LibraryLaw Blog

Deceptively simple Patriot Act extension - a giant blow

By now you've heard that the Patriot Act provisions that were due to sunset Feb. 28, 2010 have been extended until Feb. 28, 2011. It sounds deceptively simple, a mild one-year extension.

But it's not. It undoes months, no years of work to add a few checks and balances to better extension bills. I will write up a longer post very soon, but the thrust of it is that we are stuck with an unchanged Sect. 215, often called "the library records" provision, a broad authority that doesn't require particularized suspicion.

Far worse, to my mind, is what's NOT included in this extension. Small but important reforms to the National Security Letter (NSL) provisions were riding on more favorable extension bills. The NSL provisions do not sunset, and the momentum to reform them vanishes with the straight-up one-year sunset extension.

Foursquare and Gowalla and your library - privacy and legal implications?

Does your library encourage users to check in using location-based apps like Foursquare and Gowalla? I haven't thought through the legal implications yet, but I'd probably hold off before actively encouraging library users to check in. While you can't control what they choose to do on their own, it seems to me that library encouragement could lead to unintended consequences.  Possibly some good, but possibly some bad, like a stalker who now knows that someone is at your library. Do you want to be the one who encouraged that person to check in?

The House just held hearings on privacy and other issues related to the commercial collection, use, and sharing of location-based information. There was testimony that (shocker) some location-based services do not have users' best interests at heart. What happens to the location info?

What do you think?

Need your questions for Getting Grounded webinar - Patriot Act, meeting rooms, censorship

I'm working on my next webinar (below) for the California State Library Infopeople Project. Your questions in advance will help me shape the webinar. Thanks.

Getting Grounded: Legal Issues Facing Libraries Offline in 2010

Legal issues on a variety of situations facing libraries on the ground, from privacy to censorship to meeting rooms, are constantly changing.

What is the current status of the Patriot Act and how does it affect your library? Is it time to refresh staff on how to respond to requests for patron records? Want an update on challenges to library materials and how the courts have weighed in? Is your meeting room and exhibit space policy legally viable?

Those attending the webinar will:

• Learn new case law critical to updating your meeting room policies
• Get an update on PATRIOT Act and how it affects your library
• Get items to consider when updating your privacy policy
• Learn about the latest challenges to library materials

This one-hour webinar will be of interest to library managers and those that plan to be managers.

Hold off a bit on buying that e-reader for library users

I'm a big Kindle fan, and still happy with my first generation device.  If I were a library, though, I'd hold off just a bit longer before buying Kindles to loan. First off, I think they're too fragile for multiple users. Second, last I checked - you couldn't put a password to stop others from downloading more books that get charged to your card. I've heard that some folks have disabled the downloading, but then how clunky is it to load new books? Maybe a reader can advise. But thirdly, and most importantly, wait for the updated version which is likely to be accessible to blind and visually impaired readers. The text-to-speech feature on the DX and 2d generation kindles does not include navigation. The lawsuits filed against universities that had pilot kindle programs have been settled, and the universities have agreed not to use/promote until the e-readers are fully accessible.

I recently read that Rep. Jan Schakowsky (D-IL) introduced the Technology Bill of Rights for the Blind (H.R. 4533) bill, which would mandate that all consumer electronics have accessible user interfaces. That would fix everything. Support the bill.

Watch jobs bill on Monday to see if renewal of Patriot Act "library records" Section 215 is in it

 As you may know, Section 215, sometimes called “the library records” section (although it doesn’t mention libraries) was renewed until February 28, 2010. The Congressional Quarterly reports that renewal language through December 2010 was slipped into the massive Baucus-Grassley jobs bill (see draft jobs bill (page 125). That is no longer the moving bill, but watch on Monday for version that Senator Reid plans to take to the floor.

Here is the text from the HIRE draft bill. Watch for it in future versions.

 SEC. 645. EXTENSION OF INTELLIGENCE AUTHORITY SUNSETS. (a) USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005.—Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005

(Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking ‘‘February 28, 2010’’ and inserting ‘‘December 31, 2010’’.

(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—Section 6001(b)(1) of the Intel ligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking ‘‘February 28, 2010’’ and inserting ‘‘December 31, 2010’’.

 

 

Library Laws for the Mobile Web Environment - free webinar Thurs Feb 17 Noon (Pacific)

Library Laws for the Mobile Web Environment

YouTube, Twitter - the Conversation goes mobile, and the library is not in control!

    * Are your patrons taking photos and short videos with their cell phones of the library? Of children in the library? Do they need permission, and if so, when? What copyright, privacy and other concerns you should address?
    * What do you do when you see a patron accessing child pornography, obscenity or other disturbing sites on their cell phones or netbooks?
    * Are patrons tagging your content, at your website or on the library's Flickr page? Can you remove inaccurate tags? Offensive tags?
    * What disability access is legally required in this new environment?

These are just some of the legal issues facing libraries when working in the mobile environment.

Those attending this webinar will receive:

    * sample language for library signs regarding photography and videography
    * guidance on when users need permission to post videos or pictures of library patrons
    * an update on legal status of porn in the library - on the users' own devices
    * information on what accessibility of library websites is required by law for people with disabilities

This one-hour webinar will be of interest to library managers, anyone who works public service, those who create content for library social networking sites, and those looking for guidance regarding a variety of situations facing libraries using the mobile web and social networking.
Webinar: Thursday, February 18, 2010
Time: 12pm-1pm PST
Speaker: Mary Minow