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Wikileaks and libraries:
         anatomy of a chilling effect


         James Jacobs
         Stanford University
         March 30, 2011
         SLA Bay Area Sunshine Week 2011 panel
         jrjacobs@stanford.edu



Wednesday, March 30, 2011
Agenda

              What’s Stanford Library doing? Role of the library

              Community response/debate

              Survey results




Wednesday, March 30, 2011

honor to be on the panel with Declan McCullagh and Rainey Reitman. I’ve been a long-time
fan of Declan’s journalistic work and the work of everyone at EFF
Stanford Library
              Cataloged Wikileaks cable site OCLC# 694146844
              [ http://searchworks.stanford.edu/view/8931965 ]

              Cataloged CableSearch [ http://cablesearch.org/ ]

              Periodically downloading torrent of Cable site archive

              Have not as yet given access to local copies




Wednesday, March 30, 2011

Early December, 2010 CableSearch was created by the European Centre of Computer Assisted
Research and Dutch-Flemish association for investigative journalists to index and provide
fulltext search of cables as they’re released. they’re currently indexing 6372 cables (about 2%
of total). now have an alert service, full text search, tag clouds of popular search terms, often
used words, and tags as well as an API so that other developers can query the database and
create mashups.
Community response
                Much chatter on library listservs

                ALA Midwinter discussions and resolutions (late January)

                Wikileaks survey to guage library action (February 8)

                Bill Sleeman op-ed “A Librarian reacts to Wikileaks” & “A librarian
                reacts to ‘A librarian reacts to WikiLeaks’” [ http://freegovinfo.info/
                node/3178 ] (February 9)




Wednesday, March 30, 2011

Op-ed piece for                 Center for Journalism Ethics at UWisc

conflates and ignores several issues surrounding Wikileaks the organization and the leaked US State Department cables themselves



Bill’s arguments:
  1.   The cables were stolen, released (“dumped”) in an irresponsible manner and unauthenticated;
  2.   Assange's motivations are unclear;
  3.   Wikileaks release of information could lead to an undesired effect of *less* openness.
  4.   In other words, Bill is looking from a perspective of whether or not libraries/librarians should support Wikileaks. He comes to the conclusion that they should not.



Our counterarguments:
1. cables were in fact leaked *not* stolen, released in conjunction with reputable news organizations in a responsible manner, and authenticated by the govt's responses and
actions following the leak. Only 6321 of 251,287 have been released (15, 652 secret, 101,748 confidential, 133,887 unclassified but unclear where those 6321 fall) after
being vetted and redacted by WL and news orgs.
2. Can’t base collections decision solely on classification status. If that were the case, then Pentagon Papers would need to be taken off the shelf as it has never been
declassified.
3. Claiming the release *could* cause harm has actually caused harm in the form of a chilling effect on libraries. One could easily argue that the cable release will *not* cause
harm but will usher in a new era of govt transparency. Both speculations muddy the waters and cause libraries to ignore the real question: “What should libraries DO about the
cables?”
Wikileaks library survey
               3 of 69 libraries cataloged link to WK cable site

               1 of 70 currently downloading cables

               2 of 67 plan to download

               35/35 split on whether libraries should preserve and give access

               44 Academic, 12 Public, 6 Law, 4 Special, 4 Other

               http://snipurl.com/wikileakslibrarysurvey




Wednesday, March 30, 2011
NOT a scientific survey and only distributed to govt docs library forums (govdoc-l, godort, FGI).

1)   Has your library cataloged the wikileaks cable site link for inclusion in your library catalog?
2)   Are you currently downloading the Wikileaks cable archive for your library?
3)   If yes, how are you giving access to your library's users?
4)   If no, do you plan to download the Wikileaks cable archive?
5)   If you aren't or do not have plans to download, why not?
6)   Do you think it is important for libraries to preserve and give access to wikileaks cables?
7)   Please explain your answer to Q6
8)   Please feel free to comment here on any issue regarding the Wikileaks diplomatic cables
9)   In what kind of library do you work?
Some survey responses
              The cables are stolen goods. If someone left a box of stolen books at my library door, I
              wouldn't accession them without the owner's consent. That said, I think libraries should
              preserve the digital content of the cables and seek permission from the owners to make them
              public.

              These are U.S. government state secrets. Illegal on their face. Courts should decide about
              legality, etc.

              Wikileaks cables are classified and/or proprietary information

              These are still classified documents. As a Federal Depository Library, I feel obligated to stay
              within the law.

              Maybe SOME libraries could do, but not all. I don't know if our library would consider it in
              scope.

              I think some libraries should be archiving and preserving this information for future generations
              and to ensure access to the information for current users. Preservation and access are huge
              parts of our mission as libraries.

              It is important for them to be preserved but not necessarily libraries, maybe NARA, LC, or other
              secure repositories

              http://snipurl.com/wikileakslibrarysurvey

Wednesday, March 30, 2011

here are some sample responses. I tried to pick both +/- responses.

clear chilling effect is happening. many of the responses questioned the legality of the cables, called
them stolen goods.

most indicative response was #1

shows the cognitive dissonance in the community and clearly this dissonance is leading to inaction.
Frankly I was surprised by the response given that the library community is seen by itself and by the
public as a strong defender of privacy, civil rights, and access to information.

Stems from MSM coverage, response to WL by US companies (Amazon, Paypal, BoA etc) and US
legislators.

My hope is that every librarian here today will bring this discussion back to their libraries and will at
least catalog the link to the WL site. I will continue to advocate for many libraries archiving/preserving/
giving access to the WL cables and digital govt information in general. one cannot guarantee the
preservation or integrity of information without explicit effort. The idea of distributed preservation and
access is at the core of the Federal Depository Library Program. It’s critical to continue this mission in
the digital age.

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Wikileaks and libraries: anatomy of a chilling effect

  • 1. Wikileaks and libraries: anatomy of a chilling effect James Jacobs Stanford University March 30, 2011 SLA Bay Area Sunshine Week 2011 panel jrjacobs@stanford.edu Wednesday, March 30, 2011
  • 2. Agenda What’s Stanford Library doing? Role of the library Community response/debate Survey results Wednesday, March 30, 2011 honor to be on the panel with Declan McCullagh and Rainey Reitman. I’ve been a long-time fan of Declan’s journalistic work and the work of everyone at EFF
  • 3. Stanford Library Cataloged Wikileaks cable site OCLC# 694146844 [ http://searchworks.stanford.edu/view/8931965 ] Cataloged CableSearch [ http://cablesearch.org/ ] Periodically downloading torrent of Cable site archive Have not as yet given access to local copies Wednesday, March 30, 2011 Early December, 2010 CableSearch was created by the European Centre of Computer Assisted Research and Dutch-Flemish association for investigative journalists to index and provide fulltext search of cables as they’re released. they’re currently indexing 6372 cables (about 2% of total). now have an alert service, full text search, tag clouds of popular search terms, often used words, and tags as well as an API so that other developers can query the database and create mashups.
  • 4. Community response Much chatter on library listservs ALA Midwinter discussions and resolutions (late January) Wikileaks survey to guage library action (February 8) Bill Sleeman op-ed “A Librarian reacts to Wikileaks” & “A librarian reacts to ‘A librarian reacts to WikiLeaks’” [ http://freegovinfo.info/ node/3178 ] (February 9) Wednesday, March 30, 2011 Op-ed piece for Center for Journalism Ethics at UWisc conflates and ignores several issues surrounding Wikileaks the organization and the leaked US State Department cables themselves Bill’s arguments: 1. The cables were stolen, released (“dumped”) in an irresponsible manner and unauthenticated; 2. Assange's motivations are unclear; 3. Wikileaks release of information could lead to an undesired effect of *less* openness. 4. In other words, Bill is looking from a perspective of whether or not libraries/librarians should support Wikileaks. He comes to the conclusion that they should not. Our counterarguments: 1. cables were in fact leaked *not* stolen, released in conjunction with reputable news organizations in a responsible manner, and authenticated by the govt's responses and actions following the leak. Only 6321 of 251,287 have been released (15, 652 secret, 101,748 confidential, 133,887 unclassified but unclear where those 6321 fall) after being vetted and redacted by WL and news orgs. 2. Can’t base collections decision solely on classification status. If that were the case, then Pentagon Papers would need to be taken off the shelf as it has never been declassified. 3. Claiming the release *could* cause harm has actually caused harm in the form of a chilling effect on libraries. One could easily argue that the cable release will *not* cause harm but will usher in a new era of govt transparency. Both speculations muddy the waters and cause libraries to ignore the real question: “What should libraries DO about the cables?”
  • 5. Wikileaks library survey 3 of 69 libraries cataloged link to WK cable site 1 of 70 currently downloading cables 2 of 67 plan to download 35/35 split on whether libraries should preserve and give access 44 Academic, 12 Public, 6 Law, 4 Special, 4 Other http://snipurl.com/wikileakslibrarysurvey Wednesday, March 30, 2011 NOT a scientific survey and only distributed to govt docs library forums (govdoc-l, godort, FGI). 1) Has your library cataloged the wikileaks cable site link for inclusion in your library catalog? 2) Are you currently downloading the Wikileaks cable archive for your library? 3) If yes, how are you giving access to your library's users? 4) If no, do you plan to download the Wikileaks cable archive? 5) If you aren't or do not have plans to download, why not? 6) Do you think it is important for libraries to preserve and give access to wikileaks cables? 7) Please explain your answer to Q6 8) Please feel free to comment here on any issue regarding the Wikileaks diplomatic cables 9) In what kind of library do you work?
  • 6. Some survey responses The cables are stolen goods. If someone left a box of stolen books at my library door, I wouldn't accession them without the owner's consent. That said, I think libraries should preserve the digital content of the cables and seek permission from the owners to make them public. These are U.S. government state secrets. Illegal on their face. Courts should decide about legality, etc. Wikileaks cables are classified and/or proprietary information These are still classified documents. As a Federal Depository Library, I feel obligated to stay within the law. Maybe SOME libraries could do, but not all. I don't know if our library would consider it in scope. I think some libraries should be archiving and preserving this information for future generations and to ensure access to the information for current users. Preservation and access are huge parts of our mission as libraries. It is important for them to be preserved but not necessarily libraries, maybe NARA, LC, or other secure repositories http://snipurl.com/wikileakslibrarysurvey Wednesday, March 30, 2011 here are some sample responses. I tried to pick both +/- responses. clear chilling effect is happening. many of the responses questioned the legality of the cables, called them stolen goods. most indicative response was #1 shows the cognitive dissonance in the community and clearly this dissonance is leading to inaction. Frankly I was surprised by the response given that the library community is seen by itself and by the public as a strong defender of privacy, civil rights, and access to information. Stems from MSM coverage, response to WL by US companies (Amazon, Paypal, BoA etc) and US legislators. My hope is that every librarian here today will bring this discussion back to their libraries and will at least catalog the link to the WL site. I will continue to advocate for many libraries archiving/preserving/ giving access to the WL cables and digital govt information in general. one cannot guarantee the preservation or integrity of information without explicit effort. The idea of distributed preservation and access is at the core of the Federal Depository Library Program. It’s critical to continue this mission in the digital age.