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Cited by 9Law, Rights, and FreedomsLibrary Science and InformationLibrary Collection Development and Digital Resources

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 access
Rubel, Alan, Zhang, Mei·2015·College & Research Libraries
DOI 10.5860/crl.76.4.427
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Abstract

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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Research works printed but not linked: 6

  1. See, for example, Charles Fried, An Anatomy of Values; Problems of Personal and Social Choice (Cambridge: Harvard University Press, 1970);
  2. 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.
  3. Isaiah Berlin, Four Essays on Liberty (London: Oxford University Press, 1969);
  4. Neil M. Richards, "Intellectual Privacy," Texas Law Review 87 (2008): 387;
  5. 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.
  6. 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.

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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
DOI
10.5860/crl.76.4.427
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
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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