Author Archives: Lynne Bradley

Protection of online privacy moves forward in bipartisan vote!

Posted on November 29, 2012 | 1 Comment

The Senate Judiciary Committee (SJC) took an important bipartisan vote today to reform the Electronic Communications Privacy Act of 1986 (ECPA) and strengthen the privacy protection of emails and documents stored online in the “cloud.” Senator Patrick Leahy (D-VT), chair of the SJC, spearheaded an amendment to the existing law to require that the government seek warrants before law enforcement, or other federal regulatory bodies, may obtain personal online records from Internet service providers and third party providers. The current ECPA law allows investigators access to emails and other private online information through third parties without judicial approval.

ALA’s commitment to privacy grows out of the library community’s deep principles to protect library users’ reading and online records, unless there is judicial approval and probable cause. In the weeks leading up to today’s markup, the American Library Association (ALA) worked with allies including the Digital Due Process Coalition and the Vanishing Rights Coalition, to advocate for necessary ECPA reforms.  Since ECPA was passed in 1986, several changes in technology have occurred, such as the increasingly popular use of cloud technologies and third party storage services.

With only three weeks left in the current Congress, several steps need to be taken before the bill is completely amended. The bill will now go to the Senate for a floor vote. Additional steps require action in the House and signing by President Obama.  But the markup is a major step forward for the SJC to approve these reform provisions, even if the issue moves to the next Congress.

This current ECPA reauthorization is actually part of H.R. 2471, a reauthorization of the Video Privacy Protection Act (VPPA), also passed in the 1980’s.  The House bill started only as an update of the Video Privacy Protection Act (VPPA.) The Committee passed an amendment by Sen. Dianne Feinstein (D-Calif.) and Sen. Al Franken (D-MN) requiring customers to opt-in to any video sharing agreement, and that any advanced consent to share video viewing information must be renewed after two years – another good step to protect privacy of personal records.

“The American Library Association thanks Senators Leahy, Feinstein, Franken, Cornyn, Lee and others who recognize the importance of protecting personal information in online activities (ECPA) and pushing reforms for consumers’ video-viewing records,” said Lynne Bradley, director of ALA’s Office of Government Relations. “We are ready to work with these champions and others to move these reforms forward in the coming weeks and months.”

Senator Leahy’s statement is now available online.

For more information, visit:

About Lynne Bradley

Lynne works in the ALA Washington Office and is director of ALA's Office of Government Relations.

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Posted in Intellectual Freedom, Library Advocacy, OGR, Public Libraries, School Libraries

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Tell your senators: ‘Don’t let ECPA threaten my electronic privacy!’

Posted on November 27, 2012 | Leave a comment

The Electronic Communications Privacy Act – or ECPA as it is affectionately called – is scheduled for markup this Thursday, November 29th, in the Senate Judiciary Committee (SJC). Originally enacted in 1986 when technology was less complex and less embedded in our lives, ECPA is again up for reauthorization. There is a need for ECPA reform given all the new technologies (ex. the Cloud) and applications (ex. GOOGLE) as well as new threats (ex., financial hackers and cyber-threats). But there are also discomforting rumors that new provisions in the bill could further threaten our privacy.

ACTION ALERT:  Defend online privacy! Use this tool to send an email to your Senators or call them directly and ask them to preserve our Constitutional rights by updating ECPA.

DOES YOUR SENATOR SERVE ON THE JUDICIARY COMMITTEE?  Check this full list of senators on the Judiciary Committee and their office phone numbers. If your senator is on the list, please make a call!

THE MESSAGE: Senators should vote for more privacy protections and oppose amendments that would expose the public to greater monitoring and surveillance without the appropriate subpoenas or warrants.

Like a book’s cover, the title of this bill does not reflect the grave threats to privacy rights inherent to proposed “reforms.”   The discussions are even more complex and confusing because stakeholders, like the American public, have initially only heard about potential amendments and other rumored amendments that may not be made. For further background and  key provisions, visit our VanishingRights webpage. None of us have the full picture of this bill at this writing.  (Bill number may be S. 1011.)

WHAT DOES IT MEAN TO YOU?  The statute says the government can read a lot of your most personal communications and online activities without a warrant.

WHY ARE LIBRARIES CONCERNED?  The library community has long standing principles committed to protecting the privacy of library users based upon the principle that the government and others have no right to access what people read – or now, where they go on the Internet. If  law enforcement need such access, ALA argues that some kind of judicial due and process must be in place.

If ECPA reform does not pass in this Congress, which has little time left, it will be reintroduced in the next Congress. It is important to make our position clear now.

As argued by members of the Vanishing Rights Coalition: “We are simply asking for ALL of our personal information to have the SAME Constitutional protections regardless of how we choose to store it. “

About Lynne Bradley

Lynne works in the ALA Washington Office and is director of ALA's Office of Government Relations.

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Posted in Intellectual Freedom, Library Advocacy, OGR

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Oppose H.R. 5949, the FISA Amendments Act (FAA) Reauthorization Act of 2012

Posted on September 11, 2012 | Leave a comment

Update: The House approved HR 5949, 301-118 on Sep 12, 2012.

BACKGROUND: It’s déjà vu all over again:  Watch what you say and do on your phones, emails and other communications because, once again, the House of Representatives appears ready to reauthorize the 2008 FAA law that legalized the Bush administration’s warrantless wiretapping program and more.  The American public, including our library patrons, will continue to be exposed to needless surveillance under this reauthorization.

The FISA Amendments Act Reauthorization Act of 2012, H.R. 5949, (yes, this is the correct name of the bill and the law) would extend the provisions of the 2008 FAA to December 31, 2017, rather than letting the FISA sunset on December 31, 2012.  The government is allowed to get 12-month orders from the secret FISA court to conduct “dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.”  *

As we did in 2008, the American Library Association (ALA) continues to argue against the FISA Amendments Act because of the FAA’s lack of transparency and the potential for abuse of the system that has been created.

Rep. Jared Polis (D-CO) is taking leadership in the House to oppose H.R. 5949 and to bring some rationality to the necessary balance between our constitutional rights and the needs of law enforcement.  Urge representatives to follow Polis’ lead and to vote against or amend H.R. 5949.

If passed, the bill, at the very least, should be amended to include:

  • Requirements that the government disclose more about the extent and the nature of the surveillance that has been conducted under the FAA;
  • Requirements for reporting about the number of U.S. citizens and individuals affected;
  • Amendments that prevent mass surveillance and prohibit use of collected information for any other government uses beyond national surveillance.

The current FAA law authorizes the government to conduct surveillance in the United States on people that are reasonably considered to be “non-U.S. persons”. That also means the government can monitor communications between U.S. citizens and these non-U.S. persons. This process is approved without any meaningful judicial authorization and without probable cause. The FISA Court only evaluates if the procedures used to conduct the surveillance are designed to target those people that are reasonably believed to be outside of the country. Information is now coming out from the government about the impact on U.S. persons under this law.

Use our legislative action center to send messages to House members opposing H.R. 5949, the FISA Amendments Act  (FAA) Reauthorization Act of 2012 or call your congressional representative now!

* From the ACLU Washington Legislative Office web site where additional details are available: ACLU’s Washington Markup.

About Lynne Bradley

Lynne works in the ALA Washington Office and is director of ALA's Office of Government Relations.

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Posted in Intellectual Freedom, Library Advocacy, OGR, Public Libraries, Telecommunications

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To Senate: Keep Library, Education & Broadband provisions in Senate stimulus package

Posted on February 7, 2009 | 1 Comment

UPDATE ON LATEST SENATE STIMULUS BILL:  Saturday, 4:05 p.m.

The Senate has just finished a unique Saturday session with numerous floor statements from senators on both sides of the aisle.  There has been no action on the floor since late last night.  Good news:  From what we can discern without being able to confirm specific language with Senate staffers, amendment 501 was DEFEATED last night.  This amendment would have cut, from among other programs, $200 million in funding for libraries and community colleges for broadband deployment.

THANK YOU – library advocates. You all generated at least 1,000 calls/messages to senators to help save this funding. It was a tremendous effort in a very few hours – and it helped!

Unfortunately, it appears that there have been very troublesome changes to the education/library provisions in the bill.  Without being able to obtain the actual language, we cannot confirm with any detail, what specific pieces were cut or eliminated.

Supporters – there is still much to do. We now need to generate more messages to ALL senators on the overall library, education and broadband provisions.  We ask library supporters to continue to contact each of their senators (email, calls or faxes) between now and Tuesday.  Watch here at District Dispatch and other news reports to see if the scheduled vote or other provisions change within the next couple of days.)

NEW MESSAGE FOR LIBRARY ADVOCATES TO ALL SENATORS: Keep all library, education and broadband provisions in the stimulus bill.

* Broadband is necessary to level the playing field in all communities and for people of all economic backgrounds and will spur economic recovery and promote new jobs.

* Libraries provide the public with unique, necessary and affordable information and online services related to job and career development, databases and other online information, and computer literacy training to help people apply for jobs and utilize e-government services, which are now often exclusively online.

* Libraries support local small businesses, distance learning and community development.

* Libraries are often the ONLY no-fee access to the internet in local communities – especially in rural areas.

* Where libraries have access to broadband, communities benefit because the public has access to the applications and services needed to function in the modern knowledge economy.

* The important library and broadband provisions of the stimulus bill can:
- create jobs to build out fiber and other broadband infrastructure;
- create jobs for manufacturers and others to supply broadband technology;
- create new markets for affordable broadband;
- stimulate jobs in libraries, education and other community entities that will then also help the public find jobs, develop employment skills, etc.

About Lynne Bradley

Lynne works in the ALA Washington Office and is director of ALA's Office of Government Relations.

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Posted in Washington Office News

Congress in Recess… Connect with Them at Home!

Posted on February 19, 2008 | Leave a comment

Dear Library Advocates,Congress is in recess this week, so this is an excellent time to connect with your Representative or Senators while they’re back home. Simply call the district office to either make an appointment or to learn the schedule of town hall meetings or forums. Also invite your Member of Congress to tour your library to see for themselves the positive contributions libraries are making in their communities.

Ask some questions or bring information about your library and library issues to any town hall meetings or forums. This is one way to re-enforce the “Library Message” with each Member of Congress. Paint a picture of how key federal legislative issues will impact your library and your library constituents. And, while you’re at it you can remind them that your local library could be a place to schedule their next Town Hall meeting!

Have fun – remember it’s recess!

Key Messages

  • Save School Libraries!
  • Preserve Civil Liberties in FISA Reform
  • Include Libraries in ‘Farm Bill’ Telecom Program

Save School Libraries!

Ensure the inclusion of the Strengthening Kids’ Interest in Learning and Libraries (SKILLs) Act in the reauthorization of the No Child Left Behind Act (NCLB). This is the single most important piece of legislation concerning school libraries that will come before Congress this year. Reauthorization of this bill is critical to the future of school libraries.

The U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) will be considering reauthorization of NCLB when Congress returns from recess. In order for the SKILLs Act to be included in NCLB – that is, to place a state-certified school library media specialist in every school – each member of the Senate must co-sponsor the SKILLS Act.

Ask Senators to contact either Senate HELP Committee Chairman Ted Kennedy (D-MA) or Senate HELP Committee Ranking Member Mike Enzi (R-WY) to express the importance of the SKILLS Act of is included in NCLB reauthorization. If your Senators’ names DO appear already on this bill, contact and thank them for the continued support of school libraries and school library media specialists.

Preserve Civil Liberties in FISA Reform

The House of Representatives will be considering the Senate version of the Foreign Intelligence Surveillance Act (FISA) reform legislation, FISA Amendments Act (S. 2248), when House members return from recess next week. Ask them to continue to support any amendments to preserve civil liberties in S. 2248, OR oppose the entire Senate bill until they can find the proper balance between privacy-civil liberties and the government’s expansive needs to conduct surveillance and investigations into terrorism.

The House bill – the RESTORE Act (H.R. 3773) – which passed late last Fall, should, ideally, also be amended to better protect against the civil liberties threats in the Protect America Act, passed in August 2007. While the language in H.R. 3773 is preferable to the Senate language in S. 2248, the debate has not ended and there is still opportunity to bring better balance to these new FISA proposals.

Include Libraries in ‘Farm Bill’ Telecom Program

Ask Farm Bill Conferees to Keep Libraries in Rural Telecommunications Section of H.R. 2419

or Those With Senators and Representatives on Agriculture Committees:

Ask all Members of both the Senate and House Agriculture Committees to support the Senate version of the Farm, Nutrition, and Bioenergy Act of 2007 (H.R. 2419), Section 6302, to include “libraries” in the rural telecommunications program: “Telemedicine, Library Connectivity, and Distance Learning Services in Rural Areas.” The conference committee on H.R. 2419 is meeting now and library supporters are needed to keep messages going into the conferees. This will be a high priority when Congress returns from recess.

For Other Library Supporters:

Contact all of your respective Senators and Representatives and ask them to contact Farm Bill conferees to keep libraries in Section 6302.

More information available here.

Got any questions about our issues – or about advocating at the federal level? Feel free to call us at the ALA Office of Government Relations (OGR). Call toll-free: 1-800-941-8478. And, we’ll look for your comments on this blog, too!

Lynne Bradley
Director, ALA Office of Government Relations (OGR)

About Lynne Bradley

Lynne works in the ALA Washington Office and is director of ALA's Office of Government Relations.

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Posted in OGR