys general in New York and California are joining Internet companies in saying that network operators must not be permitted to prioritize certain broadband content and services.

June 26, 2006

Brewster Kahle's modest mission: Archiving everything

From ZDNet:

Brewster Kahle is on a mission. He wants the whole planet to have access to human knowledge. All human knowledge. And he's striving to make that possible--one byte at a time.

Government Drops Demand for Library Records

From an ACLU press release:

The American Civil Liberties Union today declared victory in their legal battle with the FBI over a Connecticut library group's right to keep patron records private. After dropping their vehement defense of the gag provision accompanying the request, the FBI has now abandoned the demand all together.

Rep. King Seeks Charges Against Papers Over Terror Reporting

Fox News reports:

The chairman of the House Homeland Security Committee urged the Bush administration on Sunday to seek criminal charges against newspapers that reported on a secret financial-monitoring program used to trace terrorists.

Rep. Peter King cited The New York Times in particular for publishing a story last week that the Treasury Department was working with the CIA to examine messages within a massive international database of money-transfer records.

Morehouse College to Inherit King Papers

The Associated Press reports:

A collection of Martin Luther King Jr.'s handwritten documents and books won't be sold at auction and instead will be given to his alma mater, officials said Friday.

A coalition of business, individuals and philanthropic leaders led by Atlanta Mayor Shirley Franklin bought the collection for an undisclosed amount, said Morehouse College President Walter Massey.

Library board sets special session

From the Atlanta Journal Constitution:

Gwinnett County's library board will meet in a special session Wednesday to reverse a decision to cut funding for Spanish language fiction books, the board's chairman said Monday.

White House becoming more secretive after leaks

From the Examiner.com:

The Bush administration is becoming more secretive in response to press disclosures about the tracking of global financial transfers and other counter-terrorism measures, said Homeland Security Director Michael Chertoff.

New Jersey Director Blasted for Requiring Subpoenas

From American Libraries:

Michele Reutty, director of Hasbrouck Heights Public Library and president-elect of the New Jersey Library Association, will face a closed hearing in July with the library’s board of trustees over her requiring police to obtain subpoenas before giving them patron records during a May investigation.

In Digital Age, Advancing a Flexible Copyright System

From the New York Times:

So closely is copyright associated with the phrase "all rights reserved" that some people have difficulty imagining any other system. But an unusual global alliance of artists, scientists and lawyers, meeting here over the weekend, has been working in recent years to forge a "creative commons" that allows artists to decide which rights they want to retain and which they would rather share.

House Judiciary Committee Demands NSA Records

From the Center for Democracy & Tachnology:

In a surprise move Wednesday, the House Judiciary Committee passed a resolution that demands the Administration turn over requests made by the NSA and other federal agencies to phone companies to obtain information about ordinary Americans without warrants. The resolution had the support of Chairman James Sensenbrenner (R-Wis.), who promised to seek a vote on the resolution from the full House if the Administration does not comply with his requests for information.

H. Res. 819

Gov't Break a Law? Change It

From Wired.com:

The White House is nearing an agreement with Congress on legislation that would write President Bush's warrantless surveillance program into law, the Senate Judiciary Committee chairman said Sunday.

Bush and senior officials in his administration have said they did not think changes were needed to empower the National Security Agency to eavesdrop -- without court approval -- on communications between people in the United States and overseas when terrorism is suspected.

Syria blocks independent news website: rights group

From Yahoo! News:

Syrian authorities have blocked an independent news website run by a group that promotes free press, a human rights group told AFP.

"Authorities blocked the Mashed al-Suri (syriaview.net) site, an independent online newspaper run by the Syria Center for Free Press and Expression," said laywer Mohannad al-Hassani who heads the Syrian Organization for Human Rights.

FOIA Facts: The Return of the Backlog

From LLRX:

Like a boomerang, FOIA backlogs are back! FOIA backlogs are the number of pending requests at an agency at any one point in time. Ok, some may argue that they never really went away. However, many agencies greatly reduced the number of cases in their FOIA backlogs during the late 1990s and earlier this decade. For instance, my old employer, the FBI, reduced its backlog from over 16,000 pending FOIA requests in 1996 to just over 2,000 in early 2002. It has now increased, even though I’m not sure of the exact number currently.

There are a number of reasons for this increase in backlog numbers. None of them are good, and all point to either inattention by upper level management to effective supervision of their FOIA programs, or intentional neglect of their FOIA programs.

OA Business Model a Challenge for Public Library of Science

From Library Journal:

It seems that open access journal publishing, known as the "gold" version of OA, isn't paved with gold. In an eye-opening analysis in the journal Nature, the Public Library of Science (PLoS), which launched its first open access journals in 2003, is said to be facing a "looming financial crisis."

Royal Society charges £300 per page for open access

From Information World Review:

The Royal Society is to charge authors £300 per page to use its new open access journal service. EXiS Open Choice will offer authors whose work is accepted by Royal Society journals the opportunity to make their articles immediately available online. Initially authors will be charged a discounted rate of £225 per A4 page, but that will later be increased to £300.

Bank Data Secretly Reviewed by U.S. to Fight Terror

From the New York Times:

Under a secret Bush administration program initiated weeks after the Sept. 11 attacks, counterterrorism officials have gained access to financial records from a vast international database and examined banking transactions involving thousands of Americans and others in the United States, according to government and industry officials.

June 23, 2006

ACLU v. National Security Agency

From a recent commentary on Findlaw.com:

ACLU v. National Security Agency: Why the "State Secrets Privilege" Shouldn't Stop the Lawsuit Challenging Warrantless Telephone Surveillance of Americans

The American Civil Liberties Union is the lead plaintiff in a federal lawsuit requesting that the National Security Agency (NSA) be enjoined from its ongoing violation of the Foreign Intelligence Surveillance Act (FISA) via its program of telephone surveillance of Americans. Joining the ACLU as plaintiffs are a number of attorneys, scholars, journalists and others who have been adversely affected by the program. The plaintiffs argue that the NSA program violates not only FISA, but also the Constitution's First and Fourth Amendments.

The U.S. Government, through its Department of Justice attorneys, has been desperately trying to get this case -- currently pending in the U.S. District Court for the Eastern District of Michigan -- dismissed. To this end, DOJ attorneys have invoked the "state secrets privilege" -- claiming, in essence, that the government cannot explain its actions because they involve national security.

DOJ OIG Survey of Access to Information Problems Encountered by Gov't Agencies

Survey Results on Access to Information Problems Encountered by Federal, State, and Local Accountability Organizations, Evaluation and Inspections Report, I-2006-006, June 2006. (107 pages, PDF)

Accountability organizations such as federal and state offices of inspector general and state and local audit organizations are responsible for helping ensure that government operations use public resources wisely and achieve intended results. As part of these accountability responsibilities, access to government information is critical to conducting audits, evaluations, inspections, and investigations. If accountability organizations face obstacles in obtaining access to records and other information, they will have difficulty performing their important missions. To assess the nature and extent of information access problems and identify examples of successful strategies employed to gain access, the Government Accountability Office's Domestic Working Group surveyed accountability organizations at the federal, state, and local levels.

Blogs test political limits of Internet in China

From the Washington Post:

A New York Times columnist has created Chinese-language blogs on two of China's most popular Web portals to test the limits of the Internet in China -- but one of them could not be accessed on Wednesday.

Lawmakers to Crack Down on Data Brokers

From the Washington Post:

Even as others cited the Fifth Amendment, a former data broker enthralled Congress on Wednesday with a bizarre, behind-the-scenes lesson on how this shadowy industry covertly gathers Americans' telephone records without subpoenas or warrants.

Some lawmakers gasped and others shook their heads in amazement during testimony from James Rapp, a former data broker run out of the business years ago by Colorado police.

House panel would ask Bush for surveillance records

From News.com:

The U.S. Justice Department would have to turn over records of the National Security Agency's telephone surveillance program to Congress under a resolution passed by the Republican-led House Judiciary Committee on Wednesday.

The resolution, which passed on a voice vote, must be approved by the full House of Representatives before it is sent to the Bush administration. However, the administration would not be required to comply because a resolution does not carry the force of law.

UK Royal Society tests free access to papers

From the Financial Times: (registration required)

The world's oldest learned society will today tear up its 340-year-old business model with the launch of an "open access" journal allowing people to read its new scientific papers free of charge.

The Royal Society in London virtually invented the subscription-based system of peer-reviewed scientific journals when it started the Philosophical Transactions of the Royal Society in 1665.

But in a trial that will be closely watched by researchers and journal publishers around the world, it will allow authors to pay for costs of publication themselves.

Creative Commons comes to Microsoft Office

From News.com:

Microsoft and the Creative Commons on Wednesday plan to release a free tool that will let people attach a Creative Commons copyright license to Microsoft Office documents.

Creative Commons is a nonprofit organization that has written licenses that allow content creators to share information while retaining some rights.

Currently, some Web-based tools let people associate a Creative Commons license with information. But Microsoft is the first vendor to embed a license-selection option inside its applications, said Lawrence Lessig, the founder of the Creative Commons and a Stanford Law School professor.

Critics say antiporn effort could affect wrong sites

From News.com:

While backers say they are mainly targeting child pornography and trying to keep kids away from mature content, legal experts argue that a broad range of less obvious material could be affected as well, including, for example, a news report that details a sordid sex crime, a computer animation that demonstrates condom use, or even an online lingerie catalog.

Justice Dept. wants NSA suits consolidated for D.C. court

From News.com:

The U.S. Department of Justice wants to consolidate at least two dozen lawsuits against the government and Verizon Communications that involve the National Security Agency's alleged access to telephone customer records.

The government on Monday filed a motion supporting Verizon's request that 20 class action lawsuits accusing the company of helping the foreign intelligence surveillance program be combined in a single court in Washington.

National Archives merges with government information department

From Information World Review:

Just a year after its birth, the [UK] Office of Public Sector Information (OPSI) is to be merged into The National Archives. The merged organisation intends to become a super authority on government information management.

House appropriation mandates NIH public access policy

From Federal Computer Week:

A measure passed in last week’s House Appropriations bill for the Department of Health and Human Services would ensure that research funded by public tax dollars is readily available to the public.

The bill requires scientists funded by the National Institutes of Health to submit copies of their peer-reviewed journal manuscripts to NIH’s online archive, known as PubMed Central. Those manuscripts would then have to be made available to the public for free on the PubMed Central Web site within a year of publication.

Don't want your work orphaned? Time to consider a visual registry

From Public Knowledge:

Furniture makers are weighing in against orphan works legislation. An article published last week on the Furniture Today web site puts the worst possible spin on the legislation: “The Orphan Works Act promises to strip us of our archival property rights and permit offshore vendors to appropriate our work.” Much like their brethren in illustration, textiles and photography, the opposition to orphan works comes back to the same problem: their copyright information is too easily separated from their work.

CDT Paper Calls For Focused Internet Neutrality Legislation

http://www.cdt.org/headlines/903

The Center for Democracy and Technology (CDT) today called on lawmakers to enact narrowly tailored legislation to preserve the essential neutrality and openness of the Internet, while leaving broadband network providers free to experiment with non-neutral arrangements elsewhere on their networks. The Internet is fundamentally neutral, and that neutrality has been critical to its unique role as an engine for free speech and innovation, CDT finds in a new paper. CDT found that it is vital to make a clear distinction between "Internet neutrality" and the more ambiguous principle of "network neutrality." CDT recommends that current legislation be focused specifically on the portion of broadband networks dedicated to the Internet.
CDT Paper: Internet Neutrality [PDF]

AT&T: Wired News Is a 'Scofflaw'

From Wired.com:

Wired News is a "scofflaw" full of "hot air" and should not be heard in a class-action lawsuit accusing AT&T of violating customers' privacy by cooperating with the National Security Agency in a warrantless internet wiretap operation, the telecommunications company said in a court filing Monday.

AT&T was responding to a May 23 petition from Wired News asking to intervene in the case in order to seek the unsealing of more than 140 pages of documents submitted as evidence.

China blocks search engines of popular Chinese portals

From Yahoo! News:

Chinese authorities have blocked the search engines of two of the country's most popular web portals as part of their efforts to censor the Internet.

The search engines at Sina.com and Sohu.com have been shut down since noon Monday. Searches conducted on Tuesday brought up messages saying the sites were undergoing upgrades.

Senate panel proposes Net user 'bill of rights'

From News.com:

The latest Net neutrality provisions in a mammoth Senate communications bill stopped short of giving Internet companies and consumer advocacy groups all the assurances they've requested.

Unveiled formally at a briefing here for reporters on Monday, new provisions in the latest draft of the sweeping Consumer's Choice and Broadband Deployment Act would allow the Federal Communications Commission to police subscribers' complaints of "interference" in their Internet activities and to levy fines on violators.

June 19, 2006

Mine Data not Details

From Wired.com:

As new disclosures mount about government surveillance programs, computer science researchers hope to wade into the fray by enabling data mining that also protects individual privacy.

Largely by employing the head-spinning principles of cryptography, the researchers say they can ensure that law enforcement, intelligence agencies and private companies can sift through huge databases without seeing names and identifying details in the records.

Senator offers Net neutrality compromise

From News.com:

Senate Commerce Committee Chairman Ted Stevens has offered a compromise in the fierce fight over legislation on Internet network neutrality, but stopped short of demands sought by content companies like Google.

Stevens has added a new section to his proposed bill aimed at preserving consumers' ability to surf anywhere on the public Internet and use any Web-based application, according to the latest draft obtained by Reuters this weekend.

However, the draft by the Alaska Republican does not include a ban on pricing content companies have demanded.

June 18, 2006

Tales of a Federal Web Guy

I sat next to a very interesting person on my way home from Baltimore last Thursday. We started with the usual small talk about books and where we were going/leaving. I started telling him about the SLA conference and some of the sessions I had gone to. He told me that he works for the Federal government in some kind of Web implementation capacity. I’m not entirely certain what he does; he is not responsible for the Web content for his agency, just for getting it online, but he’s not the Webmaster.

At any rate, the point is that one of the topical areas that his agency works in is very politically-charged under the current administration. I will not say exactly where he works, as I do not wish to get him in trouble. However, some examples of similar issues would be climate change, abortion, abstinence, stem cell research, and a myriad of other topics that don’t sit easy in Washington these days. The gentleman next to me was talking about how difficult it is to manage the Web site on his topic. Even though he is not responsible for the content, he is in a position to see and hear about Congressional staffers calling the agency to complain within minutes of new information being posted.

Trying to be magnanimous, I said something to the effect that I’m sure similar things happen with other administrations, too. My new friend said that may be true, but he had never seen the environment as scary as it is now. In particular, he noted that there is one researcher in a controversial topic area who is currently the subject of a Congressional investigation. A Republican Congressman is accusing this researcher of being too partisan in his work. The man next to me noted that, as far as he could tell, the only reason for and effect of the investigation was to create so much paperwork for this researcher that he doesn’t have time anymore to conduct his research.

So, there’s that. Yet more confirmation of how very screwed up things are in Washington right now. As if you needed anything more to convince you.

June 17, 2006

URGENT ACTION NEEDED on S. 2686, the Communications Reform Bill

Library advocates with members on the Senate Commerce Committee are asked to call Senators today:

Urge Senate Commerce Committee members to maintain Universal Service Fund/E-rate provisions and add network neutrality language during the pending markup of S. 2686 (see full message points below).

For those advocates without a Commerce Committee member, please contact your Senator and ask him or her to urge their Senate colleagues to support these two important issues.

DEADLINE: Please contact Senators before the Committee markup -- currently scheduled for sometime between June 20-22, 2006.

MESSAGES:
Network Neutrality:
• Urge senators to include the Snowe-Dorgan network neutrality proposal as an amendment to S. 2686. The library community supports a proactive approach to preserving diverse sources of information on the Internet by passing enforceable network neutrality language. It is too risky not to pass affirmative language at this time especially since there has been little attention paid to the public sector implications if S. 2686 is passed without network neutrality protections.

• ALA urges inclusion of the Internet Freedom Act, S. 2917, introduced by Senators Olympia Snowe (R-ME) and Byron Dorgan (D-ND), and cosponsored by Senators Inouye, Wyden, Leahy, Boxer, Obama and Clinton. Because only two senators (Boxer and Dorgan) spoke favorably about network neutrality during the June 13th hearing, it is even more important that grassroots library supporters contact senators now.

• Libraries of all types are providers, creators and users of digital information and serve users with on-site Internet access in libraries and remote access to online catalogs and collections. Libraries' ability to provide services to our communities could be at risk in a tiered Internet environment. Libraries, K-12 and higher education and many other public sector institutions should not be marginalized or moved into slower tiers in favor of big corporations.

Universal Service and the E-rate:
• The library community applauds Senate efforts to stabilize the Universal Service Fund and maintain the E-rate. Thank senators for their ongoing support of E-rate discounts and for exempting USF programs from Anti-Deficiency Act accounting requirements in S. 2686.

• The E-rate program is working by making telecommunications services affordable to libraries and schools in the poorest communities. Communities benefit by having Internet access at their libraries, especially in those high-poverty areas that receive the deepest discounts and need the E-rate to support the ongoing costs of connectivity.

• The E-rate is a capped program within the Universal Service Fund and is providing stable and predictable support for the ongoing costs of connectivity. The program promotes the build-out of broadband services and establishes new markets for telecommunications providers. The education and training done by libraries and others raises new demands and public expectations that help create new consumers of broadband services and benefits.

Google to Launch Government Search Site

I don't know why I haven't seen any mention of Google UncleSam in the few articles I've read about this, but. . .

From the Washington Post:

It's finally happening: The ever-expanding Google Inc. is making its move on the federal government.

Today the company plans to announce a new online product aimed at being a one-stop shop for searching federal government Web sites. The launch of Google U.S. Government Search, http://usgov.google.com , targets federal employees who often need to search across several government agencies.