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Government Information Quarterly Contents

Government Information Quarterly

Volume 3, Number 1, 1986

CONTENTS

Discussion Forum: A New Discipline?
Harold C. Relyea ................................................. 1

Federal Restrictions on the Free Flow
of Academic Information and ideas
John Shattuck .................................................... 5

A New Look at the Constitution's Copyright Clause:
Copyright by Government Contractors is Unconstitutional
Harry N. Rosenfield ............................................... 31

The Delicate Balance: Reconciling Privacy Protection With the
Freedom of information Principle
John D. McCamus ................................................ 49

Freedom of Information and Canadian Crown Corporations
Andrew Hubbertz ................................................. 63

The President's Private Sector Survey on Cost Control:
An Opinion Essay on the Grace Commission Report
Robert M. Hayes.................................................... 73

Contributors ...................................................................... 83

Forthcoming ........................................................ 85

Reviews
David C. Heisser, Editor

A Comparative Guide to Classification Schemes
for Local Government Documents Collections
By Russell Castonguay
Reviewed by Patricia A. Hammond .................................. 87

Computer Applications in Ontario Government Libraries
Edited by Brian H. Morrison
Reviewed by Virginia Gillham ....................................... 88

Conference on Privacy: Initiatives for 1984
Edited by Rudy Wall
Reviewed by Brian Land ........................................... 89

Entrepreneurship, Productivity, and the Freedom of information
Act: Protecting Circumstantially Relevant Business Information
By William L. Casey, Jr., John E. Marthensen, and Laurence S. Moss
Reviewed by Leo McAulifee ........................................ 90

Federal Government Publications Catalog
Reviewed by Peter Hernon .......................................... 91

Government Printing Office's Depository Library Program

and

Depository Librarian's Views on GPO's Administration
of the Depository Library Program
Reviewed by Sharon Anderson ................................................... 94

The Government/Press Connection: Press Officers and Their Offices
By Stephen Hess
Reviewed by LeRoy C. Schwarzkopf ......................................................96

Guide for Occupational Exploration (2nd Edition)
Edited by Thomas Harrington and Arthur O'Shea
Reviewed by Roxanne Palmatier ............................................................. 97

Keeping America Uninformed: Government Secrecy in the 1980's
By Donna A. Demac

and

The Big Chill: How the Reagan Administration, Corporate America, and
Religious Conservatives Are Subverting Free Speech and the Public's
Right to Know
By Eve Pell
Reviewed by Robert A. Walter ......................................................... 99

Libraries and the Information Economy of California
Edited by Robert M. Hayes
Reviewed by Peter Hernon ...................................................................101

Policy Analysis and Management: A Bibliography
Compiled by Robert U. Goehlert and Fenton S. Martin
Reviewed by Terry Busson ................................................................ 103

Popular Names of U.S. Government Reports: A Catalog (4th Edition)
Compiled by Bernard A. Bernier, Jr. and Karen Wood
Reviewed by Valerie Florance ................................................................... 104

Privacy and Data Protection: An International Bibliography
By David H. Flaherty
Reviewed by Thomas B. Riley ......................................................................... 105

Provision of Federal Government Publications in Electronic Format to
Depository Libraries: Report of the Ad Hoc Committee on Depository
Library Access to Federal Automated Data Bases to the Joint Committee
on Printing, United States Congress
Reviewed by Sandra McAninch ..........................................................................108

Science As Intellectual Property: Who Controls Scientific Research?
By Dorothy Nelkin
Reviewed by Barbara Kile ................................................................................ 110

Federal Restrictions
on the Free Flow of
Academic Information and Ideas
JOHN SHATTUCK

The free flow of academic information and ideas is essential to the operation of universities in the United States. Recent actions by some agencies of the federal government threaten to erode academic freedom by imposing requirements of prepublication review on government sponsored university research, restricting the access of foreign scholars to U.S. classrooms and laboratories, authorizing the secret classification of research projects after the research has been undertaken, and limiting the dissemination of sensitive but unclassified research information through a system of export controls. These regulatory policies tend to inhibit scientific innovation and intellectual exchange, and should be reconsidered before they do serious damage to important national interests.

A New Look at the
Constitution's Copyright Clause:
Copyright by Government Contractors
is Unconstitutional
HARRY N. ROSENFIELD

Through a new interpretation Of the Copyright clause of the Constitution and the Application of the Ninth and Tenth Amendments, the author concludes that it is unconstitutional for (1) the Congress to authorize Federal agencies to permit copyright by Federal contractors on works they were commissioned by Federal contract to produce for compensation, and (2) the Copyright Office to register a copyright application from such a Federal contractor. There are two provisions in the Copyright Clause, the commonly cited one on promoting science and the arts, and the generally ignored permissible-means provision limiting copyright to providing incentive to authors to create works. The latter one is a threshold requirement for copyrightability. Since there is no constitutional authority to motivate an author by the Federal Government's permitting him to copyright a work he was commissioned under Federal contracts to produce for compensation, Schnapper v. Foley, was wrongly decided.

The Delicate Balance:
Reconciling Privacy Protection
With the Freedom of Information Principle
JOHN D. McCAMUS

Many of the major western democracies have enacted freedom of information legislation in recent years. The author argues that these legislative schemes have not yet successfully resolved the tension between the desire for greater openness which these schemes manifest and a concern to protect personal privacy. The author compares the approaches taken in federal legislation in Canada and the U.S. and concludes that the former scheme permits undue sensitivity to privacy protection concerns to undermine the access scheme. The author concludes, however, that the American 'balancing test," though preferable, could be much improved by the adoption of more specific criteria for achieving an appropriate balance, a number of which are articulated in this article.

Freedom of Information
and Canadian Crown Corporations
ANDREW HUBBERTZ

The Crown corporation is a prominent institution in Canadian government. The most important Crown corporations are, however, exempted from Canada's Access to Information Act. This article briefly describes the history and present importance of Crown corporations, and then analyzes their exemption from the Act. The total exemption of Crown corporations from the Act is found to contradict the traditional notion of ministerial responsibility. It also subordinates public access to information regard- ing such issues as public safety and environmental impact to the economic interests of the corporation. The article concludes with a review of more recent developments, including the revised Financial Administration Act, which determines how Crown corporations report to Parliament.

The President's Private Sector Survey
on Cost Control:
An Opinion Essay on
the Grace Commission Report
ROBERT M. HAYES

The President's Private Sector Survey on Cost Control (The Grace Commission Report) identified and suggested "remedies for waste and abuse in the Federal Government," in an effort to get the Government "off the backs" of the American people. This article assesses the Report as a political document, a research study, and a proposal for increased efficiencies in Government operations. The author concludes that equating politics with strategies for improved efficiency in Govern- ment is little more than a "con game." J. Peter Grace's response appears in the next issue.

Contributors

Robert M. Hayes is Dean, Graduate School of Library and Information Science, University of California, Los Angeles. He received his baccalaureate, master's, and Ph.D. degrees from the University of California, Los Angeles, in mathematics. He is active both in professional associations and as an author. Examples of his writings include Information Storage and Retrieval: Tools, Elements, Theories (1963), Hand- book of Data Processing for Libraries (1970 and 1975), and Universities, Information Technology, and Academic Libraries (1985).

Andrew Hubbertz received a B.A. from the University of San Francisco and a M.L.S. from the University of California, Berkeley.

John D. McCamus has served as the Dean of the Osgoode Hall Law School, York University, since July 1982. He was the Director of Research of the Ontario Commission of Freedom of Information and Individual Privacy. He has written extensively and is often in demand as a conference speaker on the subject of access to information and privacy. He is the editor of Freedom of Information, Canadian Perspectives (Butter- worths, 1981).

Harold C. Relyea is a Specialist in American National Government with the Con- gressional Research Service, the Library of Congress. His professional writings have appeared in various scholarly journals as well as congressional literature. His books include The Presidency and Information Policy, (1981) and Freedom of Information Trends in the Information Age (1983).

Harry N. Rosenfield is currently in private practice. He received his B.A. degree from the City College of New York, LLB from Columbia Law School, and J.S.D. from New York University Law School. He has held top positions in the Federal government and New York City government, and has been a United States Delegate, United Nations Economic and Social Council. Mr. Rosenfield has been a trustee for the Copyright Society of the U.S.A. and Counsel for the Ad Hoc Committee on Educational Copyright. He has authored Immigration Law and Procedure and Liability for School Accidents. He has also contributed to various journals.

John Shattuck is Vice President of Harvard University. He received a B.A. from Yale College (Phi Betta Kappa and magna cum laude), M.A. from Cambridge University, and an LL.B. from The Yale Law School. A former national staff counsel and legislative director of the American Civil Liberties Union, Mr. Shattuck has taught at the Woodrow Wilson School of Politics at Princeton University, and has published many articlesRights of on civil liberties and constitutional law issues. He is the author of Rights of Privacy (1977), and a contributor to Endangered Rights (1984), Constitutional Govern- ment in America (1980), and Government Secrecy in America (1975).