monopolies on currently accessible information that could be created by the database proposal and the potential these proposals pose to thwart the advancement of the Global Information Infrastructure (GII) as reasons to refrain from negotiating treaties with the current proposals.

According to the associations' letter to John Gibbons, assistant for science and technology to President Clinton, "The challenges to intellectual property law which such a proposal would facilitate are so sweeping that the U.S. delegation's support for the Draft Treaty [on Intellectual Property in Respect to Databases] should be withdrawn until a complete and thorough national discussion of the merits and/or drawbacks of any related intellectual property proposal are carefully debated and considered." The library associations also said that proposals relating to database protection received no domestic hearing before being presented to WIPO last May.

"Digital technology is crucial to the future of education and commerce," said Carol Henderson, Executive Director of the American Library Association's Washington Office, "It is critically important that we take the time to develop policies which will benefit both private and public sectors."

As drafted, the proposals would inhibit browsing on the World Wide Web; significantly increase exposure of online service providers--including libraries--to copyright infringement liability; restricting copying currently permitted by law and impose liability on manufacturers of lawful machines that can be used for illegal copying (e.g. personal computers and VCRs); potentially undermine the Fair Use doctrine and related exceptions created by Congress in support of education and library activities and undermine the long standing U.S. tradition of protect content, not facts.

"It is appropriate for the U.S. to actively participate in the WIPO discussions," said Duane Webster, Executive Director of the Association of Research Libraries, "but negotiating treaties on iss}V ~V ues on which there is no domestic consensus should be avoided, especially when the issues are so vital to the nation's cultural and economic future."

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Contributors:                                  Carol C. Henderson
                                                     Adam Eisgrau
                                                   Deirdre Herman

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