Wednesday, July 23, 2003

gated information and the role of libraries Recently I got access to digital cable – it’s not something that I pay for, but is a nice perk provided by my generous landlady. It made me realize that I am on the über-privileged side of the digital divide: hundreds of TV channels, broadband internet connection. I also have access to non-public material sites such as on Salon and AOL Then through my work I have Westlaw and Lexis passwords, and free interlibrary loans – within reason. My point isn’t to brag, but I can say that I have access to a lot of stuff which is out of reach of less privileged people. Before I had access, I had no idea of the type of things that I was missing. I’m disturbed to see how effective technology has been in separating information from the haves and have-nots. Ten years ago in Australia, there was no pay-TV and barely a world-wide web (and what there was limited to educational and scientific purposes). The main sources of information were printed publications and the free broadcast media of radio and TV. I know printed magazines and journals have never been exactly cheap, but many of these were freely usable in public and academic libraries. Is there any way of categorizing information as essential or non-essential information? I wonder if there are some types of information – particularly legal and governmental - which all people have a right to access and use in a free society. Especially when society says that ignorance is no excuse for not obeying the law and everyone has equal rights & duties in the political process, irrespective of their income. So does mean that everything else would be non-essential information – entertainment for which it is entirely fair that people pay for. I’m not sure if there’s a clear dividing line between what’s essential and what’s entertaining. For example, national (and especially local) news provide information without which it would be very difficult to participate in the political process, but they also contain entertainment sections. And if news is essential, then what about magazines or lifestyle programmes aimed at particular groups – women, men, different ethnic groups – these may contain more entertainment than news, but what news they cover might be the only way that their particular constituents access any news. Another quandry is with the arts, sciences and other academic disciplines. If it’s in society’s interests that all people are able to make advances in the arts, sciences and other fields of learning, how is this possible if only elites have access to this material? Are we saying that only the elites – those with the means to pay for this material – have anything to contribute in these areas and that the poor deserve to shut out? Or do we think that great art can happen in a vacuum and that it is not necessary to know of what’s been tried before? The point of all these unanswerable questions is that libraries are the buffer zones – or safety net, if you want a different metaphor – of the digital information divide. Fund public libraries adequately, and you won’t need to answer these questions about who is worthy enough to receive which information. Most importantly, libraries are no longer about books. They are just not about books, microfiche, videos, audio tapes, CDs, DVDs or online databases – important as all these things are. Libraries are repositories of information, in whatever form. In an ideal world (and I am allowed to be idealistic and naive sometimes), libraries would collect all useful information which has been broadcast (via TV, radio or the web) and is not otherwise available in fixed formats, such as tapes or discs produced by the broadcaster. </idealism>: Of course, this is not going to happen because of two big reasons. Firstly, libraries are currently too understaffed and underfunded to imagine adding this to their workload. Secondly, this would be against existing copyright laws. 9:22:53 AM

	Wednesday, July 16, 2003

missing out on the AALL conference in Seattle My biggest regret of the summer is that I’m not attending the annual meeting of the American Association of Law Libraries, which is currently taking place in Seattle as I type this. It would have killed me to go all the way to beautiful Seattle and just be in the conference venue – and not have any time (or money) to stay there a bit longer and go bushwalking (hiking). I don’t like the sort of travel that encourages people to ignore the differentness of place. And somebody had to watch the library here while most of my co-workers are away. Next year the conference is in Boston, somewhere I’ve also wanted to visit. I’ll make sure that I attend that conference and have the ability to explore that part of the world, if only a little. P.S. One of my pet peeves is that all library professional associations are named after the buildings we work in. Would it be too shocking to have an American Association of Law Librarians? Music: Liz Phair, Liz Phair, Take a Look 12:16:07 AM

	Tuesday, July 15, 2003

summer work (All of what I’m writing tonight is really one entry, broken into different paragraphs, but I’ve decided to separate it into separate postings.) Many bloggers take a summer break. I wasn’t planning on doing such a thing, but it happened any way – hence the lack of the standard announcement of light blogging. As I have mentioned before, the summer seems more busy for me in the law library. Although there’s less reference work, we are expected to do more in the way of summer projects. For me, I prefer the randomness of answering people’s questions – most of whom are very nice to work with. This isn’t to say that all of my summer projects are boring – but they are more work. Working on getting EZProxy working in my library so that our users will be able to authenticate to the proxy server and then access our IP address restricted databases from anywhere. Include entries (with working URLs) for our full-text electronic journals – chiefly available via HeinOnline – into our online library catalogue. Make new floor maps of the library that can be put onto the library website and integrated into the library catalogue. Work with other public services staff on a faculty services handbook. Participating in an IT committee that is investigating portal solutions for the university web site as a whole. Music: Liz Phair, Liz Phair, Why Can’t I? 11:55:42 PM

	Tuesday, June 24, 2003

my thoughts on government-mandated web filtering in public libraries It almost goes without saying that I think that this decision is wrong. Another example of the US Supreme Court being split down the middle with Justice O’Connor being the swing vote that gave the conservatives another thin majority. I hope that history judges the Rehnquist Supreme Court as harshly as it judges Dredd Scott. That said, I do think that this is a difficult issue. I don’t want weird people viewing porn and wanking over the keyboards where I work! It horrifies me how the most innocuous search term in a search engine -- or mistyped URL can lead to some very nasty results. This may sound like heresy to some librarians, but I don’t think the status quo was working well. Something needed to be done, but I think CIPA went way too far. It’s wrong to make everybody (meaning the less privileged teens & adults on the other side of the digital divide who can’t afford their own internet access) view the internet through the filter of what’s appropriate for a child. Even the Supreme Court admits this, but says that it’s sufficient that an adult can request to have the filters temporarily turned off. A commentator on today’s FutureTense (I must give a link to this Minnesota production) was correct when he mentioned how people will be very reluctant to ask library staff to have the “porn filters” turned off. So I call on all adult library patrons to thwart this paternalistic Supreme Court decision to demand that filters be turned off when they visit their public library. Not so you can look at porn, but just so that you can use the internet that hasn’t been filtered or dumbed-down or bowdlerized (now that’s a word that’s due for a revival!). Any librarian worth her or his salt would be happy to turn off the filters for this reason. Don’t expect such a positive reaction if you actually are planning on looking at porn in a public library. Whenever I get a minute, I should reread some jurisprudence. The law is only one means (the very official and blunt tool) for governing people’s behaviour. There are also personal ethics and social mores. I would hazard to guess that although most librarians would fight for your legal right to read anything you want, they would not be thrilled about somebody viewing porn in a their library or any other public place. Generally, social restraints are more pervasive but less enforceable than legal rules. That is why there is a danger when conservatives want all their social mores embodied in the law. There is a place for socially disapproved but legal behaviour. It is a murky area which is both a nasty cesspool and a helpful compost heap – which is fertile for humour, self-analysis and new ideas. Furthermore, there is something about the smell of this cesspool/compost heap which keeps the Borg of Conformity & Tyranny at bay. Because as soon as you want the law to mirror social mores – the first issue is who’s mores get chosen. Because that’s the thing, although a lot of social mores are held in common, they are not uniform. And although in a democracy, the majority has the right to do what it wants according to its constitutional powers, it would be very dangerous for a majority to use the its power to impose all of its social mores on everyone else – whether that majority happens to been in Parliament / Congress or the Supreme court. 9:05:34 PM

	Tuesday, June 17, 2003

interesting post from a LiveJournal about library cataloguing today In the old days, Pre MARC [Machine Readable Cataloguing], it was common to have almost as many catalogers as reference people. Books arrived. You hoped for a LC-Card number in the back and if that happened, you ordered cards from the Library of Congress. Eventually most of them came. If the book was new, you knew you had to come up with your own cataloging ... Catalogers are a fraction of the numbers that Reference types are. Do you still need to catalog some things originally? Sure. Is it a substantial fraction of what you buy? hardly. I know of one university with graduate programs that hits over 95% on OCLC. What gets reviewed gets bought. What gets bought gets cataloged. ... I hire catalogers. It's hard. ... I train every new hire. I do more training than cataloging these days. and at the same time, I can't tell prospective students that they'll be able to find work cataloging when they graduate. Medium sized libraries with one cataloger are common. It's like waiting for a tenant to die so you can have their apartment in New York. [librarian50] 10:22:25 PM

	Wednesday, June 4, 2003

I'm both of these, as well as being an accidental blogger Accidents Do Happen. If you're not an Accidental Systems Librarian, perhaps you're an Accidental Webmaster. I'm sure one of your many hats is accidental.... [via beSpacific] [The Shifted Librarian] 8:06:54 AM

	Wednesday, May 21, 2003

dissecting arguments for investigating library patron information under the Patriot act ALA Aiding And Abetting Terrorists. Gerry writes "David Horowitz's FrontPageMag, dedicated to rooting out the fifth columns, left-liberals and hate-American conspirators among us, turns its withering gaze to LIBRARIANS..... Please have some fun baiting true believers in the comments forum. " At least they admit ALA librarians are not the quiet, unassuming stereotypes you see on TV and in the movies, but they go on to say while the ALA ostensibly wants to protect the First Amendment rights of all people to read what they want, they themselves seem to have not read the USA PATRIOT Act and its guarantees to protect First Amendment Rights. [LISNews.com] Maybe it's my legal background, but I'm always interested in dissecting a controversy into the exact areas of disagreement. Although I heartily disagree with almost everything written in this article (authored by Paul Walfield), I find that it illuminates very clearly the differences in the two viewpoints. "The idea is simple; terrorists use things like airliners against us. Now, we make it harder for them to do that by federalizing airline checkers, and putting marshals on planes and beefing up airline security in general. The Feds want to do the same for terrorists that use our libraries." Let's develop this argument a little further. The terrorists didn't just use airlines and libraries (allegedly) against the US - they exploited weaknesses inherent in an open, democratic society - freedom of association and movement, freedom of thought, and freedom to read. Let's cut to the chase - 9/11 wouldn't have happened in a police state without those freedoms. Does this mean that these fundamental human rights are to blame for the tragedy and must be curtailed? Of course, even John Ashcroft is not going to admit to that, but we live in an age of doublespeak. So instead of abrogating these freedoms, they attack the tangible institutions and professionals which protect these abstract ideas - in the name of patriotism and preserving the American way of life. The danger is that human rights expressed in the constitution become meaningless because there are no ways of protecting infringements of those rights by the executive branch of government. "The librarians say they will not break the "sacred" trust between a patron and a librarian. The American Library Association seems to view this bond as literally sacred." This has to be the most offensive part of Walfield's article, the way that he scoffs at the idea of librarian's ethics in general, and librarian-patron confidentiality in particular. Without this confidentiality, we librarians could report all patron borrowing, reading and web surfing habits to the government - or sell this information to marketers. Everything you read will be on the record somewhere (but not accessible to you), and people will make inferences about your beliefs and security risks from this - without any input from you or any ways of fixing errors or erroneous assumptions. "She didn't explain that when you take a book out of the library, you are giving up any right to privacy. The employees at Santa Cruz know what their people check out but will not allow our government to know the same ..." Does Walfield really think that because library employees might know what a patron is reading or borrowing, that patrons have given up all their rights to privacy? And that the government might as well know everything too? That's like saying that there's no such thing as medical privacy because doctors and nurses might know your medical information. Well, I'm glad that I can clarify that this is another reason why we emphasize librarian-patron confidentiality in our professional ethics. We know that this information is potentially very sensitive - not unlike medical records - and we take pains to be very careful with it. Library-patron confidentiality is not something which we invented after 9/11 so we could be a thorn in the side of the Bush administration and advance our left-wing agenda. My mother was an academic librarian in the 1970s and this was as central to librarianship then as it is now. "[The Patriot Act] prohibits the government from doing anything that would infringe on an individual's First Amendment right." Yes, that's how the law is written on its face. But in effect, this protection is meaningless. It's up to the FBI to decide if they may be infringing on your first amendment rights. The only restraint on the over-zealous investigator is at a secret summary hearing where you will not be represented. Even if the secret judges do care whether an investigatee's first amendment rights are protected, it is very difficult for them to do so, because they are only told the would-be prosecutor's side of the story. "Unlike our Founding Fathers, the ALA gives First Amendment Rights to "all individuals," presumably including non-citizen terrorists." LISNews.com commentor Daniel Cornwall pointed out that in fact Jefferson believed that the first amendment should apply to all indviduals "against every government on earth" and that he thought that the constitution was flawed for not stating this more clearly. 12 The Papers of Thomas Jefferson 438, 440 (J. Boyd ed. 1958). Also, while I don't like the idea that terrorists have human rights and may use these rights to cause destruction, it is dangerous to say that terrorists can never have any legal rights. What if you are mistakenly found to be a terrorist, and thereby lose all your legal rights? Including the right to appeal the mistaken terrorist designation? Mistakes happen all the time in any legal system, which is why there need to be procedures - natural justice at the trial level, procedures for appeals and accountability against abuses. After discussing the ALA's resistance to the Patriot Act, Walfield gives a brief chronicle of the ALA's "left-wing agenda." Included in the ALA's list of sins is campaigning for more openess in government records. Towards the end, there is a mention of the ALA being upset at the destruction and looting of the National Library and Archives of Iraq. Of course this was interpreted that the ALA did not care about the safety of American troops. Forget the fact that the Ministry of Oil had been protected, or that the US Government had been warned of the dangers to Iraqi cultural institutions and chose to ignore them - and their international legal obligations as an occupying force. I can't ignore Walfield's mention that the ALA's left-wing activism happens despite the organization's tax-exempt 501(c) 3 status. This struck me as a veiled threat which is so typical of these times. Yes, you still have freedom of speech, but if you express unpatriot/lefty views, we will try to punish you until you shut up! 1:56:16 AM