1. Senate Hearing on the Library of Congress
2. Senate Hearing on Copyright In the Digital Age
1. Senate Hearing on the Library of Congress -- The Joint
Committee on the Library of Congress heard on May 7 from both the
General Accounting Office (GAO) and the Library of Congress
concerning the recently completed and quite critical GAO
management and financial reviews. This report, "Library of
Congress: Opportunities to Improve General and Financial
Management," which is several hundred pages long, is accessible
from the GAO Web Page -- http://www.gao.gov This report will not
be made available in paper format. Senator Mark Hatfield (R-OR),
Chairman of the Joint Committee, co-chaired the hearing with the
Vice-Chairman, Representative Bill Thomas (R-CA). Others members
of the committee attending the hearing were: Senators Patrick
Moynihan (D-NY) and Claiborne Pell (D-RI) and Representatives Bob
Ney (R-OH), Ed Paster (D-AZ), Ron Packard (R-CA), and Vic Fazio
(D- CA) -- all of whom stayed for most of the three and a half
hour hearing and had several questions for the panelists.
In opening remarks Hatfield stated that the purpose of the
hearing was to be helpful and the tone was cordial. In his
opening statement Thomas read from the May 4, Washington Post
editorial that summarized the "stinging" GAO report. However,
both Thomas and the Post concluded that the report was
"wrongheaded" in suggesting an information/broker role for the
Library that would involve abandoning its duties as the custodian
of a collection. Thomas emphasized that there were two separate
issues on the table -- management issues and a re-evaluation of
the Library's mission. The focus of the Committee's concerns was
on the management problems with all members present agreeing that
steps must be taken to ensure that the Library of Congress
remains a national repository and a "national treasure."
The hearing consisted of two panels. One composed of William
Gadsby and Robert Gramling of the GAO; Joyce Doria of Booz-Allen
and Hamilton Inc., the firm that conducted the review for GAO of
the Library's mission, operations, and resources; and Paul
Lohneis, of Price Waterhouse, the firm that conducted the
financial audit for GAO. The Booz-Allen report highlighted
numerous management and operational processes that needed
improvement and presented a long list of recommendations that
deal with organizational structure, personnel policies,
technological infrastructure, and revenue opportunities. The
Price Waterhouse audit found the Library had made some
improvements but still did not have the processes necessary to
generate complete, auditable financial statements.
One of the most controversial aspects of the GAO/ Booz Allen
report was the presentation of three alternative missions for the
Library of Congress -- one would focus on serving the Congress;
another on serving the Congress and the Nation; and the third on
servicing the Congress, the Nation, and the World. The report
recommended the first option. Regarding the third alternative the
report stated that the Library had been "selectively engaged in
international commitments," with the foreign language collections
now constituting approximately 50% of the Library's book
collections and approximately 60% of the cataloging workload.
The report questioned whether continuing to collect large amounts
of material in many languages from many countries was
appropriate.
Dr. James Billington, the Librarian of Congress, and Thomas
Carney, the Acting Deputy Librarian, were the two witnesses in
the second panel. Billington stressed that many recommendations
in the review were already being implemented as a result of
interna l reviews. While he indicated that many of the
suggestions were helpful, he strongly defended the Library's
current mission. In answer to a question from Senator Pell about
the number of foreign language books in the collection,
Billington confirmed that over half of the collection is in
foreign languages. Billington argued that if the Library were to
cease acquiring its foreign language collection, information
about large parts of the world would not be available in the
United States. If the U.S. is to be an economically competitive
global power, Billington said then it needs access to global
information. The Booz-Allen report, Billington said lacks a
fundamental understanding of the Library's role.
During questioning, the GAO said that they were not recommending
a change in the Library's mission but were putting that on the
table for consideration. Fazio identified human resource issues,
particularly racial and ethnic problems, as the library's largest
problem and said that the Library needed new models for labor
relations. Thomas stressed that the library has been moving in
some new directions without adequate oversight. In closing
remarks, Hatfield indicated that the Congressional letter to GAO
requesting the review of the Library had not mentioned the need
to re-evaluate the mission. Hatfield concluded the hearing by
asking the Library to prepare for the Committee specific
management goals, with target dates for completion and budget
implications.
2. Senate Hearing on Copyright in the Digital Age -- On May 7
the Senate Judiciary Committee held a hearing on S.1284, the
National Information Infrastructure Copyright Protection Act, a
bill to adapt copyright law to the digital, networked environment
o f the information highway. Senator Orrin Hatch (R-UT), the
Chair of the Judiciary Committee, presided. Only one other
member of the committee, Senator Arlen Specter (R-PA), attended;
and he made only a brief appearance to say that there is
tremendous in terest in this issue among committee members but
bills on the Senate floor prevented members from being present.
Following Hatch's brief introduction in which he referred to
"massive unauthorized copying" yet also stressed his appreciation
for the need for a balance between the needs of users and
creators, Senator Conrad Burns (R-MT), the Chair of the Commerce
Subcommittee on Science, Technology and Space, testified. Burns
talked about both the need to protect intellectual property on
the Internet and the need to harness new telecommunications
technologies for new educational opportunities that will allow
rural students to have similar advantages to those of urban
students.
Before a hearing room of three hundred interested individuals and
many members of the press, five public witnesses presented
varying views. The witnesses were: Kenneth Kay, Executive
Director of the Creative Incentive Coalition; John Bettis of the
Ame rican Society of Composers, Authors, and Publishers; William
Burrington, Chair of the On-Line Public Policy Committee of the
Interactive Services Association; Professor Robert Oakley of the
Georgetown Law School speaking on behalf of Digital Future Coal
ition; and Daniel Burton, Vice President for Government Relations
of Novell, Inc.
Using a multimedia presentation, Kay focused on piracy on the
Internet. Bettis, a song writer, talked about the need to protect
the "content providers." Burrington -- also using a multimedia
presentation -- addressed issues regarding on-line provider
liability and emphasized the need for shared responsibility. He
said that the on-line providers should not be held liable for
copyright violations of which they have no knowledge. The
representative of Novell, Burton, expressed concern about
software piracy.
Professor Oakley addressed the concerns of many in the library,
archival, scholarly, business, and technology communities by
focusing on the "fair use" and the need to maintain a fundamental
balance between ownership and access. He acknowledged the need
to stop piracy but noted that laws were already in place that
make it unlawful to participate in the kinds of violations
mentioned in earlier testimony. Oakley put forward specific
language for amending S. 1284 and its parallel bill in the House,
HR.
2441, that would assure the promotion of creativity by preserving
the balance between strong intellectual property protection and
robust access to information for all innovators, including those
in business, libraries and education. The amendments dealt
specifically with the issues of: facilitating browsing and
networking, clarifying the "fair use" doctrine, preserving our
cultural heritage, reaffirming the "first sale" doctrine,
fostering "distance education," balancing protection and
progress, and recelebrating "copyright management information"
proposals.
Senator Hatch asked the witnesses questions about reasonable and
fair means for protecting copyrighted material in cyberspace,
about whether encyptions alone could protect copyright owners,
and about whether the committee should wait to pass legislation.
Hatch noted that the Senate Judiciary Committee will hold at
least one more hearing on S. 1284. Several times he repeated that
he was not wedded to any particular language and wanted
assistance from the witnesses in refining the bill.
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