FW: Help Stop the FCC's Unlawful Restrictions on Librarians

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From: Goldman, Ava (Ava_Goldman@CalPERS.CA.GOV)
Date: Fri Mar 18 2005 - 13:09:52 PST 

Subject: FW: Help Stop the FCC's Unlawful Restrictions on Librarians
Date: Fri, 18 Mar 2005 13:09:52 -0800
Message-ID: <781B30BA0EB0904F8203EC15339A3B6904B26270@hqk110.calpers.ca.gov>
From: "Goldman, Ava" <Ava_Goldman@CalPERS.CA.GOV>

Help Stop the FCC's Unlawful Restrictions on Librarians
  
Many of you already know about SLA's involvement (along with AALL, ALA,
ARL, MLA and other organizations) in challenging the FCC's "Broadcast
Flag" rule, a rule that will prevent librarians from being able to
distribute or make available copies of broadcast television programs on
the Internet. It will also require you to purchase new electronic
equipment that your library now uses to read or manipulate digital
television signals (such as DVD players, recorders, TiVos, appropriately
equipped computers, etc.) if that equipment is not Flag-compliant and
your library does not already own a digital TV tuner.

(See SLA's
<http://www.sla.org/content/SLA/advocacy/ppolicyupdts/ppolicy1222.cfm>
December Public Policy Update and
<http://www.sla.org/Documents/Broadcastweb.htm> What is Broadcast Flag,
and <http://www.sla.org/pdfs/121004Petitionersreplybrief.PDF>
Petitioners Reply Brief)
<http://www.sla.org/content/SLA/advocacy/ppolicyupdts/ppolicy1222.cfm>
http://www.sla.org/content/SLA/advocacy/ppolicyupdts/ppolicy1222.cfm

 <http://www.sla.org/Documents/Broadcastweb.htm>
http://www.sla.org/Documents/Broadcastweb.htm
 <http://www.sla.org/pdfs/121004Petitionersreplybrief.PDF>
http://www.sla.org/pdfs/121004Petitionersreplybrief.PDF
as well as detailed information on ALA's site:
 
<http://www.ala.org/ala/washoff/WOissues/copyrightb/broadcastflag/broadc
astflag.htm>
http://www.ala.org/ala/washoff/WOissues/copyrightb/broadcastflag/broadca
stflag.htm

We have filed an appeal to the federal Court of Appeals in Washington,
DC, arguing that the FCC had no authority to promulgate the Broadcast
Flag rule. The validity of the Broadcast Flag is now pending before
that court.

This week, the court issued a very important order requiring us to
submit evidence proving that we have "standing" to sue the FCC. In
order to provide the court with the evidence it needs--and to defeat the
Broadcast Flag, which will sharply limit how libraries might be able to
use broadcast materials, perhaps in ways we might not yet have even
conceived--we need your help. And we need it quickly.

We are looking for members of our organizations who might be willing to
submit an affidavit explaining how the Broadcast Flag harms them. The
process will be simple, straightforward, and not very time-consuming.

The lawyers representing us in the case will assist in drafting the
document; you'll just have to help provide the facts of what it will
say. The affidavits must be filed by March 29, which means that they
must be prepared as soon as possible next week (the week of March 21).

If you can answer "yes" to the following questions and would be willing
to help us protect the First Amendment rights of librarians, and the
rights we fought so hard to obtain in the TEACH Act, then please contact
us as soon as possible:

1. Are you a current member of SLA, AALL, ALA, ARL, and or MLA?
  
-and-
  
2. Do you do any of the following?
  
    A. Archive television broadcasts for use by library patrons or
other educational or research purposes?
  
    B. Use portions of television broadcasts in distance learning
courses, or make broadcast portions available to teachers at your
institution for this purpose?

    C. Make portions of television broadcasts available via your
library's or your school's website for any educational, research, or
commentary reasons?

    D. Record television broadcasts at your library for any other type
of educational purpose?
  
    E. Have equipment that you use to archive, record, or manipulate
copies of television broadcasts that you would replace if it no longer
allowed you to archive, record, or manipulate the television broadcast
in the same way you do today.

Please contact either Carrie Russell, <mailto:crussell@alawash.org>
crussell@alawash.org or Miriam Nisbet, <mailto:mnisbet@alawash.org>
mnisbet@alawash.org. (ALA's Washington Office is coordinating the
information).

We look forward to hearing from you to help in this important issue!

Thank you,

Douglas Newcomb, CAE
Director, Public Policy
Special Libraries Association
331 South Patrick Street
Alexandria, Virginia 22314, USA
Tel. 1-703-647-4923 (Direct)
Tel. 1-703-647-4900
Fax 1-703-647-4901
DNewcomb@sla.org
 <file://www.sla.org> www.sla.org 

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