The DOI matches its Crossref record; 31 of the 34 references it cites were found in a registry or an index.
Four Facets of Privacy and Intellectual Freedom in Licensing Contracts for Electronic Journals
Open accessAbstract
This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, and to our account of the four facets of intellectual freedom. We find important conflicts with each.
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“These initiatives increasingly develop student surveillance systems, otherwise known as dataveillance systems.74”
From Learning Analytics and the Academic Library: Professional Ethics Commitments at a Crossroads (2018) · cites this paper as [74]
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Cites
Toward a feminist theory of the state
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Security and Liberty: The Image of Balance*
Waldron, J. (2003) · Journal of Political Philosophy · doi:10.1111/1467-9760.00174 · Cited by 305
Not Just Deserts: A Republican Theory of Criminal Justice.
Duff, R. A., Braithwaite, J. B., & Pettit, P. N. (1993) · The Philosophical Review · doi:10.2307/2185917 · Cited by 293
Privacy as an aspect of human dignity: an answer to Dean Prosser
Bloustein, E. J. (1984) · Cambridge University Press eBooks · doi:10.1017/cbo9780511625138.007 · Cited by 284
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Christman, J. P. (1991) · Ethics · doi:10.1086/293292 · Cited by 256
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Pettit, P. N. (2002) · Political Theory · doi:10.1177/0090591702030003004 · Cited by 219
Posner, R. A. (2001) · Edward Elgar Publishing eBooks · doi:10.4337/9781035303526.00024 · Cited by 205
Hill, T. E. (1984) · The Journal of Value Inquiry · doi:10.1007/bf00144766 · Cited by 139
Heyman, S. J. (1992) · bepress Legal Repository · Cited by 132
Research works printed but not linked: 6
- See, for example, Charles Fried, An Anatomy of Values; Problems of Personal and Social Choice (Cambridge: Harvard University Press, 1970);
- This theoretical framework has been developed more fully developed in Rubel, "Libraries, Electronic Resources, and Privacy" and Alan Rubel "Privacy and Positive Intellectual Freedom," Journal of Social Philosophy) 45(3) (Fall 2014): 390-407.
- Isaiah Berlin, Four Essays on Liberty (London: Oxford University Press, 1969);
- Neil M. Richards, "Intellectual Privacy," Texas Law Review 87 (2008): 387;
- Marc Jonathan Blitz, "Constitutional Safeguards for Silent Experiments in Living: Libraries, the Right to Read, and a First Amendment Theory for an Unaccompanied Right to Receive Information," UMKC Law Review 74 (2006): 799.
- see also U.S. v. Drew, 259 F.R.D. 449 (C.D. Cal., 2009) (holding that providing false information to a website, in violation of terms of service does not constitute unauthorized or exceeding of authorized access). However, these cases do not appear to pro- vide grounds for avoiding criminal charges in cases like Swartz's. Lee Goldman distinguishes several interpretations of unauthorized access and exceeding unauthorized access: an "agency" approach, such that acting contrary to one's employer's interest violates the law; a "contract" approach, such that violating an employment or terms of service contract violates the law; and a "plain meaning" approach such that only access, and not use, of information violates the law. "Interpreting the Computer Fraud and Abuse Act," Pittsburgh Journal of Technology Law & Policy 13, no. 1 (2012). Under any of these interpretations, the CFAA would appear to give rise to liability for unauthorized use or exceeding authorized use of licensed library materials.
Cited by
Sorted by citations
Learning Analytics and the Academic Library: Professional Ethics Commitments at a Crossroads
Jones, K., & Salo, D. (2018) · College & Research Libraries · doi:10.5860/crl.79.3.304 · Cited by 85
Tummon, N., & McKinnon, D. (2018) · Library & Information Science Research · doi:10.1016/j.lisr.2018.05.002 · Cited by 25
Intellectual freedom and social responsibility in library and information science: A reconciliation
Macdonald, S. (2023) · Journal of Librarianship and Information Science · doi:10.1177/09610006231160795 · Cited by 14
Garofalo, D. A. (2015) · Journal of Electronic Resources Librarianship · doi:10.1080/1941126x.2015.1092352 · Cited by 8
Intellectual Freedom in Academic Libraries: Surveying Deans about Its Significance
Oltmann, S. M. (2017) · College & Research Libraries · doi:10.5860/crl.78.6.741 · Cited by 5
Metadata
- Authors
- Rubel, A., & Zhang, M.
- Affiliations
- University of Wisconsin System (US)
- ORCID
- Rubel, Alan
- Venue
- College & Research Libraries
- Publisher
- American Library Association
- Published
- 2015-05-01
- Volume
- 76
- Issue
- 4
- Pages
- 427-449
- ISSN
- 0010-0870 (ISSN-L)
- 2150-6701
- OpenAlex
- W2147262130
- Cited by
- 9
- References
- 34
- Citations by year
- 2025: 1 · 2024: 1 · 2023: 1 · 2021: 1 · 2018: 3 · 2017: 1 · 2015: 1
- FWCI
- 5.53
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Licence
- cc-by-nc
- Locations
- College & Research Libraries (publishedVersion, cc-by-nc)
- PhilPapers (PhilPapers Foundation) (submittedVersion, cc-by-nc)
- Minds at UW (University of Wisconsin) (submittedVersion)
- SSRN Electronic Journal (submittedVersion)
- PhilPapers (PhilPapers Foundation) (submittedVersion)
- Topics
- Social Sciences › Law › Law, Rights, and Freedoms
- Social Sciences › Library and Information Sciences › Library Science and Information
- Social Sciences › Library and Information Sciences › Library Collection Development and Digital Resources
- Keywords
- freedom of thought, licensing agreements, academic libraries, user data sharing, collection sharing
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