Washington eBulletin – June 2020

Advocating for the Legal Information Industry during COVID-19

´¡´¡³¢³¢’²õÌýmost recent legislative priorities have centered on advocating for the immediate needs of the legal information industry during this pandemic.

The four federal relief and stimulus packages passed by Congress since March have included several benefits for the legal information industry, such as opportunities for law libraries to apply for federal grants and loans to address their immediate needs because of COVID-19. These include the Ìý³Ùo help small businesses– including solo and small law firms, nonprofits, independent contractors, and self-employed individuals–and . Most recently, Congress passed the Paycheck Protection Program (PPP) Flexibility Act of 2020Ìý()Ìý³Ùo relax certain requirements of the PPP loan program, including extending the covered period to 24 weeks or December 31, 2020, whichever comes first.  

In addition to advocating for greater fiscal relief for the legal information industry, ÌÇÐÄÊÓÆµ’s legislative priorities include the following information policy issues:

A BALANCE IN COPYRIGHT LAWS THAT PROTECTS THE INTERESTS OF LAW LIBRARIES

ÌÇÐÄÊÓÆµ is advocating for the need of balanced copyright laws and policies that allow law libraries to access and preserve information, and to make information available to users. This balance is more important than ever as legal research, online instruction, and patron services have moved into a more virtual environment because of COVID-19.

ÌÇÐÄÊÓÆµ is carefully monitoring the Senate Judiciary Committee’s series of hearings about the effectiveness of the Digital Millennium Copyright Act (DMCA), which was enacted in 1998 to address the increasingly digital nature of copyrighted works. Earlier this month, ÌÇÐÄÊÓÆµ supported the  of ÌÇÐÄÊÓÆµ member David Hansen, associate university librarian for research, collections, and scholarly communications and lead copyright and information policy officer at Duke University, who described the impact of the DMCA’s notice-and-takedown system on libraries before the Senate Judiciary’s Subcommittee on Intellectual Property.

For more information about the benefits of the DMCA for law libraries, please see ÌÇÐÄÊÓÆµ’s issue brief about the exemptions in the anti-circumvention provisions of the DMCA.

GREATER ACCESS TO GOVERNMENT INFORMATION AND A MORE OPEN GOVERNMENT

ÌÇÐÄÊÓÆµ is advocating for the ongoing fiscal needs of the federal agencies that support access to and preservation of official, authentic government information. In March, ÌÇÐÄÊÓÆµ President Michelle Cosby  about the importance of funding for the U.S. Government Publishing Office (GPO) and the Library of Congress. ÌÇÐÄÊÓÆµ also submitted statements to the Senate Appropriations Committee in support of the funding needs of the GPO, the Library of Congress, and the National Archives and Records Administration, describing how the workload for these agencies has increased because of COVID-19.Congress’ consideration of appropriations bills for the federal government’s fiscal year 2021 is expected to resume this summer. Fiscal year 2021 begins October 1, 2020.

In addition, ÌÇÐÄÊÓÆµ continues to advocate for modernization of the federal electronic rulemaking system, including Regulations.gov. In April, ÌÇÐÄÊÓÆµ President Cosby participated in the General Services Administration’s (GSA) virtual public meeting on Improving Public Access to Regulatory Data, during which she offered suggestions to improve Regulations.gov to support the legal information profession. The event was part of GSA’s efforts to modernize electronic rulemaking. ÌÇÐÄÊÓÆµ also submitted written commentsÌý³Ùo supplement President Cosby’s remarks.

ÌÇÐÄÊÓÆµ continues to advocate for net neutrality, which promotes equitable access to online legal information and access to justice. We are also monitoring the response to President Donald Trump’s ²Ô±ð·ÉÌý, signed on May 28, which raises free speech issues for online platforms and users under Section 230 of the Communications Decency Act by increasing the government’s power to regulate online platforms, including social media websites and search engines.

PROTECTION OF PRIVACY FOR LIBRARY USERS

ÌÇÐÄÊÓÆµ is tracking the reauthorization of key parts of the federal surveillance program known as the Foreign Intelligence Surveillance ActÌý(FISA) under which the federal government can compel phone companies and internet service providers-including libraries-to turn over data that is relevant to an investigation. After the Senate passed the previously House-passed FISA bill and amendments () in May, the House had planned another vote to consider a bipartisan amendment to restrict the collection of internet search history. However, after a veto threat from President Trump and objections from the U.S. Department of Justice, House leadership pulled the bill and instead sent it to conference with the Senate to negotiate an agreement. Those negotiations are ongoing.

Roundup and Review  Save the Date: ÌÇÐÄÊÓÆµ Virtual Legislative Advocacy Training 

The rescheduled annual ÌÇÐÄÊÓÆµ Legislative Advocacy Training 2020 will take place virtually on Tuesday, September 22, 2020 at 11 a.m. (CDT). The training is free for ÌÇÐÄÊÓÆµ members; registration will open soon.

Becoming an effective advocate who can clearly articulate the needs of law libraries and the legal information industry is especially important during these uncertain times. This training will teach you the skills you need to establish yourself as a trusted voice in your community, promote equal access to justice, and contribute meaningful solutions to today’s information policy issues.

Washington eBulletin – January 2020

This is the first issue of the Washington eBulletin’s new biannual publication schedule. We hope you enjoy the new format.

2020 Advocacy Opportunities

Building long-lasting, trustworthy relationships is the key to effective advocacy. As the new year begins, ÌÇÐÄÊÓÆµ invites you to join our advocacy efforts to influence legal information policy issues. The Association’s current include improved access to justice, balanced copyright laws, increased access to government information, greater government transparency, and protection of privacy.

Thanks to your support in 2019, ÌÇÐÄÊÓÆµ helped to secure increased funding levels for the Library of Congress and Law Library of Congress;Ìýworked with members of Congress to ensure more oversight and accountability of PACER through reports and hearings; celebrated the enactment of legislationÌý³Ùo modernize federal grant reporting and increase access to government data; saved the indexes to the Federal Register and Code of Federal Regulations from elimination;Ìýand brought ÌÇÐÄÊÓÆµ member expertise to Capitol Hill as part of ÌÇÐÄÊÓÆµ 2019 Lobby Day.

The 2020 election year offers a special opportunity to form relationships with your members of Congress while they spend more time in their states and districts. Consider with your Representative and Senators and their district staff, or . This is a great way to introduce them to your services and collections, and the perfect photo op for them and your library!

ÌÇÐÄÊÓÆµ’s new  offers suggested advocacy activities for every month of 2020. Engaging your lawmakers throughout the year will help you form effective relationships with your members of Congress and is much more likely to lead toward favorable results for legal information policy issues. Be sure to to receive weekly updates from the ÌÇÐÄÊÓÆµ Government Relations Committee and timely action alerts when your voice is needed most.

Roundup and Review 

ÌÇÐÄÊÓÆµ to the United States Patent and Trademark Office’s Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation (84 F.R. 58141, Docket No. PTO-C-2019-0038). ÌÇÐÄÊÓÆµ supports consideration of a contract preemption provision to ensure libraries may continue to benefit from the exceptions provided in the Copyright Act.

The Association also sent to the National Archives and Records Administration to suggest ways to incorporate greater stakeholder participation to the federal records appraisal process. The letter includes examples of how greater access to certain categories of federal records–including those that might be deemed irrelevant and marked for destruction by a federal agency–may be valuable for legal research.