BISG WEBCAST -- Digital Books - A New Chapter in Reader Privacy

WELCOME TO “Digital Books: A New Chapter for Reader Privacy?” This BISG WEBCAST took place Thursday, January 27, 2010 at 1:00 p.m. ET To register for future BISG Webcasts, please visit: http://www.bisg.org/event-cat-6-webcasts.phpBISG WEBCASTwww.bisg.org 1

Creating a more informed, empowered and efficient book industry supply chain for both physical and digital products. BISG is committed to the development of effective industry- wide standards, best practices, research and events that enhance relationships between trading partners. www.bisg.orgBISG WEBCAST © 2010, the Book Industry Study Group, Inc. 3www.bisg.org

You’ll be hearing from today… ANGELA BOLE Deputy Executive Director Book Industry Study Group, Inc. Angela Bole is Deputy Executive Director of the Book Industry Study Group (BISG). Based in New York City, BISG is an industry trade association working to create a more informed, empowered and efficient book industry supply chain for both digital and physical products. NICOLE A. OZER, Esq. Technology and Civil Liberties Policy Director ACLU of Northern California Nicole A. Ozer is the Technology and Civil Liberties Policy Director at the ACLU of Northern California. She works on the intersection of new technology, privacy, and free speech and is spearheading the organizations new online privacy campaign, Demand your dotRights (www.dotrights.org).BISG WEBCAST © 2010, the Book Industry Study Group, Inc. 4www.bisg.org

Digital Books: A New Chapter for Reader Privacy? Nicole Ozer- ACLU of Northern California

Is Reader Privacy Going to be Left Out of the Story? More data collection is possible 1) How much info should be collected? 2) Will reader privacy be safeguarded and reading records protected from disclosure to third parties/ government?

1) Why reading privacy has been safeguardedwho you are, beliefs, concernsfreedom to read- foundation of democracyreading- target of government surveillance1950s, 1960s, Post 9/112) How reading privacy has been safeguarded Physical vs. digital Constitutional protections Statutory protections- State Confidentiality Laws Ethics of Librarians

Long History of Protections for Reader PrivacyUnited States v. Rumley (1953) “Once the government can demand of a publisher the names of the purchasers of his publications . . .[f]ear of criticism goes with every person into the bookstall . . . [and] inquiry will be discouraged.” Kramerbooks- First Amendment required the government to “demonstrate a compelling interest in the information sought . . .[and] a sufficient connection between the information sought and the grand jury investigation.”Tattered Cover- warrant plus adversarial hearing, notice to provider, showing of compelling need.

[I]t is an unsettling and un-American scenario to envision federal agents nosing through the reading lists of law-abiding citizens...[I]f word were tospread over the Net—and it would—that the FBI and the IRS had demanded and received Amazon’s list of customers and their personal purchases, the chilling effect on expressive e-commerce would frost keyboards across America . . . well-founded or not, rumors of an Orwellian federal criminal investigation into the reading habits of Amazon’s customers could frightencountless potential customers into canceling planned online book purchases, now and perhaps forever.In re Grand Jury Subpoena to Amazon.com, 246 F.R.D. 570, 573 (W.D. Wis. 2007).

“Citizens are entitled to receive information and ideas through books, films, and other expressive materials anonymously. …The fear of government tracking andcensoring ones reading, listening, and viewing choices chills the exercise of First Amendment rights." Amazon v. Lay (2010)

Library Confidentiality in all 50 states

Libraries minimized collection and use and foughtdisclosure - safeguarding reader privacyALA Policy Manual guides all librarians that:“the freedom to read is essential to our democracy”“protecting user privacy and confidentiality is necessaryfor intellectual freedom and fundamental to the ethicsand practice of librarianship.”

3) Growth of digital books and desiredmonetization of reading habits4) Companies not currently designing forprivacy5) Lack of safeguards for reading privacynot good for public or good for business.

Time is now for companies, policymakers,and public interest groups to work togetherto:(1) develop robust protections related to informationcollection/tracking, use/user control, disclosure, andtransparency/enforceability;(2) proactively defend reader privacy;(3) update and develop new laws- clear roadmap, buildcustomer trust, avoid expensive litigation- ECPA/statebook privacy law.

Thank you! We’ll now take questions ANGELA BOLE Book Industry Study Group angela@bisg.org www.bisg.org NICOLE OZER Digital Books Issue Paper ACLU of Northern California http://www.dotrights.org/ nozer@aclunc.org digital-books-new-chapter- www.dotrights.org reader-privacyBISG WEBCAST © 2010, the Book Industry Study Group, Inc. 18www.bisg.org

BISG WEBCAST -- Digital Books - A New Chapter in Reader Privacy

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