Why the Smithsonian Adopted a New Policy on Ethical Collecting; Smithsonian Magazine, June 2022

Lonnie G. Bunch III, Secretary, Smithsonian Institution, Smithsonian Magazine; Why the Smithsonian Adopted a New Policy on Ethical Collecting

For more than a century, museum artifacts were acquired in ways we no longer find acceptable. How can we repair the damage?

"In 2021, the Smithsonian asked a group of collections specialists and curators to examine how to make ethical concerns central to our ongoing stewardship of Smithsonian collections. The group’s recommendations, with overwhelming support from the collections community, went into effect at the end of April. The new policy authorizes our museums to enter arrangements to share authority, expertise and responsibility for objects’ care and return certain objects based on how and under what circumstances they were acquired. Unethical acquisition could include an object having been stolen, taken under duress or removed without the owner’s consent.

The first return under consideration is a set of objects dating from the 13th century removed by the British during an 1897 raid of Benin City in what is now the nation of Nigeria. These artifacts, known as the Benin bronzes, were donated to or acquired by numerous museums over the years, including the National Museum of African Art. Of the 39 pieces in its collection, 29 have been confirmed or determined likely to have been looted, and pending approval by the Smithsonian Board of Regents, will be returned to the Nigerian government."

Some parents want action, but school guidance on Utah’s book ban law is still murky; KUER 90.1, May 20, 2022

Jon Reed, KUER 90.1; Some parents want action, but school guidance on Utah’s book ban law is still murky

"Utah House Speaker Brad Wilson sent a letter to the Utah State Board of Education Wednesday to urge education officials to “take initiative” against school districts refusing to comply with a new state law banning “sensitive materials” in schools.

While not naming specific districts, Wilson told KUER that he’s received reports of schools knowingly disregarding the law as well as input from parents on whether certain materials are inappropriate and should be removed.

“When we have clearly pornographic materials in our school libraries, it needs to come out and it needs to come out quickly,” he said. ”This is not an imaginary issue.”

School districts have long had policies for how to address requests to review and remove materials. But the law sets new standards about what material is considered pornographic or indecent, according to a memo from the Office of Legislative Research and General Counsel.

The memo contradicted previous guidance from the Utah Attorney General. OLRGC also noted the AG’s office overstated U.S. Supreme Court precedent on when the removal of a book from a school library violates a student’s First Amendment rights.

Norman Emerson, president of the Utah Library Media Supervisors, said districts are working to update their policies to be in compliance with state law. Some had waited until more guidance was issued, including direction from USBE that is still forthcoming. In a letter addressed to Speaker Wilson, the board noted districts are already required to have a reconsideration process for library materials but also said it is working toward creating a “model policy” that can be used as a template."

Wake County Library Makes It Harder to Ban Books; IndyWeek, March 16, 2022

Jasmine Gallup, IndyWeek; Wake County Library Makes It Harder to Ban Books

"Wake County’s Community Services program manager Frank Cope replied that if a book was challenged on the grounds of “obscenity” or another First Amendment concern, the library would consult the county attorney’s office. Leaders plan to add a provision to the policy clarifying how and when a lawyer will be involved in book challenges.

The American Library Association advises that libraries have a lawyer on retainer to consult on legal issues, Caldwell-Stone says. But there are some potential snags in using the county attorney to fill that role.

“There’s a conflict of interest, especially when there are elected officials arguing a book should be pulled and you have the county attorney make a decision,” Caldwell-Stone says. “It should be independent legal counsel that doesn’t also represent the police department and the county government.”"

Opinion: A lawsuit against Google points out a much bigger privacy problem; The Washington Post, February 14, 2022

Editorial Board, The Washington Post; Opinion: A lawsuit against Google points out a much bigger privacy problem

"The phenomenon the recent suits describe, after all, is not particular to Google but rather endemic to almost the entirety of the Web: Companies get to set all the rules, as long as they run those rules by consumers in convoluted terms of service that even those capable of decoding the legalistic language rarely bother to read. Other mechanisms for notice and consent, such as opt-outs and opt-ins, create similar problems. Control for the consumer is mostly an illusion. The federal privacy law the country has sorely needed for decades would replace this old regime with meaningful limitations on what data companies can collect and in what contexts, so that the burden would be on them not to violate the reasonable expectations of their users, rather than placing the burden on the users to spell out what information they will and will not allow the tech firms to have.

The question shouldn’t be whether companies gather unnecessary amounts of sensitive information about their users sneakily — it should be whether companies amass these troves at all. Until Congress ensures that’s true for the whole country, Americans will be clicking through policies and prompts that do little to protect them."

OIF Responds to Library Bill of Rights Meeting Room Amendment; American Libraries, July 10, 2018

American Libraries;

OIF Responds to Library Bill of Rights Meeting Room Amendment

 

"“As cited in the interpretation, there are two prominent cases addressing public library meeting rooms. One involved religion. One involved a white supremacist group. In both cases, the library prohibiting the groups use of space lost lawsuits and were forced to change their policies.

“The Library Bill of Rights Meeting Room amendment should serve as a catalyst for library staff to review or establish policies with assistance from their legal counsel. We encourage libraries to adopt policies that govern meeting space use while meeting the needs of the community that they serve."

Mark Zuckerberg Can Still Fix This Mess; The New York Times, April 7, 2018

Jonathan Zittrain, The New York Times; Mark Zuckerberg Can Still Fix This Mess

"There are several technical and legal advances that could make a difference.

On the policy front, we should look to how the law treats professionals with specialized skills who get to know clients’ troubles and secrets intimately. For example, doctors and lawyers draw lots of sensitive information from, and wield a lot of power over, their patients and clients. There’s not only an ethical trust relationship there but also a legal one: that of a “fiduciary,” which at its core means that the professionals are obliged to place their clients’ interests ahead of their own.

The legal scholar Jack Balkin has convincingly argued that companies like Facebook and Twitter are in a similar relationship of knowledge about, and power over, their users — and thus should be considered “information fiduciaries.”...

Given the blowback around current privacy and advertising practices — and the threat of regulation, especially from the European Union — companies like Facebook should do the right thing and commit to representing users’ interests. And the law could nudge them in that direction without outright requiring it. These actions might reduce Facebook’s growth or profitability, but that is not a compelling reason to stop doing something harmful. It may be that aspects of an advertising-based business model are indeed incompatible with ethically serving users, as polluted streams are incompatible with ethically mining coal."

The Guardian view on Grindr and data protection: don’t trade our privacy; Guardian, April 3, 2018

Editorial, Guardian; The Guardian view on Grindr and data protection: don’t trade our privacy

"Whether the users were at fault for excessive trust, or lack of imagination, or even whether they were at fault at all for submitting information that would let their potential partners make a better informed choice, as liberal ethics would demand, the next thing to scrutinise is the role of the company itself. Grindr has now said that it will no longer hand over the information, which is an admission that it was wrong to do so in the first place. It also says that the information was always anonymised, and that its policy was perfectly standard practice among digital businesses. This last is perfectly true, and perhaps the most worrying part of the whole story.

We now live in a world where the valuations of giant companies are determined by the amount of personal data they hold on third parties, who frequently have no idea how much there is, nor how revealing it is. As well as the HIV status, and last test date, Grindr collected and passed on to third parties its users’ locations, their phone identification numbers, and emails. These went to two companies that promise to make it easier to deliver personalised advertisements to phones based on the users’ locations and to increase the amount of time they spend looking at apps on their phones. The data was in theory anonymised, although repeated experiments have shown that the anonymity of personal information on the internet is pretty easily cracked in most cases."

Grindr Sets Off Privacy Firestorm After Sharing Users’ H.I.V.-Status Data; The New York Times, April 3, 2018

Natasha Singer, The New York Times; Grindr Sets Off Privacy Firestorm After Sharing Users’ H.I.V.-Status Data

"Grindr, the social network aimed at gay, bisexual and transgender men, is facing a firestorm of criticism for sharing users’ H.I.V. status, sexual tastes and other intimate personal details with outside software vendors.

The data sharing, made public by European researchers on Saturday and reported by BuzzFeed on Monday, set off an outcry from many users. By Monday night, the company said it would stop sharing H.I.V. data with outside companies."

1986 Privacy Law Is Outrun by the Web; New York Times, 1/10/11

Miguel Helft and Claire Cain Miller, New York Times; 1986 Privacy Law Is Outrun by the Web:

"The rules established by the 1986 Electronic Communications Privacy Act depend on what type of information is sought and how old it is. And courts in different jurisdictions have interpreted the rules differently.

But in many cases, the government does not notify people that they are searching their online information or prove probable cause, and if the government violates the law in obtaining information, defendants are generally unable to exclude that evidence from a trial, Ms. Freiwald said."