Jaymie Cashdollar

Professor Perkins

LLT 500

December 3, 2018

ALA Core Competency:

1F. National and international social, public, information, economic, and cultural policies and

trends of significance to the library and information profession.

Li-brar-y: a building or room containing collections of books, periodicals, and sometimes

films and recorded music for people to read, borrow, or refer to (Webster's).  So much more

than the definition, libraries, whether public, school or academic, are innovative institutions vital

to communities throughout America.  From providing access to necessary technologies to

offering diverse materials, they are bedrocks of democracy, open to everyone.  Unfortunately,

because of the public funding received, libraries can be deeply affected by political policies and

social attitudes.  The election of President Donald Trump in 2016 has brought new challenges to

libraries and library patrons, some of the most important including federal funding challenges,

the repeal of Net Neutrality, limiting access to broadband, and copyright issues.  

Federal Funding Overview 

In both the FY2018 and FY2019 federal budgets, President Trump attempted to

eliminate the Institute of Museum and Library Services (IMLS).  The Library Services and

Technology Act (LSTA), funded through the IMLS, is the only federal program that exclusively

supports services and funding for libraries.  It provides more than $186.3 million for libraries

through several grant programs, including Grants to States and the Native American Library

Service (Kramer).  Grants to States funds are used to support statewide initiatives and services

with public, academic, research, school, or special libraries.  In Pennsylvania, the funds are

used for the Pennsylvania Digital Collections, Cruise into Kindergarten, and more (IMLS).
 Quoted in the Washington Post, IMLS director Kathryn K. Matthews said of the proposed

cuts, “Without IMLS funding for museums and libraries, it would be more difficult for many

people to gain access to the internet, continue their education, learn critical research skills, and

find employment” (McGlone).

Funding Impact on the Library Profession

Fortunately, both chambers of Congress rejected the proposals, and the signed FY2109

funding bill includes an increase of $2 million for the IMLS to be used for research and

administration functions (Garcia-Febo).  Increases were also provided for library-eligible

programs, such as Title IV education grants and the National Library of Medicine.  While federal

dollars account for only 14% of public library funding, these funds are vital to libraries (IMLS).  

The increase was a relief for library advocates in 2019, but threats to library funding

won’t be disappearing any time soon.  The right-wing “Americans for Prosperity” mega-PAC,

funded by the billionaire Koch brothers, attempts to eliminate local library funding with an anti-

tax agenda.  In March 2016, the group ran anti-library robocalls to help defeat an Illinois public

library tax referendum (Peet).   In his “vision for a confident America” plan, A Better Way,

current Speaker of the House Paul Ryan outlines elimination of the IMLS and the zeroing out of

federal funding for libraries (Office).  While Betsy DeVos, Secretary of Education, has not made

an official statement regarding school libraries, her belief that federal funding “supplements but

not supplants” state and local funds may create budget challenges (Chratska).

In September 2018, Democratic Senator Jack Reed led legislation to reauthorize the

IMLS.  The 2018 act improves upon previous acts in that it includes specific allowances for

grant funds towards preparing for and providing services, in a disaster or emergency, increases

funding for Tribal libraries, and utilizes data-driven tools to measure the impact and

effectiveness of library services (Kromer).  The act passed in Senate in December and is

currently awaiting a House vote.

Network Neutrality Overview

 Created by Tim Berners-Lee in 1989 as a way for scientists to share information, the

World Wide Web has evolved into the world’s most powerful medium for communication. 

Attempts to control it have been made by governments and corporations since its inception, and

in the United States, the issue of Net Neutrality has been the center of much of this control

debate.  Net Neutrality is the concept that Internet service providers (ISPs) must treat all

Internet content equally, regardless of its origin, creator, or destination.  

In 2010 the Federal Communications Commission (FCC), the agency that oversees and

enforces communications laws and regulations for state, national and international

communications via radio, television, cable, wire, and satellite, passed the “Open Internet

Order,” the first attempt to ensure Net Neutrality.  This order prohibited ISPs from the following:

1.  Blocking - ISPs could not discriminate against any lawful content by blocking

websites or apps.

2. Throttling - ISPs could not slow transmission of data because of the nature of the

content, as long as the content was legal.

3. Paid Prioritization - ISPs could not create a “fast lane” for companies and

consumers who pay more.

Challenged in court by both Verizon and Comcast, the courts ruled that the FCC did not have

oversight over ISPs, claiming that ISPs are “information providers” and not “telecommunication

services.”  

Opponents of the order argued self-regulation was enough to prevent neutrality issues,

but there were numerous examples that self-regulation wasn’t working.  One of the most public

examples of this was in 2014, when, after being accused of throttling the average speed of

Netflix’s streaming video content by 25%, Comcast struck a confidential financial agreement

with the company to guarantee speeds would not decline (Gustin).  Public-interest advocates
warned that while large companies like Netflix could afford to pay such fees, smaller startups

would not be able to do so, stifling the development of the next generation of internet services.

Former President Obama was a supporter of Net Neutrality and used it as a platform for

his election.  During his second term as president, in 2015, the FCC changed the classification

of ISPs to “telecommunication services,” granting the agency oversight of ISPs, and the ability

to reinstate the “Open Internet Order” previously struck down in courts. In response to this

change, Obama stated, “The Internet has been one of the greatest gifts our economy - and our

society - has ever known.  The FCC was chartered to promote competition, innovation, and

investment in our networks.  In service of that mission, there is no higher calling than protecting

an open, accessible, and free internet”  (Net Neutrality).

Fast forward two years later, to the 2106 election of Republican Donald Trump.  FCC

chairman, Ajit Pait, designated by President Trump in January 2017, opposed Net Neutrality

and began dismantling it soon after being appointed.  In May 2017, the FCC issued “Restoring

Internet Freedom Notice of Proposed Rulemaking.”  Meant to deregulate the internet, this order

changed Broadband Internet service back to an “information service” and gave regulatory

powers to the Federal Trade Commission (FTC), a federal agency charged with protecting

consumers and competition by preventing anticompetitive, deceptive, and unfair business

practice (Restoring).  On December 14, 2017, the FCC voted 3-2 to revoke Net Neutrality rules,

which took effect in June 2018.  Current FCC Chairman Ajit Pai argues that this lack of

regulations will promote more competition into the broadband marketplace and will lead to

“better, faster, and cheaper Internet access for all Americans, including those on the wrong side

of the digital divide” (Restoring).  

Net Neutrality Impact on Library Profession

Although Chairman Pai claims the Internet will remain free and open with the “Restoring

Internet Freedom Order,” ISPs may now legally offer “tiered services,” meaning the companies
can favor websites and services with faster connections, block others, or charge content

providers fees to connect to customers.  

According to the American Library Association (ALA), Net Neutrality is an intellectual

freedom issue and it is “essential to the promotion and practice of intellectual freedom and free

exercise of democracy” (Ediaz).  Libraries provide free internet access, and for many

individuals, the library is the sole point of access to connectivity, providing users exposure to

news, job opportunities, social media, and more.  Without Net Neutrality, access to this

information can be limited or censored, creating the have and have nots of the internet.

Helen Adams and Christopher Harris, authors of “Net Neutrality: Why It Matters to

School Libraries,” voice a major concern as to “whether educational content will be slowed down

so ISPs can give preferential treatment in a ‘fast lane’ to content that will give them greater

financial return or in which they have ownership” (9).  Could textbook creators sign exclusivity

deals with certain ISPs?  What if the ISP is not available in a district’s community?  

Advocates of Net Neutrality are appealing to the FCC’s Restoring Internet Freedom

Order, including tech companies such as Etsy, Vimeo, and Mozilla, as well as 34 state attorneys

general, arguing that the FCC’s decision to change the classification of broadband violates the

Administrative Procedure Act (Breland).  Oral arguments will be heard by the Court in February

2019.  

Broadband/E-Rate Overview

Broadband is how quickly data can come in (downloads) and go out (uploads) through a

modem.  Speed is measured by megabits per second (Mbps) - the higher the Mbps the faster

the data moves.  The average home broadband internet speed is currently 38 Mbps and can

reach up to 76 Mbps, although this faster speed is used mainly by corporations and

professionals.   The FCC broadband benchmark speed is 25 Mbps for downloads and three for

uploads (FCC). 
 According to the Pew Center of Research, nearly 33 million United States households do

not have broadband Internet at home, creating what is known as the “digital divide” (Rainie). 

This divide disproportionately affects lower-income households, the disabled, rural residents,

tribal communities, and African Americans and Latinos (fig.1). Without a fast, reliable internet

connection, individuals do not have access to educational resources, job opportunities, social

engagement, or the potential for entrepreneurship. 

Fig. 1-4. Home broadband usage 2016. Graph from Lee Rainie.  Digital Divide - Feeding America. (Pew
Research Center, 2 Feb 2017) Accessed 3 Dec 2018. 
 
Broadband/E-Rate Impact on the Library Profession

As discussed with Net Neutrality, libraries provide free Internet access to the public,

filling gaps that might exist within communities.  To fulfill this need, libraries must have

affordable, high-capacity broadband internet access.  The federal E-rate program* enables this

affordability through discounts on telecommunication services, such as Internet access, Wi-Fi,

and related costs, to public libraries and public and private K-12 schools, with greater financial

support for high-poverty areas.  Expanded in 2014 by the FCC, overall funding increased from
$2.4 billion annually to $3.9 billion (Bocher).  These additional funds provide libraries with the

means to improve internal connections, including network equipment inside the building.  

Not all libraries are taking advantage of the E-rate discounts.  Only 15% of tribal libraries

receive E-rate funding (Broadband).  According to the ALA, 7 in 10 residents on rural tribal lands

do not have access to broadband internet (1).  To rectify this, the Tribal Connect Act was

introduced to Congress in 2017 (Heinrich).  While some tribal libraries are stand-alone entities,

many are within schools, colleges or universities, or serve as community centers, museums, or

archives.  The Tribal Connect Act provides E-rate support to tribes for these types of institutions

if they do not have existing libraries eligible for E-rate support; are exclusively owned by the

tribes, and the institutions deliver publicly available Internet access. 

Lifeline, an FCC program that discounts broadband/broadband-voice bundles, is

enhanced for low-income residents who live on Tribal lands.  The program offers a $9.25

monthly discount to all eligible subscribers in every state, territory, and commonwealth, but

those living on Tribal lands can receive an additional $25 a month (Lifeline).  Programs such as

these are vital to ensuring low-income families, especially those living on Tribal lands, bridge the

digital divide.  

Unfortunately, this program has come under scrutiny by FCC Chairman Pai, who

introduced proposals in November 2017 that would eliminate both the additional $25 subsidy

and “resellers,” like TracFone and I-Wireless, who lease space on other networks, creating

more affordable options for consumers.  It is estimated that 70% of the providers in the Lifeline

program are resellers, creating a concern that eliminating them will make internet access

unaffordable for low-income individuals.  An estimated 8 million Lifeline customers could lose

their carrier (Barick). 

The Tribal subsidy will remain in place for now, as in August 2018 the U.S. Court of

Appeals granted a stay preventing the Commission’s order from going into effect (National

Lifeline Association v. FCC).  There has also been tremendous public outcry over the proposal
to eliminate “resellers,” and as of September 2018, a final decision has not been made by the

FCC. 

Rural communities are facing similar issues to Tribal communities when it comes to

lacking connectivity.  When job opportunities and government offices are miles away, the ability

to apply and complete forms online saves unnecessary travel time and expenses.  Libraries are

a vital resource in bridging this distance, especially during a time the government is widening

the gap with the elimination of funding.  Broadband access helps reduce unemployment, with

jobless Americans conducting job searches, connecting with employers, and completing online

career development courses.  Students with broadband access become computer literate, ready

for today’s job market where computer skills are vital.  Affordable broadband also provides

access to telemedicine, saving taxpayer dollars.  

*To qualify for the federal E-Rate program libraries must agree to comply with CIPA filtering.

Copyright Overview and Impact on Library Profession

Another important issue affecting libraries is copyright law.  This constantly evolving

subject affects how libraries provide information to patrons. Current copyright issues include the

Marrakesh Treaty, Music Modernization Act, issues within the US copyright agency, and digital

rights management.

President Trump has signed two important pieces of copyright legislation.  In October

2018, he signed the Marrakesh Treaty, a huge copyright win for libraries internationally.  The

passage of the treaty allows libraries and authorized entities to make copies of entire articles

and books, making them accessible to people with print disabilities.  These copies can be

distributed across borders.  According to “The Marrakesh Treaty: An EIFL Guide for Libraries,”

the goal of the treaty is “to end the book famine - the fact that only about 7% of published books

are made available globally in accessible formats, such as Braille, audio and large print, and

DAISY formats” (1).  By making it legal to send and receive printed works internationally it will
allow institutions with larger collections of books to share these collections with institutions and

countries with fewer resources.  

In September 2018 Trump signed the Music Modernization Act which federalizes

copyright protection for pre-1972 sound recordings, bringing them under federal copyright

protection rather than individual state law protection.  This federalization is good for libraries in

that there will now be uniformity, and the recording will be treated the same as other protected

works.  

Senate has proposed two controversial acts that are awaiting votes.  The Register of

Copyrights Appointment and Accountability Act (S. 1010) would shift the hiring authority of the

Register from the Librarian of Congress to the President.  Already passed in the House, Senate

voting is slated for December 12, 2018.   The ALA opposes this bill, as there is concern that the

shift would politicize a position that should be impartial and non-partisan.  The Copyright

Alternative in Small Claims Enforcement (CASE) Act (HR. 3945) was introduced to create a

small claims court in the Copyright Office to litigate alleged copyright infringement for individuals

that cannot afford the cost of a federal trial.  The ALA opposes this bill as well, arguing it will not

be used by litigants who would have to sacrifice traditional benefits and protections of federal

court litigation.  The small claims caps settlements at $30,000.

DRM Copyright and E-Book Availability Overview

Digital Right Management (DRM) technology is used to control access to, track, and limit

uses of digital works.  An example of this technology would be a music company preventing a

customer from listening to an MP3 on multiple computers. The purpose of DRM is to prevent

unauthorized redistribution of digital media and restrict the ways consumers can copy content

they've purchased.  According to the ALA, DRM limits the ability of libraries and schools to serve

the information needs of patrons by:

1.  Eliminating “first sale” doctrine - DRM limits the transfer of work to others.  
 2. Enforcing a “pay-per-use” model of information dissemination - “Pay-per-use” is

contrary to the public purposes of copyright law and has the potential to create

inequity and economic hardship for institutions.

3. Enforcing time limits that prevent preservation and archiving

4. Eliminating “fair use” - DRM technology can prevent printing and copying, which

will restrict library service to education and research.

Copyright and E-Book Availability Impact on the Library Profession

These DRM copyright issues, combined with restrictions created by the publishing

industry, have created a tense relationship with libraries and publishers in regards to eBooks. 

While the “first sale” doctrine applies to print books, libraries do not purchase eBooks, but

instead, purchase the license to the book.  Often publishers attach terms to these licenses, such

as limiting the number of checkouts to 26, with one user allowed to borrow at a time. Another

model is pay-per-use.  Depending on the publisher, the cost for an eBook could be equal to the

hardcover print edition up to $65 per title.  Publishers claim these terms are in place to prevent

library loans from cutting into retail sales.  

The debate was recently re-ignited in July 2018 when Tor, a division of Macmillan,

announced without warning that it was immediately beginning to embargo eBook sales of new

titles to libraries for four months. In a statement, the company claims, “Our current analysis on

eLending indicates it is having a direct and adverse impact on retail eBook sales” (Statement).

The current business model places libraries in an untenable position trying to meet

exploding eBook demand.  Yet work is being done on both sides to reach an agreement to

make eBook terms less restrictive to libraries.  The Panorama Project is a research project

focused on understanding the impact of library holdings on book discovery, author brand

development, and sales.  Publishers might be surprised to find libraries increase retail sales and

traffic to author sites.  

 These are just a few of the important issues facing today’s library profession that are

affected by national and international social, public, information, economic, and cultural policies,

and trends.  This ALA Core Competency, 1F, goes hand-in-hand with 1H - the importance of

effective advocacy for libraries, librarians, other library workers, and library services.

Fortunately, librarians are no strangers to advocacy, and activism, working tirelessly to ensure

equity, access, and above all, democracy.  

Works Cited

Adams, Helen & Harris, Christopher.  “Net Neutrality: Why It Matters for School Librarians.”  Teacher

Librarian. April 2018: 8 - 12. Print.

"ALA urges Senate to reject bill to make Register of Copyrights a presidential appointee", American Library

Association, April 26, 2017. http://www.ala.org/news/press-releases/2017/04/ala-urges-senate-

reject-bill-make-register-copyrights-presidential-appointee (Accessed 2 Dec. 2018)

Bocher, Robert. “Changes to the E-Rate Program and Complying with CIPA: A Brief FAQ”. Fact Sheet.

ALA Office for Information Technology Policy. Aug 2017. Web.

Breland, Ali.  “Six Tech Companies Filing Net Neutrality Lawsuit.” The Hill. 5 March 2018.

https://thehill.com/policy/technology/376794-kickstarter-etsy-others-file-net-neutrality-lawsuit

(Accessed 25 Sept. 2018).

“A Broadband Imperative: Equitable Opportunity for Tribal Communities Through Libraries.” Fact Sheet.

American Library Association. n.d. Web.

Ediaz. “Net Neutrality: An Intellectual Freedom Issue.” United for Libraries, 20 Feb. 2018,

www.ala.org/advocacy/intfreedom/netneutrality (Accessed 2 Nov. 2018).

“2018 Broadband Deployment Report.” FCC. 2 Feb 2018. https://www.fcc.gov/reports-

research/reports/broadband-progress-reports/2018-broadband-deployment-report (Accessed 2 Nov.

2018).

Garcia-Febo, Loida. “Federal Budget Includes Big Gains for Libraries.” American Libraries Magazine,

americanlibrariesmagazine.org/blogs/the-scoop/federal-budget-includes-big-gains-libraries/.

(Accessed 25 Oct. 2018).

Gustin, Sam. “Comcast-Netflix-Deal.” Time. 23 Feb. 2014, time.com/9373/comcast-netflix-deal/. (Accessed

16 Nov. 2018).

Kromer, Kathy.  “Museum and Library Services Act Introduced.” American Libraries Magazine,

americanlibrariesmagazine.org/blogs/the-scoop/museum-library-services-act-introduced/. (Accessed

9 Nov. 2018). 

“Library.” Merriam-Webster, 2018, https://www.merriam-webster.com/dictionary/library.

“Lifeline Support for Affordable Communications.” FCC. 7 Aug. 2018,

www.fcc.gov/consumers/guides/lifeline-support-affordable-communication. (Accessed 9 Nov. 2018)

“The Marrakesh Treaty: An EIFL Guide for Librarians.”  EIFL. December 2014: 1-18. Print.

National Lifeline Association vs. FCC. USCA Case #18-1026. United States Court of Appeals. Filed 10 Aug

2018. Print.

Nesbit, Miriam. “Digital Rights Issues.” Fact Sheet. American Library Association. n.d. Web. 

“Net Neutrality: A Free and Open Internet.” National Archives and Records Administration,

obamawhitehouse.archives.gov/net-neutrality (Accessed 4 Oct. 2018).

Office of the Speaker of the House. “A Better Way.” A Better Way, abetterway.speaker.gov/.

Peet, Lisa. “Plainfield Library District Referenda Lose to Robocalling.” The Library Journal,

www.libraryjournal.com/?detailStory=plainfield-library-district-referenda-lose-to-robocalling

(Accessed 18 Oct 2018).

“Restoring Internet Freedom.” FCC, 13 June 2018, www.fcc.gov/restoring-internet-freedom. (Accessed 16

Nov. 2018).

Russell, Carrie. “The Copyright Office Doesn’t Need a Small Claims Court.” District Dispatch. American

Library Association. 23 Oct. 2017. https://www.districtdispatch.org/2017/10/the-copyright-office-

doesnt-need-a-small-claims-court/ (Accessed 9 Nov. 2018).

“Statement Release Regarding TOR Digital Books.” Upper Arlington Public Library, 17 July 2018,

www.ualibrary.org/mediasrvc/blog/statement-release-regarding-tor-digital-books. (Accessed 9 Nov.

2018).