Congratulations To: Jo Kibbee (Reference) who has been invited to serve on the Editorial Board of the journal Reference Services Review.

Jo has also received an award from the Scholar's Travel Fund for travel in May to Dubrovnik, Croatia, for the Libraries in a Digital Age Conference (sponsored by ASIST), where she will present a paper on user behavior in a digital reference environment.

The Research and Publications Committee is pleased to announce the funding of an RPC grant to Priscilla Yu (City Planning) for a project entitled:  "The Meeting and Clashes of East and Southeast Asian and Western Library Institutions and Values."

Congratulations, Priscilla!

The faculty are invited to visit the RPC website for information about applying for RPC grants, and for a listing of other recent recipients:
http://www.library.uiuc.edu/committee/rpc/

Communications from Library Committees:

Minutes:

Administrative Council

Cataloging Policy Committee

Collection Development Committee

Electronic Resource Work Group
Executive Committee
Integrated System Coordinating Committee
Library Faculty Meetings

Sine nomine, a publication of the Office of Services

Staff Development and Training Committee

Staff Development & Training Calendar

Strategic Planning Committee
User Ed Committee

News & Announcements from University Administration:

From: Steve Schomberg, Vice Chancellor for Public Engagement and Institutional Relations

2004 Campus Award for Excellence in Public Engagement Nomination Guidelines

Nominations are invited for the 2004 Campus Awards for Excellence in Public Engagement.  The awards recognize faculty members, academic professionals, staff employees and students who contribute to the University's commitment to public engagement in exemplary ways.  Each faculty member, academic professional and staff employee honoree will receive $1,500 cash and $1,500 salary increase.  Up to three awards will be made in this category, with at least one award going to an academic professional.  In addition, up to three cash prizes of $1,500 each will be awarded to undergraduate, professional or graduate students to be used for professional development or to support other educational activities.

Award guidelines and application materials can be found at http://www.peir.uiuc.edu/pe/awardsandgrants.html.  Nominations are due March 15, 2004.  Please address questions to Rose Ann Miron, Assistant Vice Chancellor at 333-9793.
 

News from the Field:

ARL E-News

I. Copyright and Intellectual Property

A. Database Legislation Update

B. Court Reverses Decision in RIAA v. Verizon

On December 19, 2003, reversing the rulings of the lower court, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Verizon (Recording Industry Association of America (RIAA) v. Verizon).  In a case with significant implications for users of file sharing systems, the decision stopped the RIAA from gaining access to names of individuals that the RIAA suspected of illegally downloading music from the Internet.  The suits filed by the RIAA have focused on section 512(h), the subpoena provision of the DMCA, that allows any copyright owner or representative to "request the clerk of any U.S. district court to issue a subpoena" to force an Internet service provider (ISP) to identify "an alleged infringer."

In July 2002, the RIAA filed a lawsuit against Verizon Internet Services, Inc., after Verizon refused to comply with a subpoena issued at the request of the RIAA.  Verizon argued that "the RIAA subpoena relates to conduct outside the limited scope of the extraordinary subpoena authority created by the DMCA, [and] is invalid."  In December, the U.S. Court of Appeals for the District of Columbia Circuit agreed with Verizon that the special subpoenas could be used only when material is stored on an Internet service provider's system or network, not when the service provider is merely acting as a conduit for the communications of others.  The court ruled that subpoenas issued by copyright owners under the DMCA seeking the identity of individuals engaging in peer-to-peer file sharing of copyrighted sound recordings and other works were invalid.

The ruling applies to all Internet service providers, including universities and colleges. While it is strictly applicable only to subpoenas issued from the district court in Washington, D.C., the strongly worded decision likely will be treated as important precedent in other jurisdictions.

ARL, with others in the library community and public sector, participated in an amicus brief in this case siding with Verizon.

The Verizon victory has resulted in a new legal tactic by the RIAA to identify individuals they believe are engaging in illegal file sharing of copyrighted music.  The trade association filed more than 500 "John Doe" suits that are more labor intensive and expensive to file. Additional challenges in this arena are underway including a recent case, RIAA v. Charter Communications, Inc.  ARL, along with 21 other consumer, privacy, and library groups sided with Charter Communications, Inc.  In a case similar to that of Verizon, the RIAA is seeking the identity of Charter Communications subscribers who they believe are engaging in P2P activity with copyrighted music.  For more information on the amicus briefs, please contact Prue Adler.

C. "Super DMCA" Before State Legislatures

The Motion Picture Industry Association of America (MPAA) and others are aggressively promoting legislation in several states that would amend state telecommunications and cable security laws to address concerns over digital piracy. The legislation, already passed in a number of states, is considered overly broad, varies from state to state, and raises concerns for libraries, consumer electronics manufacturers, and retailers, as well as for public interest and privacy advocates. Overall, the legislation seeks to protect online content by expanding the scope of theft of communication services. It has the potential of converting an ordinary breach of contract into a criminal violation. Bills are pending in Arizona, South Carolina, Tennessee, and Washington.  ARL is working with others in the library, consumer electronics, and public interest communities to moderate this legislation.

D. Appeals Court Hears P2P Case

II. Government Information

ARL Joins in Amicus on Access to Energy Task Force Records

ARL is participating in an amicus brief to be filed before the Supreme Court in early March concerning the case of access to information about and concerning the records of the White House National Energy Policy Development Group (hereafter Energy Task Force).  In December 2003, the Supreme Court agreed to hear the case at the request of the White House.

Two organizations, the Sierra Club and Judicial Watch, in separate suits, are seeking access to information concerning the Energy Task Force convened by Vice President Cheney under the Federal Advisory Committee Act (FACA).  The Vice President has refused to make public the records of the Energy Task Force.  The White House claims that the courts and Congress have no right of access to this information.  The two cases, now combined, argue that the Energy Task Force, which is comprised of government employees, sought advice from non-governmental officials associated with energy firms such as Enron.  The Sierra Club and Judicial Watch have prevailed in both the lower court and the U.S. Court of Appeals for the D.C. Circuit.

Of key importance to the library community and others in the public and private sectors is how and when the public may gain access to information by advisory groups relating to federal policies.  This case has major implications well beyond the Energy Task Force deliberations. Tom Susman of Ropes & Gray notes, "While this is not a typical FOIA (or even a typical FACA) case, the underlying integrity of the FACA - and hence the issue of public access to minutes and materials of advisory committees - is a stake."  For more information on the amicus brief, please contact Prue Adler.

III. Other Issues

A. FY 2004 Appropriations

B. FY 2005 Appropriations Requests:

1) Institute of Museum and Library Services (IMLS):  President Bush has proposed a significant increase, 14%, for IMLS in FY 2005.  Of the $262,240,000 requested for IMLS, $220,490,000 is proposed for library programs including $16.5 million for national leadership grants and $23 million for the Recruitment of Librarians for the 21st Century.

2) National Archives and Records Administration (NARA):  Of the $312,041,000 proposed for NARA, $35.9 million is targeted for Electronic Records Archives and $3 million for the National Historical Publications and Records Commission.

3) National Endowment for the Humanities (NEH): The President's budget proposes significant increases for the arts and humanities agencies. The President requested a 20% increase, or $162 million, for NEH. The additional funds, $23 million, would support the "We the People" initiative, a program that seeks to enhance our understanding of American history. $18.9 million was requested for the Preservation and Access Program.

4) National Endowment for the Arts (NEA):  The Administration request for NEA also represents a change in direction for the agency.  Breaking with past policy, the President requested an additional $18 million for NEA for a total proposed appropriation of $139.4 million.  $15 million of the proposed increase would support the American Masterpieces initiative.

C. PATRIOT Act Update

U.S. District Judge Audrey Collins has ruled that the portion of the USA PATRIOT Act that prohibits certain types of support, such as giving expert advice to organizations designated by the U.S. government as terrorist groups, is unconstitutional.  In his decision, Judge Collins noted that the ban is too vague and that it "could be construed to include unequivocally pure speech and advocacy protected by the First Amendment."  The California case was brought by the Humanitarian Law Project on behalf of a number of groups.

In a related action that signals the Administration's continuing support for the all provisions of the USA PATRIOT Act, in his State of the Union address the President called upon Congress to make permanent those provisions of the Act that sunset in 2005.  In addition, Attorney General Ashcroft, sent a letter to the Chairman of the Senate Committee on the Judiciary, Sen. Hatch (R-UT), warning members of the Committee that the President would veto proposed legislation that would amend the PATRIOT Act.  The legislation, the Security and Freedom Ensured (SAFE) Act, is co-sponsored by Senators Durbin (D-IL) and Craig (R-ID).

Finally, on February 4, 2004, New York City joined 246 other municipalities and counties in passing legislation and/or resolutions opposing provisions in the USA PATRIOT Act.  Concerns have been raised that provisions in the USA PATRIOT Act infringe upon privacy rights and other civil liberties.

CIC Summit on Scholarly Communication Report

IACRL Spring 2004 Conference--Redefining Ourselves: Academic Librarianship at the Crossroads

March 31-April 2, 2004

Renaissance Oak Brook Hotel

Oak Brook, IL