ALA's position on electronic access to materials.

[Marti Anderson]

I thought in light of the recent discussion on filtering of the 
Internet, this post (sent in two parts) forwarded to LM_Net by Mike 
Eisenberg might be of some interest. Those of you who are opposed to 
discussion of philosophical issues might wish to delete this.

:-)   Marti Anderson
mailto:marti at inwave.com

Subject: 
        Part I: ALA Q&A on Access to Electronic Information, Services 
and Networks 
  Date: 
        Sun, 8 Jun 1997 22:34:14 -0400 
  From: 
        Mike Eisenberg <mike at ERICIR.SYR.EDU>
    To: 
        LM_NET at LISTSERV.SYR.EDU


I think we all will find this interesting:
 (in 2 parts)

Date: Fri, 06 Jun 1997 08:56:38 -0500
From: Cynthia Robinson <crobinso at ala.org>

Subject: Q&A on Access to Electronic Information, Services and Networks

Following is the Q&A on Access to Electronic Information, Services and
Networks.  This document is not an ALA policy, but is rather meant to
offer guidance for librarians providing electronic access.  As such, it 
will
be revised from time to time by the ALA Intellectual Freedom Committee.
Any comments or questions can be addressed to the Committee at
oif at ala.org.

Please feel free to forward this document.



June 5, 1997

QUESTIONS AND ANSWERS

Access to Electronic Information, Services and Networks:
An Interpretation of the Library Bill of Rights

In January of 1996, the American Library Association  (ALA)  approved
Access to Electronic Information, Services and Networks:  An
Interpretation of the Library Bill of Rights. ALA's Intellectual Freedom
Committee then convened to produce a sample set of questions and
answers to clarify the implications and applications of this 
Interpretation.

Many of the following questions will not have a single answer.  Each
library must develop policies in keeping with its mission, objectives, 
and
users.  Librarians must also be cognizant of local legislation and 
judicial
decisions that may affect implementation of their policies. All 
librarians
are professionally obligated to strive for free access to
information.

INTRODUCTION

1.  What are the factors that uniquely position American
librarianship to provide access to electronic information?

Electronic media offer an unprecedented forum for the sharing of
information and ideas envisioned by the Founding Fathers in the U.S.
Constitution.  Their vision cannot be realized unless libraries provide 
free
access to electronic information, services, and networks.

Thomas Jefferson, James Madison, and others laid the basis for a
government that made education, access to information, and toleration
for dissent cornerstones of a great democratic experiment. With
geographic expansion and the rise of a mass press,
American government facilitated these constitutional principles through
the creation of such innovative institutions as the public school, land
grant colleges, and the library. By the close of the 19th century,
professionally trained librarians developed specialized techniques in
support of their democratic mission.  In the 1930's, the Library Bill of
Rights acknowledged librarians' ethical responsibility to the 
Constitution's
promise of access to information in all formats to all people.

2.  What is the library's role in facilitating freedom of expression
in an electronic arena?

Libraries are a national information infrastructure providing people 
with
access and participation in the electronic arena.  Libraries are 
essential
to the informed debate demanded by the Constitution and for the
provision of access to electronic information resources to those who
might otherwise be excluded.

3.  Why should libraries extend access to electronic information
resources to minors?

Those libraries with a mission that includes service to minors should
make available to  them a full range of information necessary to become
thinking adults and the informed electorate envisioned in the 
Constitution.
The opportunity to participate responsibly in the
electronic arena is also vital for nurturing the information literacy 
skills
demanded by the Information Age. Only parents and legal guardians
have the right and responsibility to restrict their children's * and 
only
their own children's * access to any electronic resource.

4.  Do ALA intellectual freedom and ethics policies apply to the
provision of access to electronic information, services and
networks?

Yes, because information is information regardless of format.  Library
resources in electronic form are increasingly recognized as vital to the
provision of information that is the core of the library's role in 
society.

5.  Does the ALA require that libraries adopt the Library Bill of
Rights or the ALA Code of Ethics?

No.  ALA has no authority to govern or regulate libraries.  ALA's 
policies
are voluntary and serve only as guidelines for local policy development.

6.  Does ALA censure libraries or librarians who do not adhere
to or adopt the Library Bill of Rights or the ALA Code of Ethics?

No.

7.  Do libraries need to develop policies about access to
electronic information, services, and networks?

Yes.  Libraries should formally adopt and periodically reexamine 
policies
that develop from the missions and goals specific to their institutions.


RIGHTS OF USERS

8.  What can we do when vendors/network providers/licensors
attempt to limit or edit access to electronic information?

Librarians should be strong advocates of open access to information
regardless of storage media.  When purchasing electronic information
resources, libraries should thus attempt to empower themselves during
contract negotiations with vendors/network providers/licensors to
ensure the least restrictive access in current and future products.

Libraries themselves along with any parent institution and consortia
partners should also communicate their intellectual freedom concerns
and public responsibilities in the production of their own electronic
information resources.

9.  How can libraries help to ensure library user confidentiality
in regard to electronic information access?

Librarians must be aware of patron confidentiality laws on library
records for their particular state and community.  In accordance with
such laws and professional ethical responsibilities, librarians should
ensure and routinely review policies and procedures for maintaining
confidentiality of personally identifiable use of library materials,
facilities,
or services.  These especially include electronic circulation and online
use records.  Hence, libraries and their consortiums should ensure that
their automated circulation systems, other electronic information
resources, and outside provider services strive to conform to applicable
laws and the library's ethical duty to protect confidentiality of users.

Electronic records on individual use patterns should also be strictly
safeguarded. Software and protocols should be designed for the
automatic and timely deletion of personal identifiers from the tracking
elements within electronic databases.  System access to computer
terminals or other stations should also be designed to eliminate 
indicators
of the research strategy or use patterns of any identifiable patron.  
For
example,  the efforts of the last user of a terminal or program should 
not
remain on the monitor or be easily retrievable from a buffer or cache by
subsequent users.  Library or institutional monitoring for reserving 
time
on the machines and the amount of time spent in electronic information
resources should be similarly circumspect in protecting the patron's
privacy rights.

Libraries and their institutions should provide physical environments 
that
facilitate user privacy for accessing electronic information.  For 
instance,
libraries should consider placing terminals, printers, and access 
stations
so that user privacy is enhanced.  Where resources are limited, 
libraries
should consider time, place and manner restrictions.

Finally, libraries must be sensitive to the special needs for 
confidential
access to electronic information sources of physically challenged
patrons.

10.  Our library is just one of many autonomous institutions in a
consortium.  How can we be sure that our cooperating partners
honor the confidentiality of our library users in a shared
network environment?

This is a contractual and legal matter.  The importance of 
confidentiality
of personally identifiable information about library users transcends
individual institutional and type of library boundaries. Libraries 
should
establish and regularly review interlibrary and interagency cooperative
agreements to ensure clear confidentiality policies and procedures,
which obligate all members of a cooperative, or all departments and
branches within a parent institutions.

11.  Do libraries need an "acceptable use policy" for electronic
information access?  If so, what elements should be
considered for inclusion?

Access questions are rooted in Constitutional mandates and a Library 
Bill
of Rights that reach across all media.  These should be professionally
interpreted through general service policies that also relate to the
specific mission and objectives of the institution.  Such general 
policies
can benefit from the legacy and precedents within the ALA's Intellectual
Freedom Manual, including new interpretations for electronic resources.

Reasonable restrictions placed on the time, place, and manner of library
access should be used only when necessary to achieve substantial
library managerial objectives and only in the least restrictive manner
possible.  In other words,  libraries should focus on developing 
policies
that ensure broad access to information resources of all kinds, citing 
as
few restrictions as possible, rather than developing more limited
"acceptable use" policies that seek to define limited ranges of what 
kinds
of information can be accessed by which patrons and in what manner.

12.  Why shouldn't parental permission be required for minor
access to electronic information?

As with any other information format, parents are responsible for
determining what they wish their own children to access electronically.
Libraries may need to help parents understand their options during the
evolving information revolution, but should not be in the policing 
position
of enforcing parental restrictions within the library.  In addition, 
libraries
cannot use children as an excuse to violate their Constitutional duty to
help provide for an educated adult electorate.

The Library Bill of Rights--its various Interpretations (especially Free
Access to Libraries for Minors; Access for Children and Young People to
Videotapes and Other Nonprint Formats), and ALA's Guidelines for the
Development and Implementation of Policies, Regulations and Procedures
Affecting Access to Library Materials, Services and Facilities--also
endorse the rights of youth to library resources and information as part
of their inalienable rights and the passage to informed adulthood.
Electronic information access is no different in these regards.

-end part I-