----------------------------Original message----------------------------
Forwarded from the DFC listserv -- a message from Skip Lockwood,
executive director of the DFC, highlighting the year's events.
Roger Lawson
Chair, ARLIS/NA Public Policy Committee
>>> Skip Lockwood <[log in to unmask]> 12/06/99 09:54am >>>
Dear DFC members,
Congress has recessed and we are once again able to breathe, though
only for a minute. I know many of you were probably quite tired of the
panicked e-mails that regularly circulated around the list at the end of
the session.
H.R. 354: The good news, however, is that we lived to fight another
day and held off a tremendous push for a vote on Chairman Coble's H.R.
354, "The Collections of Information Antipiracy Act". Many of you sent
letters to Rep. Dreier and Rep. Armey and in some cases DFC
organizations sent letters to the full House of Representatives. Our
hard work resulted in stalling the H.R. 354 juggernaut. The job is not
done. To mollify the proponents of H.R. 354, the House leadership
promised to bring H.R.354 to the floor very early in the legislative
session that begins in late January. As supporters of H.R. 1858, "The
Consumer and Investor Access to Information Act," the DFC and the ad
hoc database group will continue to work diligently to contact staff and
representatives and educate them about the dangers of the Coble
approach to information collection. Thanks again for signing-on to so
many letters and for being so responsive, our efforts have paid-off.
[ARLIS/NA signed on to statements supporting H.R. 1858 and opposing
H.R. 354 -- RL]
UCITA: Database is not the only issue that has been percolating over the
last several months. The Uniform Computer Information Transactions Act
or UCITA has gone public and will soon be offered in every state
legislature in the U.S. This piece of legislation is overly complex,
conflicting and places the users of digital information and services at
a marked disadvantage. More specifically, this piece of legislation
will replace the public law of copyright with the private law of
contract; it will remove 200 years of consumer protections and create
new privacy and copyright problems in the digital medium. Essentially,
UCITA will undo all that we have accomplished over the last several
years with WIPO and on database.
The DFC has been monitoring the development of UCITA since its
inception as an update to the Uniform Commercial Code (UCC). Even as
an infant, this piece of legislation was terrible. UCITA is so controversial
that the American Law Institute (ALI), one half of the UCC process, split
from the National Conference of Commissioners on Uniform State Law
(NCCUSL) and refused to discuss further the inclusion of UCITA in the
Uniform Commercial Code. NCCUSL has since decided to skip the
addition of UCITA to the UCC and simply go directly to states with this
horrendous law. Many states are being told that they will not see the
benefits of e-commerce unless they pass UCITA. With the digital
economy growing at 68% a year, many state legislatures are anxious to
reap the benefits of e-commerce. Thus, they will quickly ratify this
"e-commerce" legislation without due consideration of its impact on the
state's economy and the licensees of information and technology.
Recognizing the substantial problems with UCITA, several library
associations organized to undertake a cohesive strategy to oppose this
legislation in the states. Meetings with other like-minded organizations
have led to the formation of "For a Competitive Information and
Technology Economy" or 4CITE. The 4CITE coalition is still young but
contains quite a few DFC members such as the Association of Research
Libraries, the American Library Association, the American Association of
Law Libraries, Computer Professionals for Social Responsibility, the
National Humanities Alliance, and the Special Libraries Association. A
variety of other organizations from such diverse companies as John
Hancock Insurance to Caterpillar Equipment and Georgia-Pacific are
either coalition members or are seriously considering membership. 4CITE
is still waiting for a large number of organizations to complete their
signatory process before making a public announcement about the
coalition. Given the DFC's long-standing opposition to the proposed
changes in article 2b of the UCC and UCITA, the DFC will be a charter
member of 4CITE. 4CITE will be a wonderful tool for advancing the DFC's
interest in a balanced approach to intellectual property law.
4CITE is also a unique opportunity for your constituencies to work
within their states. Since UCITA will be introduced in every state and
it is impossible for 4CITE to have a lobbyist in every state, we are
depending on our member constituencies to build mini coalitions within
their own state to help combat UCITA. 4CITE will be able to provide
educational materials and contacts to other like-minded individuals and
organizations. It will also be able to provide speakers and other
support.
[The Public Policy Committee has recomended that ARLIS/NA join 4CITE;
EB approval is pending -- RL]
1201 (a) rulemaking: Finally, the Copyright Office finally released its
preliminary notice on the 1201 (a) rulemaking. For those of you who
have forgotten, our two-year moratorium on criminal penalties for the
circumvention of technological protection measures is almost up. Soon
the Register of Copyrights and the Department of Commerce will study
and then rule as to the applicability of fair use to certain "classes" of
intellectual property. This one last piece of business from the Digital
Millennium Copyright Act is in many ways the most important section of
the DMCA to the DFC. Fair use is a fundamental principle of intellectual
property law and without good rulings from the Register and Commerce,
fair use will take a beating. You can get a copy of the 1201 (a) notice at
the Government Printing Office's site:
http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=7088815664+4+0+0
The DFC will remain very involved in this issue and will continue to insure
fair use and fair rules.
I would like to say thank you once again for your continued involvement
in the DFC. More organizations have contributed and participated in the
DFC this year than ever before. While we still operate on a shoestring,
I am extraordinarily pleased that so many organizations have made the
DFC a priority and continue to be active in the operation of the coalition. I
think no one could have foreseen the tremendous challenges that the
Internet has posed for both the users and creators of digital information.
Though we are entering a new phase of the digital discussion, the DFC
continues to be a focused entity with a clear mission and a solid string of
successes. With that said, thank you and keep up the good work.
--Skip
My new phone number is 202-533-2004. The old DFC number of
202-628-6048 will also work indefinitely so please feel free to use either
when trying to contact me. My new fax number is 202-872-0884.
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