- Email: [email protected]
Information Policy
INFORMATION POLICY edited by Robert E. Dugan and Peter Hernon
Libraries and Federal Information
Policy
by Charles R. McClure
L
ibraries both affect and are affected by information policies developed at the national and local levels. Information policies, in turn, affect the degree to which people have access to the expanding universe of traditional and electronic information. There is growing concern that individuals who are unable to access and use these information resources may find themselves disenfranchised from society. How libraries transition into the evolving National and Global Information Infrastructures (NII and GII), how digital libraries augment or replace traditional libraries, and how government information is made available to the public are only a few of the issues that will be affected by federal information policies. Librarians cannot afford to ignore information policy developments as such changes affect how libraries evolve, the services that libraries provide, the resources available for national library services, and a range of other issues. A key factor that drives the development of federal information policies is the development and application of numerous information technologies. As the Information Infrastructure Task Force recently concluded, “the evolving information infrastructure is already dramatically changing traditional operations within and relationships among libraries and their providers and users.“’ To some extent, however, the innovations and development of the technological infrastructure have outpaced policy makers’ ability to manage it. There are a number of topics related to libraries and information policy that address various policy issues that illustrate the importance of information policy and the role that libraries play in the development and administration of these policies. After a brief explanation of information policy, several key information policy topics are identified and discussed. One theme that runs through the discussion of libraries and information policy is that librarians must stay current with these various issues and work to affect the information policy-making process. INFORMATION
POLICY
Information policy is a term used to describe a set of interrelated principles, laws, guidelines, rules and regulations, directives, procedures, judgments, interpretations, and practices that guide the creation, management, access, and use of information. Information policy can be set at a national level, by the U.S. federal government; by state and local governments; and by other agencies and institutions, for example private compa-
Charles R. McClure
is Distinguished
at Syracuse University, York 13244
214
Professor of information
School of Information
The Journal
of Academic
Librarianship
Studies
Studies, Syracuse, New >.
nies or agencies within governmental units. No single authority or corpus of statutory or administrative law describes and coordinates information policy. Information policy is an important public policy area for a number of reasons, but especially because it: Has a profound impact on the creation, production, collection, management, distribution, retrieval, and access to both government and other information; Affects the very manner in which an individual and society at large make political, economic, and social choices; Governs or regulates how institutions, such as libraries, manage, organize, retrieve, and use information; Can create “advantages” and “disadvantages” for different types of individuals or commercial organizations in different settings; Affects the deployment, technologies; and
use, and application
of information
May be seen as a “meta” policy system in that it affects all other policy systems, for instance, inadequate privacy controls over medical information may hinder the development of national health care systems. Only recently has information policy been recognized for its importance in shaping the evolution of societies. Libraries frequently serve as an institutional force to implement information policies through specific information policy instruments. Information Policy Instruments An information policy instrument is a written law, guideline, regulation, or other official statement that describes how information will be collected, managed, protected, accessed, and used. Libraries play an important role in implementing such policies. In the United States, federal information policies are shaped by a number of key policy instruments, including: The Freedom of Information Act (5 USC 552), which outlines procedures by which individuals can request government information; The Privacy Act (5 USC 552a), which protects individuals from unwarranted government use of personal information and outlines procedures by which individuals can obtain information that the government may maintain about them; The U.S. Government Printing Office’s Depository Library Program (44 USC, Chapter 19) and federal printing laws (44 USC, Chapter 17), which insure that a basic collection of government information is made available to the public through selected libraries;
The Copyright Act (17 USC lOl), which provides certain protections for authors of literary and other types of work and sets the stage for determining intellectual property rights; and The Paperwork Reduction Act of 1995, and a range of Office of Management and Budget, Office of Information and Regulatory Affairs (OMB-OIRA) circulars and bulletins, e.g., Circular No. A- 130, “The Management of Federal Information Resources;” these laws and the resulting policies describe how agencies are to manage information and otherwise make the information available to the public. Numerous other policy instruments have been developed that deal with telecommunications, management of scientific and technical information, use of the airways, and more. Many of the policy instruments are produced by individual agencies as a basis for managing particular information services and programs, for example the Bureau of the Census or the Defense Technical Information Center. Libraries can serve as a mechanism for implementing such policy instruments. For example, a number of countries have Freedom of Information (FOI) acts. These policy instruments outline procedures by which individuals, legally, must be provided access to certain types of government information. Librarians may assist individuals to use FOI laws to obtain information or use FOI laws themselves to obtain government information that is then provided to the general public. The expanse of federal information policy instruments is large. Indeed, the Congressional Research Service of the Library of Congress identified more than 300 public laws related to information policy passed between 1977 and 1990, and some 3 1 legislative initiative related to electronic information delivery in the 103rd Congress.’ This number does not include other types of instruments such as regulations, circulars, or judicial opinions. Complexity of Information Policy Development The public policy process is one in which competing societal objectives and values are debated and discussed. After some type of a deliberative process, stakeholders may reach compromises and agreements as to how best solve societal problems. The process is political and personal-oftentimes being nonrational in its outcome.’ The complexity of public policy making and the range of factors that affect the process also affect information policy development. There is considerable discussion and debate about what information is, how its access or lack of access affects a range of societal activities, and how information can be best managed to achieve societal goals.’ Information has a number of unique characteristics that distinguish it from other types of resources: Information
is not “used up” by being used;
Information neously;
can be possessed by many persons simulta-
It is difficult to prevent persons who wish to do so from possessing particular parts of information, or acquiring information without paying for it; The value of information for a particular consumer oftentimes cannot be determined until the information is disclosed to that user; Information Frequent
can become obsolete, but it cannot be depleted;
use of information
does not wear it out; and
l
The technical units of measurement of information (bits, bytes, and packets) lack meaning and fail to carry meaning for the consumers of that information.
Thus, information lacks many of the characteristics of more traditional resources, making it difficult to develop policy instruments which are clear, preserve equality in access among different stakeholder groups, and provide useful guidance to government agencies in managing information. This description of information, then, raises the issue of the degree to which it might be best considered as a public good. Some information might be best seen as “public,” that is, belonging to the public at large; other information might best be seen as “private,” that is, owned by an individual or company and either kept for its own use or sold if a market price can be determined. Such distinctions, and their implications for costing government information, however, are increasingly difficult to make.” One significant change from traditional notions of information in a print-based society to information that is widely available through national and international high-speed electronic networks is more emphasis on information as an empowering tool. Such an empowerment tool, when properly managed, can assist an individual to make better life decisions and contribute to the overall productivity of a society. Libraries are often seen as the intermediary that can link an array of information resources to individuals to improve overall their overall quality of life. In addition to the difficulty in describing information as a resource, the process of developing information policy is complex due to the broad range of stakeholders interested in such policy, the difficulty in reaching agreement on what a particular policy should be, and the different procedures employed by governments and organizations to develop information policy. For example, some librarians might argue that the government should subsidize the costs for making government information available to the public. Private sector providers such as a cable TV company might argue that such subsidies are unfair and limit competition in the marketplace. Governmental policy makers would have to resolve the issue and then procedurally develop and approve appropriate policy instruments. Information Policy Issues In discussing information policy, the term “issues” has special meaning. Issues stem from societal problems when different groups of stakeholders, (i.e., individuals or groups who may be affected by the resolution of the issue) recognize the opportunity to develop policies to deal with the problem. Typically, stakeholders have conflicting value systems and wish to achieve differing objectives and expectations in the resolution of an issue. Some example information policy issues include: In a globally networked, electronic environment, where digital information can be transmitted easily and quickly over telephone or cable what is the responsibility of a national government to provide its citizens with “connectivity” to these networks? How should federal information priced?
resources and services be
Should governments establish national libraries or, otherwise, provide direct support for library development? Is there a basic level of information resources to which the individual should have a “guaranteed’ right?
May 1996 215
How can copyright and intellectual property rights be preserved and enhanced in an electronic age? Who owns government information-the government, the taxpayers, or perhaps the contractors who collected the information? To what degree, if at all, should a government subsidize the costs for providing access to government information? How can information be best utilized as an economic resource to promote national competitiveness, technology transfer, and the general welfare of a country? These are example information policy issues; there are numerous others.6 None of these issues lend themselves to easy resolution. Typically, such issues are resolved only after extended debate and discussion among the various stakeholder groups affected by the issue. Libraries represent one, among many, stakeholder groups in the debate of these and other information policy issues.
SELECTEDINFORMATION AFFECTINGLIBRARIES
POLICYISSUES
Numerous policy issues affect libraries and their ability to acquire, manage, and provide access to information. Generally, these issues revolve around who controls and is entitled to access information, how can information be organized and retrieved effectively, and who pays for access to information. These issues have taken on increased complexity due to the exponential growth of electronic information resources and services. Libraries will be challenged to deal with such policy issues if they are to continue as one of society’s key institutions for managing information effectively. The following policy areas are illustrative only, but they do suggest the type of issues confronting libraries.
Insuring the Public’s Right to Information A key policy issue for libraries is protecting the public’s right to know. In democratic societies, or societies wishing to employ a democratic form of government, it is essential that the citizenry has access to a range of government information. To accomplish this policy goal, the regular distribution of govemment information to libraries, and other institutions, is essential. In the United States, the Government Printing Office (GPO) Depository Library Program (DLP) provides 1,400 libraries with the opportunity to select government information resources for inclusion in the library’s collections. But during 1995, the GPO DLP has been under siege by Congress.’ Another aspect of protecting the public’s right to know is to insure that the public is not barred from access to particular types of information. For example, should differing views on politics or religion, or material of a sexual nature, be made equally available for the public to review? Censorship of certain types of information matter may occur by very subtle means. Indeed, in 1995, the 104th Congress introduced language in S. 652 banning “indecent” information from the Internet with possible penalties levied on libraries if they provide such access. At issue here is to insure that the public has open and easy access to a broad range of information resources, regardless of the information being in print or electronic format. The public’s right to know is also enhanced by policies that promote the public’s access to government information through such laws as the Freedom of Information Act and the Privacy Act. Copyright law protects authors from unwarranted copying
216
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of Academic
Librarianship
but balances this restriction by allowing appropriate copying for education and other purposes in the public interest. Intellectual property policy attempts to protect the owners and developers of ideas and products from others’ inappropriate uses of such ideas. In many instances, libraries serve as the mediator in protecting the public’s information rights.
Organizing and Accessing Networked Information The organization and retrieval of information, never an easy task even in a print-based society, have become even more complicated with the exponential growth of networked information. Indeed, federal information on the Internet is also increasing exponentially.* The term “networked information” applies to a vast range of electronic information and services now available through the Internet. It is impossible to estimate the amount of information on the Internet-only to say that its size is growing exponentially. Information that has been networked, that is, made accessible via one of the more than thousands of worldwide networks comprising the Internet, puts new dimensions on the impacts and uses of information. This networked environment promotes a very pluralistic, albeit, constantly changing and chaotic approach for accessing and using information. And while there is still much need for more “user friendly” programs and services over the network, and while some of the issues related to privacy, intellectual property rights, pricing of services, and acceptable use of the Internet (to name but a few of the issues) remain thorny and contentious, growth and use of the Internet proceeds exponentially. The convergence among computers and communication techniques, and the resources and services available over the Internet will continue to change the way we work and live. Those not connected or unable to use the Internet, however, may find themselves increasingly disadvantaged in the workplace, in dealing with daily issues, in being an informed citizen, and in living a quality life. Libraries, including digital libraries, are becoming a part of the networked environment and are forced to develop and implement information policies related to organizing and accessing these networked resources.
Information Literacy Today’s information society transcends all political, social, and economic boundaries. The global nature of human interactions makes the ability to access and use information crucial. Information literacy is the ability to locate, process, and use information effectively, regardless of delivery mechanisms and the type of format in which that information appears. Information literacy equips individuals to take advantage of the opportunities inherent in the global information society. Increasingly, network literacy may be as important as information literacy in accessing federal information resources.’ Libraries have long been involved in literacy efforts, be they in a print-based or an electronic-based society. Governments may establish policy instruments related to education and information literacy. The creation of the National Institute for Literacy in 199 1 in the United States, for example, is recognition of the importance of literacy issues. Programs from the U.S. Department of Education also support the library’s role to promote and enhance the nation’s literacy. Unless individuals possess information literacy, and unless institutions such as libraries promote information literacy efforts, a gulf may occur between the information “haves” and the information “have nets.”
The National Information Infrastructure (NII) The NII, an amorphous term for the collection of information technologies and the infrastructure that supports them, appears to be taking shape. Although the NII is evolving in the United States,” also evolving is a Global Information Infrastructure (GII).” Countries are moving toward establishing a ubiquitous electronic network that connects different information technologies to endless streams of digital data throughout a country and around the world. Indeed, the “network” is an evolving term that includes these computer, telecommunications, cable TV, and other technologies. In President Clinton’s State the Union Address of January 25, 1994 he stated “we must work with the private sector to connect every classroom, every clinic, every library [and] every hospital in America into the national information superhighway by the year 2000.“‘* As an example, the National Information Infrastructure Act of 1993 (H.R. 1757) offered more specific language regarding the role of libraries. Section 305 (b) of H.R. 1757 proposed that the program would: Train teachers, students, librarians, and state and local govemment personnel in the use of computer networks and the Internet. Training programs for librarians shall be designed to provide skills and training materials needed by librarians to instruct the public in the use of hardware and software for accessing and using computer networks and the Internet. Although this bill was not passed, such policy proposals are important since they include language supporting universal service, promoting information literacy, and extending the role of libraries and the education community in developing and operating the national network. The development of the NII and the Clinton administration’s support for this effort offer the promise of a communications revolution that will affect the very fabric of our society. The evolving role of libraries in the networked environment can incorporate the traditional safety net role that insures the public’s access to the NII. Indeed, a GII has been proposed by a number of countries as one means of providing an electronic digital library, that could be accessed by anyone in the world.
Intellectual Property Rights Ownership of information, the ability to control who has access to that information and the conditions under which that information can be further disseminated, is perhaps one of the most contentious information policy issues being debated. Managing intellectual property rights in a global networked environment is extremely complex yet essential for the intellectual growth of society. The release of the 1995 report Zntellectual Proper@ and the National Information Infrastructure by the Clinton administration has only added more controversy to this debate.‘” There are likely to be significant impacts on libraries as a result of this policy issue. For example, under what specific conditions does “fair use” allow a library to duplicate electronic information for its patrons? Has the Clinton administration proposed too sweeping a set of proposals that, as some writers suggest, will make all electronic information available only on a “pay for use” basis and transform the information superhighway to a “publisher-dominated toll road?“14 Such information policies may force changes on the basic nature of library services if implemented as proposed.
New Roles for Libraries The policy areas discussed above represent only a few of the many areas where key information policy issues that may affect libraries are being debated. Indeed, as this article is written in February 1996, the Telecommunications Competition and Deregulation Act of 1995 (S. 652) has just been signed into law by the President. This new telecommunications act will have significant impact on how libraries access electronic information, how electronic information will be priced, what constitutes “indecent” language on the Internet, and numerous other topics. The information policy area, including telecommunications, is only likely to grow in its importance for and potential impact on libraries. The idea that libraries can or must serve as safety nets in the provision of electronic government information continues to raise a ran e of issues. Regardless of the future status of the GPO DLP,55 the dissemination of electronic government information continues to be increasingly decentralized. Agencies mount their own Web sites, disseminate electronic information directly to the public, and oftentimes ignore traditional dissemination methods through the GPO or the National Technical Information Service. Financial pressures on agencies suggest that more electronic information will be disseminated at the expense of print information. In this context, libraries must begin to see themselves as both a safety net of “last resort,” i.e., a place that guarantees a basic level of access to government information, as well as a source of “first resort,” i.e., users begin their search for access to electronic government information via the library. Regardless of the GPO and its various Web sites such as GPO Access, librarians will need to have the skills and knowledge to access electronic government information via a variety of sources and Web sites. In short, the need for the librarian to serve as an electronic navigator and provide intermediation will not disappear. More likely, librarians will have to develop new skills and techniques to stay knowledgeable about this rapidly changing area. The electronic context for accessing government information, the evolution of the NII and the GII, and the new information technologies that are likely to develop in the future suggest that libraries can have a major role to play in both shaping information policies and managing/disseminating electronic government information. If anything, this electronic govemment information environment will become more complicated, more decentralized, and in more need of organization. Single source dissemination techniques such as the GPO DLP will find it to be increasingly difficult to provide “centralized’ access to electronic government information. Libraries that fail to deal with these changes, fail to accept responsibility for access and dissemination (rather than rely on the government itself), or fail to recognize the need to transition from a print to an electronic information environment are likely to find themselves marginalized. SHAPING INFORMATION
POLICIES
Since the mid-1980s libraries have increasingly affected and been affected by information policies. Equally, since the mid- 1980s the federal government has recognized the importance of information policies as a means to shape and develop society. Some commentators have suggested that one criterion to be used in assessing the maturity of a nation is its information policy system. Further, the maturity of a nation can also be assessed by the degree to which institutions, such as libraries,
May 1996 217
serve successfully as intermediaries in linking information resources and services to the populace. Professional library and information management associations throughout the world believe that it is essential for both the public and the library community to recognize the importance of information policies as they affect delivery of and access to information; to be actively involved in the development of those information policies; and to stay informed about new information policy initiatives such as those related to the NII. These strategies, however, must be coupled with more and better policy research. There is a lack of policy research and rigorous study related to a range of information policy topics and issues. To a large degree, information policy has evolved by a “learning by doing” approach without the benefit of much formal assessment or analysis. Such an approach has resulted in a number of issue areas where there is a lack of knowledge, lack of policy, or where there is considerable controversy. Some of this controversy, however, can be mitigated by better, and more, policy research and analysis. Such research is essential as new technologies affect the way in which libraries provide access to information. These new information technologies constitute an important means to better collect, organize, manage, retrieve, and use information. Debate and discussion about how these technologies can best be used to further societal goals and upon which values information policies should be based are likely to continue. Within this policy debate, however, libraries are also likely to seek new means to serve as society’s intermediary to better link people to information. A nation’s information policies provide a framework for how libraries provide information services and products. The library’s development of new information services and products can provide a basis for how a nation’s information policies will evolve. The symbiotic relationship between libraries and federal information policies is an important one. It is one that the library community must continue to nurture, that requires leadership from the library community, and that the library community cannot neglect. NOTES AND REFERENCES 1. Information Infrastructure Task Force, “Libraries and the NIL” in Putting the Information Infrastructure to Work (Washington D.C.: Department of Commerce, National Institute of Standards and Technology, 1994), p. 84 [SP 8571. 2. Robert Lee Chartrand & Jane Bortnick, Information Policy and Technology Issues: Public Laxs of the 95th through IOlst Congress
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The Journal of Academic Librarianship
(Washington, D.C.: Congressional Research Service, 1991); Allene Farmer Hayes, Selected Legislation in the 103rd Congress Related to Electronic Information Delivery (Washington, D.C.: Congressional Information Service, 1994). 3. Charles 0. Jones, An Introduction to the Study of Public Policy. 3rd ed. (Belmont, CA: Wadsworth, 1984). 4. William J. Drake, ed. Information Infrastructure: Strategies ,for U.S. Policy ( New York: The Twentieth Century Fund Press, 1995). 5. James Love, “Pricing Government Information,” in Agenda ,for Access: Public Access to Federal Information for SustainabiliQ through the Information Superhighway (Washington, D.C.: The Bauman Foundation, 1995), pp. 117-140. 6. Peter Hernon, Charles R. McClure, & Harold Relyea, eds., Federal Information Policies in the 1990s: Issues and Conflicts (Norwood, NJ: Ablex, 1996). 7. Jennifer Henderson & Patrice McDermont, “Finding and Getting Electronic Government Information: GPO Access [an Interview with Wayne P Kelly, Superintendent of Documents and Judith C. Russell, Director of the Office of Electronic Information Dissemination Services],” Government Informution Insider, 4 (Spring, 1995): 2-7. 8. Joe Ryan, Guide to Government Information Available on the Internet (Syracuse, NY: Ryan Information Management Press). Available: Ryan Information Management Press, 1049 Ackerman Avenue, Syracuse. NY 13210-3035. 9. Charles R. McClure. “Network Literacy in an Electronic Society: An Educational Disconnect?” in The Knou*ledge Economy: The Nature of Information in the Zlst Centuy (Queenstown, MD: The Aspen Institute. 1993), pp. 137-178. 10. Information Infrastructure Task Force. The National Informution infrastructure: Agenda ,for Action (Washington, D.C.: Department of Commerce, The National Telecommunications and Information Administration, 1993). Il. Al Gore Jr., Global Informution Infrastructure: Agenda fbr Cooperation (Washington, D.C.: Government Printing Office, 1995). 12. William Jefferson Clinton, State of the Union Address (January 25, 1994). Washington D.C.: American Library Association Washington Office Newsline (ALAWON), 3 (January 3 1, 1994): I. 13. Information Infrastructure Task Force. Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights (Washington, D.C.: Department of Commerce. 1995). 14. Pamela Samuelson. “The Copyright Grab,” Wired, 4 (January, 1996): 135. IS. The Government Printing Office has proposed to “reinvent” the Depository Library Program into an “Electronic Depository Library Program.” The degree to which this can occur, or the degree to which such a change will improve access to electronic government information is unclear. “The Electronic Federal Depository Library Program: Transition Plan, FY 1996 - 1998,” Administrative Nofe.s. Ne~~~sletterof the Federal Depository Library Program, 16 (December 29. 1995): l-25.
Libraries and Federal Information
Policy
by Charles R. McClure
L
ibraries both affect and are affected by information policies developed at the national and local levels. Information policies, in turn, affect the degree to which people have access to the expanding universe of traditional and electronic information. There is growing concern that individuals who are unable to access and use these information resources may find themselves disenfranchised from society. How libraries transition into the evolving National and Global Information Infrastructures (NII and GII), how digital libraries augment or replace traditional libraries, and how government information is made available to the public are only a few of the issues that will be affected by federal information policies. Librarians cannot afford to ignore information policy developments as such changes affect how libraries evolve, the services that libraries provide, the resources available for national library services, and a range of other issues. A key factor that drives the development of federal information policies is the development and application of numerous information technologies. As the Information Infrastructure Task Force recently concluded, “the evolving information infrastructure is already dramatically changing traditional operations within and relationships among libraries and their providers and users.“’ To some extent, however, the innovations and development of the technological infrastructure have outpaced policy makers’ ability to manage it. There are a number of topics related to libraries and information policy that address various policy issues that illustrate the importance of information policy and the role that libraries play in the development and administration of these policies. After a brief explanation of information policy, several key information policy topics are identified and discussed. One theme that runs through the discussion of libraries and information policy is that librarians must stay current with these various issues and work to affect the information policy-making process. INFORMATION
POLICY
Information policy is a term used to describe a set of interrelated principles, laws, guidelines, rules and regulations, directives, procedures, judgments, interpretations, and practices that guide the creation, management, access, and use of information. Information policy can be set at a national level, by the U.S. federal government; by state and local governments; and by other agencies and institutions, for example private compa-
Charles R. McClure
is Distinguished
at Syracuse University, York 13244
214
Professor of information
School of Information
The Journal
of Academic
Librarianship
Studies
Studies, Syracuse, New >.
nies or agencies within governmental units. No single authority or corpus of statutory or administrative law describes and coordinates information policy. Information policy is an important public policy area for a number of reasons, but especially because it: Has a profound impact on the creation, production, collection, management, distribution, retrieval, and access to both government and other information; Affects the very manner in which an individual and society at large make political, economic, and social choices; Governs or regulates how institutions, such as libraries, manage, organize, retrieve, and use information; Can create “advantages” and “disadvantages” for different types of individuals or commercial organizations in different settings; Affects the deployment, technologies; and
use, and application
of information
May be seen as a “meta” policy system in that it affects all other policy systems, for instance, inadequate privacy controls over medical information may hinder the development of national health care systems. Only recently has information policy been recognized for its importance in shaping the evolution of societies. Libraries frequently serve as an institutional force to implement information policies through specific information policy instruments. Information Policy Instruments An information policy instrument is a written law, guideline, regulation, or other official statement that describes how information will be collected, managed, protected, accessed, and used. Libraries play an important role in implementing such policies. In the United States, federal information policies are shaped by a number of key policy instruments, including: The Freedom of Information Act (5 USC 552), which outlines procedures by which individuals can request government information; The Privacy Act (5 USC 552a), which protects individuals from unwarranted government use of personal information and outlines procedures by which individuals can obtain information that the government may maintain about them; The U.S. Government Printing Office’s Depository Library Program (44 USC, Chapter 19) and federal printing laws (44 USC, Chapter 17), which insure that a basic collection of government information is made available to the public through selected libraries;
The Copyright Act (17 USC lOl), which provides certain protections for authors of literary and other types of work and sets the stage for determining intellectual property rights; and The Paperwork Reduction Act of 1995, and a range of Office of Management and Budget, Office of Information and Regulatory Affairs (OMB-OIRA) circulars and bulletins, e.g., Circular No. A- 130, “The Management of Federal Information Resources;” these laws and the resulting policies describe how agencies are to manage information and otherwise make the information available to the public. Numerous other policy instruments have been developed that deal with telecommunications, management of scientific and technical information, use of the airways, and more. Many of the policy instruments are produced by individual agencies as a basis for managing particular information services and programs, for example the Bureau of the Census or the Defense Technical Information Center. Libraries can serve as a mechanism for implementing such policy instruments. For example, a number of countries have Freedom of Information (FOI) acts. These policy instruments outline procedures by which individuals, legally, must be provided access to certain types of government information. Librarians may assist individuals to use FOI laws to obtain information or use FOI laws themselves to obtain government information that is then provided to the general public. The expanse of federal information policy instruments is large. Indeed, the Congressional Research Service of the Library of Congress identified more than 300 public laws related to information policy passed between 1977 and 1990, and some 3 1 legislative initiative related to electronic information delivery in the 103rd Congress.’ This number does not include other types of instruments such as regulations, circulars, or judicial opinions. Complexity of Information Policy Development The public policy process is one in which competing societal objectives and values are debated and discussed. After some type of a deliberative process, stakeholders may reach compromises and agreements as to how best solve societal problems. The process is political and personal-oftentimes being nonrational in its outcome.’ The complexity of public policy making and the range of factors that affect the process also affect information policy development. There is considerable discussion and debate about what information is, how its access or lack of access affects a range of societal activities, and how information can be best managed to achieve societal goals.’ Information has a number of unique characteristics that distinguish it from other types of resources: Information
is not “used up” by being used;
Information neously;
can be possessed by many persons simulta-
It is difficult to prevent persons who wish to do so from possessing particular parts of information, or acquiring information without paying for it; The value of information for a particular consumer oftentimes cannot be determined until the information is disclosed to that user; Information Frequent
can become obsolete, but it cannot be depleted;
use of information
does not wear it out; and
l
The technical units of measurement of information (bits, bytes, and packets) lack meaning and fail to carry meaning for the consumers of that information.
Thus, information lacks many of the characteristics of more traditional resources, making it difficult to develop policy instruments which are clear, preserve equality in access among different stakeholder groups, and provide useful guidance to government agencies in managing information. This description of information, then, raises the issue of the degree to which it might be best considered as a public good. Some information might be best seen as “public,” that is, belonging to the public at large; other information might best be seen as “private,” that is, owned by an individual or company and either kept for its own use or sold if a market price can be determined. Such distinctions, and their implications for costing government information, however, are increasingly difficult to make.” One significant change from traditional notions of information in a print-based society to information that is widely available through national and international high-speed electronic networks is more emphasis on information as an empowering tool. Such an empowerment tool, when properly managed, can assist an individual to make better life decisions and contribute to the overall productivity of a society. Libraries are often seen as the intermediary that can link an array of information resources to individuals to improve overall their overall quality of life. In addition to the difficulty in describing information as a resource, the process of developing information policy is complex due to the broad range of stakeholders interested in such policy, the difficulty in reaching agreement on what a particular policy should be, and the different procedures employed by governments and organizations to develop information policy. For example, some librarians might argue that the government should subsidize the costs for making government information available to the public. Private sector providers such as a cable TV company might argue that such subsidies are unfair and limit competition in the marketplace. Governmental policy makers would have to resolve the issue and then procedurally develop and approve appropriate policy instruments. Information Policy Issues In discussing information policy, the term “issues” has special meaning. Issues stem from societal problems when different groups of stakeholders, (i.e., individuals or groups who may be affected by the resolution of the issue) recognize the opportunity to develop policies to deal with the problem. Typically, stakeholders have conflicting value systems and wish to achieve differing objectives and expectations in the resolution of an issue. Some example information policy issues include: In a globally networked, electronic environment, where digital information can be transmitted easily and quickly over telephone or cable what is the responsibility of a national government to provide its citizens with “connectivity” to these networks? How should federal information priced?
resources and services be
Should governments establish national libraries or, otherwise, provide direct support for library development? Is there a basic level of information resources to which the individual should have a “guaranteed’ right?
May 1996 215
How can copyright and intellectual property rights be preserved and enhanced in an electronic age? Who owns government information-the government, the taxpayers, or perhaps the contractors who collected the information? To what degree, if at all, should a government subsidize the costs for providing access to government information? How can information be best utilized as an economic resource to promote national competitiveness, technology transfer, and the general welfare of a country? These are example information policy issues; there are numerous others.6 None of these issues lend themselves to easy resolution. Typically, such issues are resolved only after extended debate and discussion among the various stakeholder groups affected by the issue. Libraries represent one, among many, stakeholder groups in the debate of these and other information policy issues.
SELECTEDINFORMATION AFFECTINGLIBRARIES
POLICYISSUES
Numerous policy issues affect libraries and their ability to acquire, manage, and provide access to information. Generally, these issues revolve around who controls and is entitled to access information, how can information be organized and retrieved effectively, and who pays for access to information. These issues have taken on increased complexity due to the exponential growth of electronic information resources and services. Libraries will be challenged to deal with such policy issues if they are to continue as one of society’s key institutions for managing information effectively. The following policy areas are illustrative only, but they do suggest the type of issues confronting libraries.
Insuring the Public’s Right to Information A key policy issue for libraries is protecting the public’s right to know. In democratic societies, or societies wishing to employ a democratic form of government, it is essential that the citizenry has access to a range of government information. To accomplish this policy goal, the regular distribution of govemment information to libraries, and other institutions, is essential. In the United States, the Government Printing Office (GPO) Depository Library Program (DLP) provides 1,400 libraries with the opportunity to select government information resources for inclusion in the library’s collections. But during 1995, the GPO DLP has been under siege by Congress.’ Another aspect of protecting the public’s right to know is to insure that the public is not barred from access to particular types of information. For example, should differing views on politics or religion, or material of a sexual nature, be made equally available for the public to review? Censorship of certain types of information matter may occur by very subtle means. Indeed, in 1995, the 104th Congress introduced language in S. 652 banning “indecent” information from the Internet with possible penalties levied on libraries if they provide such access. At issue here is to insure that the public has open and easy access to a broad range of information resources, regardless of the information being in print or electronic format. The public’s right to know is also enhanced by policies that promote the public’s access to government information through such laws as the Freedom of Information Act and the Privacy Act. Copyright law protects authors from unwarranted copying
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but balances this restriction by allowing appropriate copying for education and other purposes in the public interest. Intellectual property policy attempts to protect the owners and developers of ideas and products from others’ inappropriate uses of such ideas. In many instances, libraries serve as the mediator in protecting the public’s information rights.
Organizing and Accessing Networked Information The organization and retrieval of information, never an easy task even in a print-based society, have become even more complicated with the exponential growth of networked information. Indeed, federal information on the Internet is also increasing exponentially.* The term “networked information” applies to a vast range of electronic information and services now available through the Internet. It is impossible to estimate the amount of information on the Internet-only to say that its size is growing exponentially. Information that has been networked, that is, made accessible via one of the more than thousands of worldwide networks comprising the Internet, puts new dimensions on the impacts and uses of information. This networked environment promotes a very pluralistic, albeit, constantly changing and chaotic approach for accessing and using information. And while there is still much need for more “user friendly” programs and services over the network, and while some of the issues related to privacy, intellectual property rights, pricing of services, and acceptable use of the Internet (to name but a few of the issues) remain thorny and contentious, growth and use of the Internet proceeds exponentially. The convergence among computers and communication techniques, and the resources and services available over the Internet will continue to change the way we work and live. Those not connected or unable to use the Internet, however, may find themselves increasingly disadvantaged in the workplace, in dealing with daily issues, in being an informed citizen, and in living a quality life. Libraries, including digital libraries, are becoming a part of the networked environment and are forced to develop and implement information policies related to organizing and accessing these networked resources.
Information Literacy Today’s information society transcends all political, social, and economic boundaries. The global nature of human interactions makes the ability to access and use information crucial. Information literacy is the ability to locate, process, and use information effectively, regardless of delivery mechanisms and the type of format in which that information appears. Information literacy equips individuals to take advantage of the opportunities inherent in the global information society. Increasingly, network literacy may be as important as information literacy in accessing federal information resources.’ Libraries have long been involved in literacy efforts, be they in a print-based or an electronic-based society. Governments may establish policy instruments related to education and information literacy. The creation of the National Institute for Literacy in 199 1 in the United States, for example, is recognition of the importance of literacy issues. Programs from the U.S. Department of Education also support the library’s role to promote and enhance the nation’s literacy. Unless individuals possess information literacy, and unless institutions such as libraries promote information literacy efforts, a gulf may occur between the information “haves” and the information “have nets.”
The National Information Infrastructure (NII) The NII, an amorphous term for the collection of information technologies and the infrastructure that supports them, appears to be taking shape. Although the NII is evolving in the United States,” also evolving is a Global Information Infrastructure (GII).” Countries are moving toward establishing a ubiquitous electronic network that connects different information technologies to endless streams of digital data throughout a country and around the world. Indeed, the “network” is an evolving term that includes these computer, telecommunications, cable TV, and other technologies. In President Clinton’s State the Union Address of January 25, 1994 he stated “we must work with the private sector to connect every classroom, every clinic, every library [and] every hospital in America into the national information superhighway by the year 2000.“‘* As an example, the National Information Infrastructure Act of 1993 (H.R. 1757) offered more specific language regarding the role of libraries. Section 305 (b) of H.R. 1757 proposed that the program would: Train teachers, students, librarians, and state and local govemment personnel in the use of computer networks and the Internet. Training programs for librarians shall be designed to provide skills and training materials needed by librarians to instruct the public in the use of hardware and software for accessing and using computer networks and the Internet. Although this bill was not passed, such policy proposals are important since they include language supporting universal service, promoting information literacy, and extending the role of libraries and the education community in developing and operating the national network. The development of the NII and the Clinton administration’s support for this effort offer the promise of a communications revolution that will affect the very fabric of our society. The evolving role of libraries in the networked environment can incorporate the traditional safety net role that insures the public’s access to the NII. Indeed, a GII has been proposed by a number of countries as one means of providing an electronic digital library, that could be accessed by anyone in the world.
Intellectual Property Rights Ownership of information, the ability to control who has access to that information and the conditions under which that information can be further disseminated, is perhaps one of the most contentious information policy issues being debated. Managing intellectual property rights in a global networked environment is extremely complex yet essential for the intellectual growth of society. The release of the 1995 report Zntellectual Proper@ and the National Information Infrastructure by the Clinton administration has only added more controversy to this debate.‘” There are likely to be significant impacts on libraries as a result of this policy issue. For example, under what specific conditions does “fair use” allow a library to duplicate electronic information for its patrons? Has the Clinton administration proposed too sweeping a set of proposals that, as some writers suggest, will make all electronic information available only on a “pay for use” basis and transform the information superhighway to a “publisher-dominated toll road?“14 Such information policies may force changes on the basic nature of library services if implemented as proposed.
New Roles for Libraries The policy areas discussed above represent only a few of the many areas where key information policy issues that may affect libraries are being debated. Indeed, as this article is written in February 1996, the Telecommunications Competition and Deregulation Act of 1995 (S. 652) has just been signed into law by the President. This new telecommunications act will have significant impact on how libraries access electronic information, how electronic information will be priced, what constitutes “indecent” language on the Internet, and numerous other topics. The information policy area, including telecommunications, is only likely to grow in its importance for and potential impact on libraries. The idea that libraries can or must serve as safety nets in the provision of electronic government information continues to raise a ran e of issues. Regardless of the future status of the GPO DLP,55 the dissemination of electronic government information continues to be increasingly decentralized. Agencies mount their own Web sites, disseminate electronic information directly to the public, and oftentimes ignore traditional dissemination methods through the GPO or the National Technical Information Service. Financial pressures on agencies suggest that more electronic information will be disseminated at the expense of print information. In this context, libraries must begin to see themselves as both a safety net of “last resort,” i.e., a place that guarantees a basic level of access to government information, as well as a source of “first resort,” i.e., users begin their search for access to electronic government information via the library. Regardless of the GPO and its various Web sites such as GPO Access, librarians will need to have the skills and knowledge to access electronic government information via a variety of sources and Web sites. In short, the need for the librarian to serve as an electronic navigator and provide intermediation will not disappear. More likely, librarians will have to develop new skills and techniques to stay knowledgeable about this rapidly changing area. The electronic context for accessing government information, the evolution of the NII and the GII, and the new information technologies that are likely to develop in the future suggest that libraries can have a major role to play in both shaping information policies and managing/disseminating electronic government information. If anything, this electronic govemment information environment will become more complicated, more decentralized, and in more need of organization. Single source dissemination techniques such as the GPO DLP will find it to be increasingly difficult to provide “centralized’ access to electronic government information. Libraries that fail to deal with these changes, fail to accept responsibility for access and dissemination (rather than rely on the government itself), or fail to recognize the need to transition from a print to an electronic information environment are likely to find themselves marginalized. SHAPING INFORMATION
POLICIES
Since the mid-1980s libraries have increasingly affected and been affected by information policies. Equally, since the mid- 1980s the federal government has recognized the importance of information policies as a means to shape and develop society. Some commentators have suggested that one criterion to be used in assessing the maturity of a nation is its information policy system. Further, the maturity of a nation can also be assessed by the degree to which institutions, such as libraries,
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serve successfully as intermediaries in linking information resources and services to the populace. Professional library and information management associations throughout the world believe that it is essential for both the public and the library community to recognize the importance of information policies as they affect delivery of and access to information; to be actively involved in the development of those information policies; and to stay informed about new information policy initiatives such as those related to the NII. These strategies, however, must be coupled with more and better policy research. There is a lack of policy research and rigorous study related to a range of information policy topics and issues. To a large degree, information policy has evolved by a “learning by doing” approach without the benefit of much formal assessment or analysis. Such an approach has resulted in a number of issue areas where there is a lack of knowledge, lack of policy, or where there is considerable controversy. Some of this controversy, however, can be mitigated by better, and more, policy research and analysis. Such research is essential as new technologies affect the way in which libraries provide access to information. These new information technologies constitute an important means to better collect, organize, manage, retrieve, and use information. Debate and discussion about how these technologies can best be used to further societal goals and upon which values information policies should be based are likely to continue. Within this policy debate, however, libraries are also likely to seek new means to serve as society’s intermediary to better link people to information. A nation’s information policies provide a framework for how libraries provide information services and products. The library’s development of new information services and products can provide a basis for how a nation’s information policies will evolve. The symbiotic relationship between libraries and federal information policies is an important one. It is one that the library community must continue to nurture, that requires leadership from the library community, and that the library community cannot neglect. NOTES AND REFERENCES 1. Information Infrastructure Task Force, “Libraries and the NIL” in Putting the Information Infrastructure to Work (Washington D.C.: Department of Commerce, National Institute of Standards and Technology, 1994), p. 84 [SP 8571. 2. Robert Lee Chartrand & Jane Bortnick, Information Policy and Technology Issues: Public Laxs of the 95th through IOlst Congress
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(Washington, D.C.: Congressional Research Service, 1991); Allene Farmer Hayes, Selected Legislation in the 103rd Congress Related to Electronic Information Delivery (Washington, D.C.: Congressional Information Service, 1994). 3. Charles 0. Jones, An Introduction to the Study of Public Policy. 3rd ed. (Belmont, CA: Wadsworth, 1984). 4. William J. Drake, ed. Information Infrastructure: Strategies ,for U.S. Policy ( New York: The Twentieth Century Fund Press, 1995). 5. James Love, “Pricing Government Information,” in Agenda ,for Access: Public Access to Federal Information for SustainabiliQ through the Information Superhighway (Washington, D.C.: The Bauman Foundation, 1995), pp. 117-140. 6. Peter Hernon, Charles R. McClure, & Harold Relyea, eds., Federal Information Policies in the 1990s: Issues and Conflicts (Norwood, NJ: Ablex, 1996). 7. Jennifer Henderson & Patrice McDermont, “Finding and Getting Electronic Government Information: GPO Access [an Interview with Wayne P Kelly, Superintendent of Documents and Judith C. Russell, Director of the Office of Electronic Information Dissemination Services],” Government Informution Insider, 4 (Spring, 1995): 2-7. 8. Joe Ryan, Guide to Government Information Available on the Internet (Syracuse, NY: Ryan Information Management Press). Available: Ryan Information Management Press, 1049 Ackerman Avenue, Syracuse. NY 13210-3035. 9. Charles R. McClure. “Network Literacy in an Electronic Society: An Educational Disconnect?” in The Knou*ledge Economy: The Nature of Information in the Zlst Centuy (Queenstown, MD: The Aspen Institute. 1993), pp. 137-178. 10. Information Infrastructure Task Force. The National Informution infrastructure: Agenda ,for Action (Washington, D.C.: Department of Commerce, The National Telecommunications and Information Administration, 1993). Il. Al Gore Jr., Global Informution Infrastructure: Agenda fbr Cooperation (Washington, D.C.: Government Printing Office, 1995). 12. William Jefferson Clinton, State of the Union Address (January 25, 1994). Washington D.C.: American Library Association Washington Office Newsline (ALAWON), 3 (January 3 1, 1994): I. 13. Information Infrastructure Task Force. Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights (Washington, D.C.: Department of Commerce. 1995). 14. Pamela Samuelson. “The Copyright Grab,” Wired, 4 (January, 1996): 135. IS. The Government Printing Office has proposed to “reinvent” the Depository Library Program into an “Electronic Depository Library Program.” The degree to which this can occur, or the degree to which such a change will improve access to electronic government information is unclear. “The Electronic Federal Depository Library Program: Transition Plan, FY 1996 - 1998,” Administrative Nofe.s. Ne~~~sletterof the Federal Depository Library Program, 16 (December 29. 1995): l-25.