Senator Amy Klobuchar and two cosponsors have introduced S.978, which would make unauthorized streaming of copyrighted works a felony.

Here's an excerpt:

‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if–

‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and

‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or

‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’

Read more about it at "New Bill Upgrades Unauthorized Internet Streaming to a Felony" and “U.S. Bill To Criminalize Illicit Movie/Music Streaming.”

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The Spanish Congreso de los Diputados has passed the Law on Science, Technology and Innovation, which includes an open access policy.

Here's an excerpt from the bill:

Artículo 37. Difusión en acceso abierto.

1. Los agentes públicos del Sistema Español de Ciencia, Tecnología e Innovación impulsarán el desarrollo de repositorios, propios o compartidos, de acceso abierto a las publicaciones de su personal de investigación, y establecerán sistemas que permitan conectarlos con iniciativas similares de ámbito nacional e internacional.
2. El personal de investigación cuya actividad investigadora esté financiada mayoritariamente con fondos de los Presupuestos Generales del Estado hará pública una versión digital de la versión final de los contenidos que le hayan sido aceptados para publicación en publicaciones de investigación seriadas o periódicas, tan pronto como resulte posible, pero no más tarde de doce meses después de la fecha oficial de publicación.
3. La versión electrónica se hará pública en repositorios de acceso abierto reconocidos en el campo de conocimiento en el que se ha desarrollado la investigación, o en repositorios institucionales de acceso abierto.
4. La versión electrónica pública podrá ser empleada por las Administraciones Públicas en sus procesos de evaluación.
5. El Ministerio de Ciencia e Innovación facilitará el acceso centralizado a los repositorios, y su conexión con iniciativas similares nacionales e internacionales.
6. Lo anterior se entiende sin perjuicio de los acuerdos en virtud de los cuales se hayan podido atribuir o transferir a terceros los derechos sobre las publicaciones, y no será de aplicación cuando los derechos sobre los resultados de la actividad de investigación, desarrollo e innovación sean susceptibles de protección.

Here's the Google Translate version:

Article 37. Open access dissemination.

1. The public agents of the Spanish Science, Technology and Innovation will drive the development repositories, own or shared access open to the publications of its research staff, and establish systems to connect with similar initiatives at national and international.
2. The research staff whose activity research is financed mainly with funds from the State Budget will released a digital version of the final version of contents which have been accepted for publication serial research publications or periodicals, as soon as practicable, but no more later than twelve months after the official date publication.
3. The electronic version will be published in repositories open access recognized in the field knowledge which has developed research or open access institutional repositories.
4. The public electronic version can be used by the government in its processes evaluation.
5. The Ministry of Science and Innovation will facilitate centralized access to repositories, and their connection with similar national and international initiatives.
6. This is without prejudice to agreements under which they have attributed or transferred to third parties rights publications and do not apply when the rights to results of research activities, development and eligible for protection innovation.

Read more about it at "The Congress of Deputies Gives Green Light to Science Act" (in Spanish), "Spain Passes New Science Law," and "Spanish Congress Passes the Law on Science, Technology and Innovation with Open Access Mandate."

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Senators Patrick Leahy (D-Vt.), Orrin Hatch (R-Utah), and Chuck Grassley (R-Iowa) have introduced the PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act) in the Senate.

Here's an excerpt from the press release:

The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act, follows bipartisan legislation introduced in 2010, which won the unanimous support of Senate Judiciary Committee members. The PROTECT IP Act narrows the definition of a rogue website, while ensuring that law enforcement can get at the "worst-of-the-worst" websites dedicated to selling infringing goods. Copyright infringement and the sale of counterfeit goods reported cost the U.S. economy billions of dollars and hundreds of thousands of jobs, as well as billions of dollars in lost tax revenue for federal, state and local governments. . . .

The PROTECT IP Act will provide law enforcement with important tools to stop websites dedicated to online piracy and the sale of counterfeit goods, which range from new movie and music releases, to pharmaceuticals and consumer products. Key updates to the PROTECT IP Act include:

• A narrower definition of an Internet site "dedicated to infringing activities";
• Authorization for the Attorney General to serve an issued court order on a search engine, in addition to payment processors, advertising networks and Internet service providers;
• Authorization for both the Attorney General and rights holders to bring actions against online infringers operating an internet site or domain where the site is "dedicated to infringing activities," but with remedies limited to eliminating the financial viability of the site, not blocking access;
• Requirement of plaintiffs to attempt to bring an action against the owner or registrant of the domain name used to access an Internet site "dedicated to infringing activities" before bringing an action against the domain name itself;
• Protection for domain name registries, registrars, search engines, payment processors, and advertising networks from damages resulting from their voluntary action against an Internet site "dedicated to infringing activities," where that site also "endangers the public health," by offering controlled or non-controlled prescription medication.

Read more about it at "Leahy's Protect IP Bill Even Worse Than COICA," "The 'PROTECT IP' Act: COICA Redux," and "Senate Bill Amounts to Death Penalty for Web Sites."

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Senator Leland Yee (D-San Francisco) has introduced the Reader Privacy Act of 2011 in the California State Senate.

Here's an excerpt from the press release:

Today, California Senator Leland Yee (D-San Francisco) announced the Reader Privacy Act of 2011 – legislation that would require government agencies to seek a warrant or court order in order to access consumers' reading records from bookstores and online retailers.  SB 602 would establish consumer protections for book purchases similar to long-established privacy laws for library records.

"Current law is completely inadequate when it comes to protecting one's privacy for book purchases, especially considering the increasing popularity of online shopping and electronic books," said Yee. "Individuals should be free to buy books without fear of government intrusion and witch hunts. If law enforcement has reason to suspect wrongdoing, they can obtain a warrant for such information."

Many bookstores already collect information about readers and their purchases.  Digital book services can collect even more detailed information including which books are browsed, how long each page is viewed, and even digital notes made in the margins.

Historically, sensitive reader information has come under fire. During the McCarthy hearings of the 1950s, Americans were questioned about whether they had read Marx or Lenin. In the years following September 11, 2001, the FBI sought patron information from more than 200 libraries.

Just this past year, Amazon was asked by the North Carolina Department of Revenue to turn over 50 million purchase records including books, videos, and other expressive material. 

SB 602 will update California state law to ensure that government and third parties cannot access Californians' reading records without proper justification. . . .

SB 602 will receive its first hearing in Senate Judiciary Committee in April.

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The U.S. House of Representatives passed H.R.1—Full-Year Continuing Appropriations Act, 2011. Sixty-seven of 583 proposed amendments passed, including number 404 by Rep. Greg Walden (R-Ore.) that blocks funding to support the implementation of the FCC's net neutrality rules and number 196 by Rep. Tim Walberg (R-Mich.) that cuts funding for the National Endowment for the Arts by $20.5 million.

Read more about it at "Advocacy Works: Garrett Backs Down on Amendment to Zero Out IMLS," "Rogers: CR is a 'Monumental Accomplishment' for American Taxpayers," and "What Budget-Cutting Amendments Has the House Passed This Week?"

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A proposed amendment (no. 35) to the FY2011 Continuing Resolution amendment by U.S. Rep. Scott Garret (R-NJ) would eliminate the Institute of Museum and Library Services’s funding.

You can use the ALA's "ADVOCACY URGENTLY NEEDED: House Considering Two Amendments Critical to the Future Of Libraries" web page to contact your Representative about this issue.

In related news, President Obama's budget requests $242,605,000 for fiscal year 2012 for the IMLS.

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Public Knowledge has announced the "Internet Strikes Back" Day (2/17/11) to support net neutrality.

Here's an excerpt from the press release:

Public Knowledge has set this Thursday, Feb. 17, as "Internet Strikes Back" day to counter Congressional opposition to a fair and open Internet.

The day was chosen because it is one day after members of the House Energy and Commerce Committee hold a hearing to unveil legislation that would roll back current Federal Communications Commission (FCC) Net Neutrality rules and prohibit the Commission from enacting future rules.   On that day following the hearing, members of the public are being asked to call their member of Congress and oppose the legislation.

PK has set up a Web site, www.theinternetstrikesback.org which will allow visitors to sign up for mobile action alerts, including a text message reminder, and download an Internet Strikes Back badge for web sites.

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Rep. Jim Jordan (R-OH) has introduced H.R. 408, the Spending Reduction Act of 2011, which would eliminate the National Endowment for the Humanities. Senator Jim DeMint (R-SC) has introduced similar legislation (S. 178) in the Senate.

The National Humanities Alliance has posted two items about this issue: "Republican Study Committee Leaders Unveil Spending Reduction Act of 2011" and, on the DuraSpace Blog, "Proposal to Eliminate the National Endowment for the Humanities in U.S. Congress."

You can use the NHA's Legislative Action Center Contact Form to send messages to your Congressional representatives. The form includes suggested bullet points that you can include in your message.

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The signing of the America COMPETES Reauthorization Act of 2010 by President Obama establishes a new Interagency Public Access Committee. The International Association of Scientific, Technical & Medical Publishers (STM) has issued a press release that "applauds the efforts of US legislators in crafting the charter of the Interagency Public Access Committee."

Here's an excerpt from the Act:

SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE.

(a) ESTABLISHMENT.—The Director shall establish a working group under the National Science and Technology Council with

the responsibility to coordinate Federal science agency research and policies related to the dissemination and long-term stewardship of the results of unclassified research, including digital data and peer-reviewed scholarly publications, supported wholly, or in part, by funding from the Federal science agencies.

(b) RESPONSIBILITIES.—The working group shall—

(1) identify the specific objectives and public interests that need to be addressed by any policies coordinated under (a);

(2) take into account inherent variability among Federal science agencies and scientific disciplines in the nature of research, types of data, and dissemination models;

(3) coordinate the development or designation of standards for research data, the structure of full text and metadata, navigation tools, and other applications to maximize interoperability across Federal science agencies, across science and engineering disciplines, and between research data and scholarly publications, taking into account existing consensus standards, including international standards;

(4) coordinate Federal science agency programs and activities that support research and education on tools and systems required to ensure preservation and stewardship of all forms of digital research data, including scholarly publications;

(5) work with international science and technology counterparts to maximize interoperability between United States based unclassified research databases and international databases and repositories;

(6) solicit input and recommendations from, and collaborate with, non-Federal stakeholders, including the public, universities, nonprofit and for-profit publishers, libraries, federally funded and non federally funded research scientists, and other organizations and institutions with a stake in long term preservation and access to the results of federally funded research;

(7) establish priorities for coordinating the development of any Federal science agency policies related to public access to the results of federally funded research to maximize the benefits of such policies with respect to their potential economic or other impact on the science and engineering enterprise and the stakeholders thereof;

(8) take into consideration the distinction between scholarly publications and digital data;

(9) take into consideration the role that scientific publishers play in the peer review process in ensuring the integrity of the record of scientific research, including the investments and added value that they make; and

(10) examine Federal agency practices and procedures for providing research reports to the agencies charged with locating and preserving unclassified research.

(c) PATENT OR COPYRIGHT LAW.—Nothing in this section shall be construed to undermine any right under the provisions of title 17 or 35, United States Code.

(d) APPLICATION WITH EXISTING LAW.—Nothing defined in section

(b) shall be construed to affect existing law with respect to Federal science agencies’ policies related to public access.

(e) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Director shall transmit a report to Congress describing—

(1) the specific objectives and public interest identified under (b)(1);

(2) any priorities established under subsection (b)(7);

(3) the impact the policies described under (a) have had on the science and engineering enterprise and the stakeholders, including the financial impact on research budgets;

(4) the status of any Federal science agency policies related to public access to the results of federally funded research; and

(5) how any policies developed or being developed by Federal science agencies, as described in subsection (a), incorporate input from the non-Federal stakeholders described in subsection (b)(6).

(f) FEDERAL SCIENCE AGENCY DEFINED.—For the purposes of this section, the term ‘‘Federal science agency’’ means any Federal agency with an annual extramural research expenditure of over $100,000,000.

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ALA has issued a urgent call to action about the reauthorization of the Museum and Library Services Act.

Here's an excerpt from the press release:

Please call the U.S. Capitol Switchboard at 202-224-3121 and ask to be transferred to your representative’s office. Tell their staffs that passing S. 3984, the Museum and Library Services Act (MLSA), is imperative to ensuring libraries can continue providing critical resources to their constituents, particularly in this tough economy. Specifically highlighting programs or resources your library provides to the member’s constituents will make your message stronger.

MLSA will ensure that the Library Services and Technology Act (LSTA) funds are secured and the Institute of Museum and Library Services (IMLS) is equipped to lead America’s libraries. This bill received bipartisan support from both Senate Republicans and Democrats, especially Senator Jack Reed (D-RI), who is a longtime supporter of libraries in this country. Other Senate sponsors of this bill include Sens. Richard Burr (R-NC), Thad Cochran (R-MS), Susan Collins (R-ME), Michael Enzi (R-WY), and Tom Harkin (D-IA) and Jon Tester (D-MT). To access the full text of this bill, click here.

The U.S. Senate passed MLSA Reauthorization under unanimous consent late Tuesday night, bringing the bill one step closer to reauthorization before the end of the 111th Congress.

MLSA has moved to the U.S. House of Representatives where it must receive a vote before the end of the calendar year. Please call your representative and urge him or her to press House leadership for a vote on the Senate-passed version of MLSA and to support the bill.

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