LIVE WEBCAST | PRESENTED 01/27/11 As books move into digital form and it becomes increasingly possible to capture detailed information about reader identity and habits, new reader privacy issues are emerging. Privacy issues related to Google Book Search have been swirling for many months and the North Carolina government's demand for the purchase records of 50,000 Amazon customers reminds us of the long and troubling history of government and third party attempts to demand book records. Drawing on "Digital Books: A New Chapter for Reader Privacy", this 45-minute live BISG Webcast discussed the history of reading privacy and explore opportunities for book industry professionals, policymakers, and public interest groups to work together to create a climate for digital books that is good for business and good for reading.

1. WELCOME TO
“Digital Books:
A New Chapter for Reader Privacy?”
This BISG WEBCAST took place
Thursday, January 27, 2010 at 1:00 p.m. ET
To register for future BISG Webcasts, please visit:
http://www.bisg.org/event-cat-6-webcasts.php
BISG WEBCAST
www.bisg.org 1

2. BISG WEBCAST
© 2010, the Book Industry Study Group, Inc. 2
www.bisg.org

3. Creating a more informed,
empowered and efficient book
industry supply chain for both
physical and digital products.
BISG is committed to the development of effective industry-
wide standards, best practices, research and events that
enhance relationships between trading partners.
www.bisg.org
BISG WEBCAST
© 2010, the Book Industry Study Group, Inc. 3
www.bisg.org

4. You’ll be hearing from today…
ANGELA BOLE
Deputy Executive Director
Book Industry Study Group, Inc.
Angela Bole is Deputy Executive Director of the Book
Industry Study Group (BISG). Based in New York City, BISG
is an industry trade association working to create a more
informed, empowered and efficient book industry supply chain
for both digital and physical products.
NICOLE A. OZER, Esq.
Technology and Civil Liberties Policy Director
ACLU of Northern California
Nicole A. Ozer is the Technology and Civil Liberties Policy
Director at the ACLU of Northern California. She works on the
intersection of new technology, privacy, and free speech and
is spearheading the organization's new online privacy
campaign, Demand your dotRights (www.dotrights.org).
BISG WEBCAST © 2010, the Book Industry Study Group, Inc. 4
www.bisg.org

5. BISG WEBCAST
© 2010, the Book Industry Study Group, Inc. 5
www.bisg.org

6. And now, on with the show…
BISG WEBCAST © 2010, the Book Industry Study Group, Inc. Inc. 6
© 2010, the Book Industry Study Group, 6
www.bisg.org © 2010, the Book Industry Study Group, Inc. 6

7. Digital Books: A New Chapter
for Reader Privacy?
Nicole Ozer- ACLU of Northern California

9. Is Reader Privacy Going to be
Left Out of the Story?
More data collection is possible
1) How much info should be collected?
2) Will reader privacy be safeguarded and reading
records protected from disclosure to third parties/
government?

10. 1) Why reading privacy has been safeguarded
who you are, beliefs, concerns
freedom to read- foundation of democracy
reading- target of government surveillance
1950s, 1960s, Post 9/11
2) How reading privacy has been safeguarded
Physical vs. digital
Constitutional protections
Statutory protections- State Confidentiality Laws
Ethics of Librarians

11. Long History of Protections for Reader Privacy
United States v. Rumley (1953) “Once the government can demand
of a publisher the names of the purchasers of his publications . . .
[f]ear of criticism goes with every person into the bookstall . . . [and]
inquiry will be discouraged.”
Kramerbooks- First Amendment required the government to
“demonstrate a compelling interest in the information sought . . .
[and] a sufficient connection between the information sought and the
grand jury investigation.”
Tattered Cover- warrant plus adversarial hearing, notice to provider,
showing of compelling need.

12. [I]t is an unsettling and un-American scenario to envision federal agents
nosing through the reading lists of law-abiding citizens...[I]f word were to
spread over the Net—and it would—that the FBI and the IRS had demanded
and received Amazon’s list of customers and their personal purchases, the
chilling effect on expressive e-commerce would frost keyboards across
America . . . well-founded or not, rumors of an Orwellian federal criminal
investigation into the reading habits of Amazon’s customers could frighten
countless potential customers into canceling planned online book purchases,
now and perhaps forever.
In re Grand Jury Subpoena to Amazon.com, 246 F.R.D. 570, 573 (W.D. Wis.
2007).

13. “Citizens are entitled to receive information and ideas
through books, films, and other expressive materials
anonymously. …The fear of government tracking and
censoring one's reading, listening, and viewing choices
chills the exercise of First Amendment rights."
Amazon v. Lay (2010)

14. Library Confidentiality in all 50
states

15. Libraries minimized collection and use and fought
disclosure - safeguarding reader privacy
ALA Policy Manual guides all librarians that:
“the freedom to read is essential to our democracy”
“protecting user privacy and confidentiality is necessary
for intellectual freedom and fundamental to the ethics
and practice of librarianship.”

16. 3) Growth of digital books and desired
monetization of reading habits
4) Companies not currently designing for
privacy
5) Lack of safeguards for reading privacy
not good for public or good for business.

17. Time is now for companies, policymakers,
and public interest groups to work together
to:
(1) develop robust protections related to information
collection/tracking, use/user control, disclosure, and
transparency/enforceability;
(2) proactively defend reader privacy;
(3) update and develop new laws- clear roadmap, build
customer trust, avoid expensive litigation- ECPA/state
book privacy law.

18. Thank you!
We’ll now take questions
ANGELA BOLE
Book Industry Study Group
angela@bisg.org
www.bisg.org
NICOLE OZER Digital Books Issue Paper
ACLU of Northern California http://www.dotrights.org/
nozer@aclunc.org digital-books-new-chapter-
www.dotrights.org
reader-privacy
BISG WEBCAST
© 2010, the Book Industry Study Group, Inc. 18
www.bisg.org