Ethics of Innovation Symposium Identifies Points of Tension for Libraries
By Josh Hadro Dec 9, 2010Librarianship is a profession steeped in ethics. But now more than ever some of those staunch ethical positions put libraries at odds with evolving user expectations when it comes to privacy and the use of commercial tools and services.
This tension served as the starting point for an online symposium held November 17, which brought together more than 400 librarians for a session on "The Ethics of Innovation: Navigating Privacy, Policy and Service Issues." The event was cosponsored by Library Journal and OCLC, and has been archived for later viewing. (Disclosure: the author consulted on the development of the symposium.)
The wide-ranging discussion, featuring librarian and consultant Gary Price, founder and editor of ResourceShelf, and lawyer Liza Barry-Kessler, managing partner at Privacy Counsel, LLC, often returned to a short list of core concerns. The tricky transition from content ownership to licensed access has complicated matters, the panelists said, as have the implications of aggressive data gathering policies by social media and commercial service providers. They also noted that librarians often find themselves uncomfortably caught between the role of information provider and information cop. Finally, the panelists considered whether there was an ethical obligation in the field to push back against legal requirements perceived to be too onerous, and discussed how libraries can take steps to protect themselves against liability.
At a crossroads
Moderator Wayne Bivens-Tatum, Philosophy and Religion Librarian at Princeton University, framed the session by described the library as at a crossroads.
Access to information is easier than ever, he noted, but the legal and ethical landscape has also become increasingly complex. As an example, he cited the major shift from ownership to licensing of content like academic journals, a shift that has tilted the balance of control toward publishers who enjoy an increased ability to specify the terms of use. Likewise, the national and regional network for sharing books—as they're currently structured—will have little place among collections dominated by ebook editions, subject to terms very different than what's set out by copyright law and the First Sale Doctrine.
It's the ethics of the profession to share information as freely as possible, Bivens-Tatum said, but information is increasingly subject to more and more restrictions, a conflict highlighted by the recent case of librarians attempting to use the Netflix DVD service to supplement their collections. Meanwhile, Bivens-Tatum outlined a conflict between the ethical practices that govern the administration of library services and the cultural trend toward decreased privacy inhibitions online.
Protections as library brand
"Librarians like information to be free, but not about library users," he said, noting that library OPACs could technically offer suggested resources based on borrowing history, though library policies rule out that practice.
Barry-Kessler said that those protections are at the core of what sets libraries apart. "The kind of trust that librarians have built up as defenders of user privacy, of intellectual freedom, and in being a trusted source of information ... those are certainly 'brand identifiers' that you would not want to dilute." However, she and Price agreed that users have become accustomed to trading information for convenience, a fact libraries will have to contend with as they compete for users' attention and patronage.
The supremacy of convenience also figured in later as Price considered whether librarians ought to be more like museum docents guiding users or mall cops making sure all use is aboveboard. He wondered, how far does a librarian's obligation to provide information extend? Must librarians remain silent on the use of information sharing services like BitTorrent networks, even if they best serve users' needs?
Considering similar implications of abuse of in-house materials and licensed services, Barry-Kessler offered a practical suggestion: "make the easiest path the path consistent with the agreements [the library has] signed." Ultimately, libraries are bound by the agreements they sign, she said, though she did also note that it's not the library's responsibility to stop any and all possible ways of evading those agreements.
Pushing the envelope
Aside from responsibility for their users, the panelists also considered what obligation libraries and librarians have to push back against what they consider to be unfair or onerous licensing and legal obligations. Price wondered whether any but the largest institutions and groups have the resources to effectively take on these issues, while Barry-Kessler once again urged librarians to consider their actions carefully: if you want move forward with that kind of progressive agenda, she said, "be sure that you have the institutional support before you go down that maverick path—otherwise you may find yourself unemployed and/or in some legal trouble."
Bivens-Tatum also added that there is a significant difference between advocating for change—which every librarian can do with very little risk—and transgressing in an attempt to prompt change more directly.
In the end, the speakers urged librarians to keep abreast of the changes and innovations in consumer culture and use them to inform an institutional "ethics' strategy." A good place to start, Barry-Kessler said, is to revise all written privacy policies, and then work toward keeping them current. Adapting policies from peer institutions can work as an initial step, she said, though she cautioned that there's no guarantee other policies will accurately represent your institution's guiding principles.
Ethical education for staff is critical, Price and Barry-Kessler concluded. And an excellent opportunity for that is Choose Privacy Week sponsored by ALA, they said, which can be used to get patrons as well as library staff engaged with privacy and ethical issues through the library.
Twitter hour
The conversation continued on Twitter, led by social media moderators Joe Murphy and Lisa Carlucci-Thomas, delving deeper into many of the issues covered during the session. A full transcript of the Twitter discussion is available.
The event and Twitterthon served as the second in a series on aspects of innovation in the library field. The previous Innovation Symposium, "The Future is Mobile," focused on the capabilities of next-generation handheld devices, and the impact they will have on library services.
