The Information Policy Blog
The (unofficial) blog of the BCLA Information Policy Committee
Category Archives: National Issues
Open Access Salon Writeup (& more) in the BCLA Browser
Not only has Allison Trumble done a great job organizing the rebirth of the IPC salons, she wrote up last week’s for the BCLA Browser: IPC Salon: Open Access Week. Thanks Allison!
The Browser also has an article by Leanna Jantzi about BCLA joining the Protect Our Privacy Coalition, which we in the IPC are very proud to be a part of.
BCLA joins the Protect Our Privacy coalition
In light of mounting concerns over user privacy and government surveillance of internet activity, the Intellectual Policy Committee is very pleased to announce the launch of the Protect Our Privacy coalition. We are also very proud to say that BCLA is a member – we are the first library association in Canada to participate in this effort.
In partnership with OpenMedia and dozens of other organizations around the country, the coalition centers on the following statement:
More than ever, Canadians need strong, genuinely transparent, and properly enforced safeguards to secure privacy rights. We call on Government to put in place effective legal measures to protect the privacy of every resident of Canada against intrusion by government entities.
Learn more at https://openmedia.ca/ourprivacy
OpenCanada’s Surveillance Primer
OpenCanada.org has done a bang-up post about NSA-style surveillance in Canada by CSEC entitled Canadian Surveillance 101. Here’s their preamble:
The information leaked by Edward Snowden about the U.S. National Security Agency (NSA)’s data collection programs is driving a nation-wide debate in America over the future of privacy and national security. Americans, however, are not the only ones who should be considering the consequences the NSA’s activities. Other countries, including Canada, operate similar surveillance programs and participate in national security data sharing partnerships that crisscross the globe. Given this reality, and the fact that much of Canadians’ online data flows though servers located in the U.S. where it is not subject to any Fourth Amendment protection, we think the tenor of the privacy-security debate within Canada is too quiet. Expanding the debate will require engaging more Canadians with what we know and don’t know about surveillance in Canada. To this end, here is a modest exploration of what we’ve learned since the Snowden story broke.
Organizational Transparency and Closed Doors
We haven’t been talking about the Library Archives Canada/Canadiana digitization project here on the IPC blog these past few weeks for a couple of reasons. The first is mostly because a lot of the discussion has been taking place on mailing lists I’m not actually on, so whenever I sit down to write I feel a bit like I’m missing some crucial context. But the bigger reason is that other people have been writing very clearly on the matter and I haven’t had anything to add.
I’d suggest that the very best piece of commentary I’ve read has been Mita Williams’ The Heritage Heritage Minute and The Digital Library of Canada We Lost. She goes through the chronology of the situation and provides a very even-handed analysis of why people have concerns about the project. Her essay is peppered with links, including to Kevin Read’s We Ask for Transparency, Heather Morrison’s explanation of why the misuse of Open Access in the leaked documents was problematic, and of course Bibliocracy (I’ll just link to Myron’s most recent post which came after Williams’ was published.
In the face of all that there’s not a lot that I would be adding. But I want to make a comment tying this together with the other big information news of the last month. The American Library Association just had one of their annual conferences and at it they passed a resolution about the NSA spying scandal saying:
that the American Library Association recognize Edward Snowden as a whistleblower who, in releasing information that documents government attacks on privacy, free speech, and freedom of association, has performed a valuable service in launching a national dialogue about transparency, domestic surveillance, and overclassification.
Interestingly, the next day that resolution was “replaced” by this resolution in which Snowden’s name was removed and the language was changed to reflect a more general support for “privacy, open government, government transparency and accountability.” In a letter to the Social Responsibilities Round Table Al Kagan said:
As progressive councilors have discussed for the past two years, it is all fine and good to support the results of whistleblowing, but this does not happen without the brave action of individuals. Whistleblowers put their jobs, their careers,their freedom, and sometimes their lives in danger by taking bold measures to bring abuse of the public trust to the media. Nothing happens without the individuals, and they need all the support that they can get.
He also called for librarians to be braver and lead discussion, rather than simply accepting backroom deals.
Libraries in general could benefit from a more open discussion of how our organizations work, especially when some members have issues with the results. Being quiet and unquestioning doesn’t help anyone improve.
access, surveillance & edward snowden
As it stands right now, there are three biggish stories going on in the information policy world right now. As is usual with the IPC, access to information is our unifying thread.
First the World Intellectual Property Organization’s treaty that wants to ensure print-disabled citizens can’t have access to materials for them. That’s going on right now. In Canada library organizations are urging Canada’s negotiating team to argue for certain positions:
- That authorized agencies have the right to bypass a technological protection measure to make alternate format available to another authorized agency or qualified individual worldwide.
- That the treaty not include a “commercially available” restriction on the cross border supply of alternate formats. This would have the effect of placing cumbersome, if not unworkable, requirements authorized entities and severely impede the availability of content to all, especially in underdeveloped and developing countries.
- That cumbersome and unnecessary treaty language referencing other legislative (US fair use) or treaty (Berne’s 3 step test) regimes is unnecessary.
CULC’s full letter is available here. One of the issues with these treaties and negotiations has to do with our old friend Digital Rights Management (or TPM in Canada) and how the language of these agreements (and Canadian laws) are set up to benefit well-resourced lobbying groups even while there’s some reasonable lip-service paid. So this is an issue.
There’s also rumbling about Library and Archives Canada putting up paywalls on digitized materials. This one doesn’t have anything official out there yet, so we’ll just link to some preparatory ire.
And then thirdly there’s the big American news about the NSA keeping databases of phone calls and the program PRISM that gives the NSA access to internet companies’ information and just today Edward Snowden came forward as the leaker of that NSA information.
There’s a lot out there on these things to read. David Simon (of The Wire fame) wrote about how this PRISM thing isn’t a scandal because this is how the law works. Warrants are still necessary, and do you really want to take these tools out of law enforcement’s hands?
Frankly, I’m a bit amazed that the NSA and FBI have their shit together enough to be consistently doing what they should be doing with the vast big-data stream of electronic communication. For us, now — years into this war-footing and this legal dynamic — to loudly proclaim our indignation at the maintenance of an essential and comprehensive investigative database while at the same time insisting on a proactive response to the inevitable attempts at terrorism is as childish as it is obtuse. We want cake, we want to eat it, and we want to stay skinny and never puke up a thing. Of course we do.
Others are talking about what shoddy journalism these leaked stories are since all the tech companies are denying that they’re participating. And there’s some indication that all these companies are doing is just making the NSA’s job easier within the bounds of the law.
I have some sympathy with David Simon (and John Scalzi, for that matter) when they say that this whole thing is just how the world works and pretending to be surprised now is bullshit. Money and Power and all that. These are the laws we made to create a legal surveillance state. But that doesn’t make it right. (It’s also impossible to feel any sympathy for (and infuriating to see) a government who is trying to make itself out as the gut-wrenched victim though.)
There’ll be more coming. But one of the things to be aware of here is that even though it’s possible the only person who did anything illegal in regards to this whole NSA program is Edward Snowden for leaking it (and it is very interesting that Hong Kong is where he’s hoping to avoid being extradited; the Chinese probably have more clout on that than they were portrayed as in The Dark Knight) that’s a huge problem. We wouldn’t be able to talk about what these surveillance laws hath wrought if someone hadn’t snuck them out. This just highlights the importance of challenging and changing laws to fit the needs of citizens instead of law-enforcement and spy agencies.
Of course, it is possible to talk about these policies even without a scandal of illegality. Michael Geist has a great post (filled with links and analysis) talking about how the issues raised by PRISM apply in Canada:
Does this mean Canadian authorities are engaged in similar forms of surveillance? That phone companies such as Bell and Telus are subject to warrants similar to those faced by Verizon? That Internet companies co-operate with Canadian authorities? That Canadian and U.S. authorities share information obtained through programs such as the Verizon meta-data program or PRISM? That Canadians are targeted by the U.S. programs?
The law would suggest that all of these things are entirely possible. Given the integrated communications networks and the increased information sharing, it seems very likely. Yet since virtually everything remain shrouded in secrecy, Canadians don’t know for sure.
That “shrouded in secrecy” is the problem in all three of these issues we’re talking about today. As information professionals we need to push for more transparency in our laws. We also need to be working with organizations pushing for more privacy for individuals and more openness for governments (and other powerful organizations). This is one of those times we need to be supporting OpenMedia and the Electronic Frontier Foundation.
Last word for today comes from Edward Snowden:
The primary lesson from this experience was that “you can’t wait around for someone else to act. I had been looking for leaders, but I realised that leadership is about being the first to act.”
What do you think we should do?
Collection of Statements from Infopros on National Librarian/Archivist Qualifications
Since Daniel Caron needs to be replaced as the head of Library and Archives Canada (the position is currently being filled by Hervé Déry on an interim basis), information professionals with an interest have been putting out some ideas of what we would like to see. There was a Heritage Roundtable on LAC at parliament on May 17 (organized by NDP Heritage Committee members) where, among other things, Myron Groover said:
We need someone who will not shy away from the difficult task of paring down a bloated and self-serving management culture which has treated LAC as a personal fiefdom. And we need someone with a strong personal understanding of information technology as it relates to libraries and archives – this point cannot be emphasised enough.
Since that roundtable meeting the Joint Statement on Qualities of a Successful Librarian and Archivist of Canada was created and has been endorsed by a number of library organizations across the country (that link was to the Canadian Health Libraries Association’s blog post version, but if you prefer it in PDF format, try the Canadian Library Association’s page). This story has been picked up by Gemma Karstens-Smith in the Ottawa Citizen, and David Akin had a good piece about having a librarian instead of someone with an economics degree at the head of LAC..
Accompanying the statement on that CLA page is an open letter (PDF) to the Clerk of the Privy Council giving a bit more context (though not what the Clerk of the Privy Council’s role in appointing a new head of LAC would be). The Canadian Association of Research Libraries also has an open letter to Stephen Harper on the topic of a new LAC head.
It’s excellent to see information organizations across the country trying to be heard on this issue. Hopefully we’ll have some impact.
Daniel Caron’s Departure
The big news today is that Daniel Caron has resigned as the head of Library and Archives Canada. Teresa Smith has a good story in the Ottawa Citizen which includes quotes from IPC’s Myron Groover.
Groover said that since the beginning of Caron’s tenure in 2009, he “wasn’t very interested in working with librarians, archivists or technology specialists, thinking instead that he could just go it alone and figure out this huge modernization push without any sort of grounding in fiscal or professional reality.”
While there’s been a bunch of talk on Twitter about being glad to see the back of the figurehead for gutting LAC and destroying the NADP in the name of mismanaged digitization, it’s also important to realize that for the community of information professionals this doesn’t mean much.
Myron says it better here, but in summary: The shitty policies at LAC are still in place. Their budget has still been slashed. There will be a new head of LAC and it’s important that we make sure that that person is someone who takes the role of a memory institution and its challenges seriously and that requires us to do the work to make our voices heard.
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