Monthly Archives: May 2018

Marrakesh Treaty Unanimously Supported by U.S. Senate Foreign Relations and Judiciary Committees

The United States is moving closer toward ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty).  The Marrakesh Treaty is a World Intellectual Property Organization (WIPO) based treaty that was adopted in June 2013, and went into force in September 2016 when Canada triggered entry into force as the 20th country ratifying or acceding to the treaty.  The Marrakesh Treaty provides minimum standards for limitations and exceptions to create and distribute accessible format works for persons who are blind or print disabled, and also allows for cross-border exchange of accessible formats. Cross-border exchange is a critical feature of the treaty and could greatly alleviate what is known as the “book famine,” a situation in which the National Federation of the Blind estimates that no more than 5 percent of published works are created in an accessible format.

The United States Senate has been actively considering the Marrakesh Treaty, and the Marrakesh Treaty Implementation Act (S.2559) was introduced by a bipartisan group of Senators on March 28, 2018, including Foreign Relations Committee Chair Corker (R-TN) and Ranking Member Menendez (D-NJ), Judiciary Committee Chair Grassley (R-IA) and Ranking Member Feinstein (D-CA), and Senators Hatch (R-UT), Harris (D-CA) and Leahy (D-VT).

During the Senate Foreign Relations Committee hearing on April 18, 2018, witnesses included Manisha Singh (Department of State), Allan Adler (Association of American Publishers), Scott LaBarre (National Federation for the Blind) and Jonathan Band (Library Copyright Alliance). During the hearing, Singh said that ratification of the Marrakesh Treaty was a “win for everyone,” and pointed out that it would allow people with print disabilities in the United States access to 350,000 additional works that they do not currently have access to.  She noted that while 35 other countries have ratified the treaty (now 37), none of the current parties have the breadth of the collections in the United States. Members of the Committee and the witnesses repeatedly noted that there is no known opposition to the Marrakesh Treaty.

The Senate Judiciary Committee reported the Marrakesh Treaty Implementation Act unanimously out of committee on May 10, 2018. Chairman Grassley’s prepared statement noted:

I’m glad we’re considering S. 2559 today, a bill to implement the Marrakesh Treaty. The United States signed the treaty in October 2013 to facilitate access to published works for blind, visually impaired, or otherwise print disabled persons. The Foreign Relations Committee held a hearing on the Treaty and is planning to move on the Treaty’s ratification process.

The Marrakesh Treaty Implementation Act is a consensus bill that was developed by both the Judiciary and Foreign Relations Committees with stakeholders within the publisher, library and print disabilities communities. We did this in consultation with the U.S. Patent and Trademark Office and the Copyright Office. As such, the bill enjoys the support of all these stakeholders, as well as other interested industry, copyright and public interest stakeholders. I particularly want to commend the National Federation of the Blind, the Association of American Publishers, and the Library Copyright Alliance for working with us in reaching an agreement on legislative text and proposed legislative history. We would not be here today without their efforts.

[ . . . ]

S. 2559 would go a long way in helping to give people with print disabilities—here in the United States and all over the world—greater access to materials in formats such as braille, large print and specialized digital audio files. It is a bipartisan, consensus bill that enjoys widespread support. It is supported by the copyright community as well as by the Administration.

Today, May 22, 2018, the Senate Foreign Relations Committee followed suit and also reported the treaty out of committee unanimously.  The Marrakesh Treaty will now go to the full Senate for consideration and needs at least a 2/3 majority to pass.  ARL urges the full Senate to support the Marrakesh Treaty, which will promote access to knowledge for those who are bind, visually impaired or print disabled both in the United States and abroad.

 

In Vote to Restore Net Neutrality Rules, Several Senators Note Importance of Open Internet for Research, Education and Equity

Today, May 16, 2018, the US Senate voted 52-47 to reverse the FCC’s decision that would eviscerate protections for net neutrality.  The Senate used a procedure known as the Congressional Review Act (CRA), allowing Congress to reverse an agency’s decision with a simple majority vote within 60 legislative days of publication of an agency’s decision in the Federal Register. ARL and other net neutrality advocates are celebrating this vote, which as of just a week ago was not assured of passage.

All 49 members of the Democratic caucus voted in favor of the discharge petition and resolution, originally introduced by Senator Markey (D-MA), and were joined by Republican Senators Collins of Maine, Kennedy of Louisiana and Murkowski of Alaska.

The debate on the floor (video available here) included several statements acknowledging the importance of net neutrality to a wide range of constituents, including the research, library and education communities.  For example, Senator Nelson (D-FL) pointed out that education is built on an open Internet:

. . . and that’s why educators and librarians throughout the country have rallied in favor of net neutrality, knowing that an Internet is no longer free and open is a lost education opportunity for our children. Florida’s colleges, universities, and technical schools rely on the free and open Internet for their vital educational and research missions. Unfettered access to the Internet is essential to research, research into issues as critical to the state and nation as medical research, climate change, sea level rise, whatever the research is.

Nelson went on to note the importance of an open Internet as an equitable issue:

Citizens throughout my home state rely on the internet for civic and social engagement. The internet is today’s social forum. It’s a tool that we use to stay engaged in the lives of family, friends, and peers. The internet can also be an equalizing force, and as such has been a place where communities of color have been able to tell their own stories in a way that they have never been able to tell before, and it has given minority communities the power to organize, to share, and to support each other’s causes every.

Senator Murray (D-WA) spoke as a former educator, pointing out:

Schools have worked very hard to improve access to high-speed connectivity for all students because they know from early education through higher education and through workforce training, students need high-speed internet in order to learn and get the skills that they need.

Senator Markey cited a wide range of stakeholders supporting net neutrality as a right:

This vote is a test of the United States Senate and the American people are watching very closely. This vote is about small businesses, librarians, school teachers, innovators, social advocates, YouTubers, college students and millions of other Americans who have spoken with one voice to say, “Access to the Internet is our right and we will not sit idly by while this Administration stomps on that right.” This vote is our moment to show our constituents that the United States Senate can break through the partisanship and break past the powerful outside influences to do the right thing. The right thing for our economy, the right thing for our democracy, the right thing for our consumers, and the right thing for our future. This is common sense to Americans around the country, with the only exception being telecom lobbyists and lawyers inside the beltway. How do I know? Because 86% of all Americans in polling agree that net neutrality should stay on the books as the law of the United States.

Minority Leader Schumer (D-NY) urged his fellow Senators to vote in favor of the CRA resolution and treat the Internet as a public good, ensuring that discrimination does not occur.  He noted that without net neutrality,

. . . the Internet wouldn’t operate on a level playing field. Big corporations and folks who could pay would enjoy the benefits of fast internet and speedy delivery to their customers, while start-ups, small businesses, public schools, average folks, communities of color, rural Americans could well be disadvantaged. Net neutrality protected everyone and prevented large ISPs from discriminating against any customers. That era, the era of a free and open Internet, unfortunately will soon come to an end . . .

It may not be a cataclysm on day one, but sure as rain, if Internet service providers are given the ability to start charging more for preferred service, they’ll find a way to do it . . .Let’s treat the Internet like the public good that it is. We don’t let water companies or phone companies discriminate against customers. We don’t restrict access to interstate highways saying you can ride on the highway, you can’t. We shouldn’t do that with the Internet either.

This Senate vote in favor of restoring net neutrality protections will put pressure on the House of Representatives, which will need all members of the Democratic caucus plus 22 Republicans to discharge the petition and force a vote. While action using CRA in the House of Representatives faces an uphill battle, public polling reveals that more than 80% of Americans support net neutrality and this issue is one that will likely be a prominent in the upcoming elections. Battle for the Net provides an easy tool for individuals to contact lawmakers and urge them to vote to reverse the FCC’s decision.

For a deeper dive into impacts of the loss of net neutrality for research and higher education as well as legal and policy issues, see the latest issue of Research Library Issues. For additional statements and materials related to today’s vote in the Senate, visit this post on InfoDOCKET.

#RedAlert: One More Vote Needed in the Senate to Save #NetNeutrality

In mid-December 2017, the Federal Communications Commission (FCC) voted to reverse the strong net neutrality protections that had been put into place by the 2015 Open Internet Order. Since that time, advocates for net neutrality—an important concept based on the principle that internet service providers (ISPs) should permit access to all lawful content, without favoring some content over others—have continued to fight to ensure that the open character of the internet remains.

In addition to challenging the FCC’s actions through litigation, one possible avenue to retain net neutrality protections is through a process in Congress known as the Congressional Review Act (CRA). Under CRA, Congress can overturn an agency’s decision through a simple majority vote in both houses within 60 legislative days of publication of an agency’s decision in the Federal Register. It would then require the signature of the President.

Soon after a CRA resolution was introduced by Senator Markey (D-MA) to reverse the FCC’s decision, the Senate version garnered enough co-sponsors to force a vote under Senate rules and Minority Leader Schumer (D-NY) has vowed to hold a vote. To date, 50 senators have co-sponsored the resolution, including all 49 members of the Democratic caucus and Senator Collins (R-ME). Only one more vote is needed for CRA to pass the Senate and with today’s discharge petition, a vote will take place in the Senate by June 12.

An open internet is fundamental to ensuring that access to information remains equitable and that some content is not privileged over others. Net neutrality is based on critical non-discrimination principles, promoting freedom of speech and the Senate could take a welcome step in confirming the importance of an open internet. For a deeper dive into impacts of the loss of net neutrality for research and higher education as well as legal and policy issues, see the latest issue of Research Library Issues.

To help secure one more vote—the critical vote for passage of CRA in the Senate—contact your Senator. Battle for the Net provides an easy way to e-mail, call and tweet your lawmaker.