In this issue...

1. Sunshine Week: Are We Safer in the Dark?
2. Organizations Request Online Access to the World Law Bulletin
3. Open Document Format Adopted in Massachusetts 
4. Comments Provided on Circumvention of Copyright Protection Systems
5. Amicus Brief filed in Psihoyos v. National Geographic Enterprises
6. SLA Provides Input at Internet Governance Forum 
7. Statement given on "Fair Use: Its Effects on Consumers and Industry" 
8. Hearings Requested on U.S. Government’s Negotiation Position on Broadcast Treaty 
9. Amicus Brief filed in Illinois Tool Works v. Independent Ink, Inc. 
10. Hearings Urged on Broadcast Flag before Adopting Legislation 
11. Deadlines Issued for Improvement of FOIA for Government Documents
12.  Homeland Security CIO Lacking Power

Sunshine Week: Are We Safer in the Dark?
On March 13, 2006, a panel of experts from around the U.S. will kick off Sunshine Week with a broadcast from the National Press Club in Washington DC. The discussion is being brought forth by several organizations, including SLA, and will focus on open government and secrecy—the problems, the impact on communities and what the public can do. Civic organizations, libraries, universities and other groups with the ability to receive a satellite feed are encouraged to participate as a host site. For more information about the program and site hosting, go to: http://www.openthegovernment.org/article/subarchive/85

Organizations Request Online Access to the World Law Bulletin
On January 3, 2006, SLA, along with other groups and individuals, sent a letter to The Honorable Bob Ney, Chairman, Joint Committee on the Library, House of Representatives. The letter requests that the Law Library of Congress publish the World Law Bulletin on the Internet for unrestricted public access. Read Letter.

Open Document Format Adopted in Massachusetts
On December 12, 2005, SLA and others sent letters to the Commonwealth of Massachusetts in support of its adoption of the Open Document Format (ODF) as the standard for all electronic documents created by the executive branch. Backwards compatibility may be difficult to achieve in 100 years because the developer of proprietary software may have gone out of business, and the specifications for the document formatting may also have disappeared. ODF will significantly ease access to information for future generations as any future programmer will be able to finds its open, nonproprietary specifications. Galvin Letter. Trimarco Letter.

Comments Provided on Circumvention of Copyright Protection Systems
On December 1, 2005, SLA and others submitted comments on exceptions that the Library of Congress should grant pursuant to 17 U.S.C. § 1201(a)(1)(C), pursuant to the Notice of Inquiry (NOI) published by the Copyright Office. Library organizations are pleased to observe that in the NOI, the Office seems to have backed away from rigid application of the “substantial adverse impact” standard articulated in the previous rulemakings. Moreover, the Office has qualified the standard for actual harm from always requiring a showing of “actual instances of verifiable problems” to “generally” requiring such a showing. Nonetheless, the Office continues to interpret the “likely” adverse effects standard as “require[ing] proof that adverse effects are more likely than not to occur.” Read Comments.

Amicus Brief filed in Psihoyos v. National Geographic Enterprises
SLA, along with other library groups, on November 17, 2005, filed an Amicus Brief in the Supreme Court of the United States in support of National Geographic. The case presents a direct, material, and acknowledged conflict between two U.S. courts of appeal on an important question of federal copyright law. Full Brief Amicus Curiae.

SLA Provides Input at Internet Governance Forum
SLA’s CEO, Janice Lachance, served as part of the American delegation to the World Summit on the Information Society (WSIS) in Tunisia in mid November 2005. This event focused on the need to remove barriers to accessing information and bridging the digital divide in the global information society. A major goal of the Summit was to reach consensus on the future of Internet Governance. The U.S. Delegation negotiated an excellent agreement, and agreed to establish an Internet Governance Forum that would discuss overarching issues surrounding the Internet but would not be involved in naming or day-to-day technological and administrative issues. This would give all nations, as well as stakeholders, the opportunity to voice issues of concern without interfering in a system that, for the most part, works well. Government bodies and related international organizations play a critical role in establishing the legal and social framework within which SLA members conduct information services.
News Story: http://news.zdnet.co.uk/internet/0,39020369,39237279,00.htm

Statement given on "Fair Use: Its Effects on Consumers and Industry"
A statement was given in a Hearing on "Fair Use: Its Effects on Consumers and Industry” on behalf the Library Copyright Alliance (LCA), of which SLA is a member, on November 16, 2005. The statement was presented to the Subcommittee on Commerce, Trade, and Consumer Protection, U.S. House of Representatives, Committee on Energy and Commerce. Fair use is central to libraries’ ability to achieve many facets of their missions. Libraries are essential to the communities that they serve and to our Nation. Libraries preserve and provide access to our cultural, historical and scientific heritage; support and encourage research, education and lifelong learning; and provide a venue for community engagement on a host of issues. Read full statement.

Hearings Requested on U.S. Government’s Negotiation Position on Broadcast Treaty
On October 18, 2005, SLA, in collaboration with the Library Copyright Alliance (LCA), delivered letters to Senator Orrin Hatch, Senator Patrick Leahy, Representative Howard Berman, and Representative Lamar Smith. The letters request that hearings be held concerning the negotiating position of the U.S. government with respect to the Broadcast Treaty. For several years, the Patent and Trademark Office and the Copyright Office have been participating in discussions at the World Intellectual Property Organization concerning a proposed Treaty on the Protection of Broadcasting Organizations. The WIPO General Assembly recently decided to attempt to convene a diplomatic conference to finalize the Broadcast Treaty in late 2006 or early 2007. Read the Berman Letter, Hatch Letter, Leahy Letter, Smith Letter.

Amicus Brief filed in Illinois Tool Works v. Independent Ink, Inc.
Several organizations, including SLA, filed an Amicus Brief in support of Independent Ink, Inc. on September 28, 2005. The case involves the tying of products. For example, the manufacturer of a computer printer may require a consumer also to purchase computer paper from the printer manufacturer. Under the antitrust law, such a tie is unlawful if the printer manufacturer has market power in the printer market -- the market for the tying product. Usually the plaintiff needs to prove that the defendant had market power in the tying product, which can be difficult and expensive to do. In this case, the Federal Circuit ruled that if a person has a patent or copyright on the tying product, market power in the tying product is presumed. The presumption makes it easier for consumers and competitors to bring tying cases. Full Brief Amicus Curiae.

Hearings Urged on Broadcast Flag before Adopting Legislation
SLA, in collaboration with Library Copyright Alliance (LCA) delivered a letter to Senator Stevens, Chair of the Senate Committee on Commerce, Science and Transportation, on September 19, 2005. The letter urges the committee to hold hearings before adopting any legislation authorizing the FCC to promulgate Broadcast Flag. If Broadcast Flag went into effect, it would, at minimum, hamper the use of broadcast materials for teaching and scholarship, and harm effective public discourse (which often requires the copying and redissemination of broadcast content). For example, a website seeking to demonstrate the disparate treatment on the news of black "looters" and white "food liberators" in the wake of Hurricane Katrina would need to include clips of television news broadcasts. Read Letter.

Deadlines Issued for Improvement of FOIA for Government Documents
The White House has set deadlines for implementing new rules on the disclosure of government documents to the public, and designating a chief Freedom of Information Act officer. The officer will review FOIA’s procedures and create a plan for improvement. News Story.

Homeland Security CIO Lacking Power
According to a recent report, the Chief Information Officer of the Department of Homeland Security lacks the necessary authority and influence to integrate DHS' information technology systems. Full story.

For the most up-to-date SLA activities, go to: www.sla.org/act.