State Library Legislation Tracker: Where Digital Rights Are Being Defended
Library digital rights aren\'t determined by vendors or the ALA. They\'re determined by state legislatures. Some states are beginning to pass laws protecting library digital lending, data privacy, and vendor accountability. Other states are barely beginning the conversation. This tracker maps where the action is happening and what your library can do in your state.
Why State Legislation Matters
The federal landscape for library digital rights is stuck. The Authors Guild lawsuit against the Internet Archive is ongoing. Congress hasn't passed CDL protection legislation. Publishers control the narrative at the federal level.
But states can move faster. States can:
- Protect library patron data from vendor collection and misuse
- Mandate vendor transparency in licensing terms
- Establish library rights to practice Controlled Digital Lending
- Regulate conflicts of interest in public library procurement
- Fund open-source alternatives to proprietary vendor systems
- Require equitable pricing models across state libraries
A few states are doing this work. Most aren\'t. That\'s changing.
States Leading on Library Digital Rights
California
Library Patron Privacy Protection
Active legislationWhat it does: California has pursued legislation requiring public libraries to delete patron data regularly, limiting vendor access to library patron information, and mandating transparency about data practices.
Impact: Aims to prevent vendors from collecting library patron reading data without explicit consent, establishing strong state privacy protections for library patrons.
For libraries: Provides legal backing to demand vendors limit data collection and delete reading histories on your schedule.
New York
Library E-Book Access and Affordability
PendingWhat it does: New York has introduced legislation that would require publishers to make ebooks available to libraries at prices comparable to consumer pricing, establish reasonable simultaneous-user limits, and prohibit arbitrary licensing restrictions.
Impact: Would fundamentally reshape ebook vendor-library relationships by establishing pricing equity.
Status: Multiple years in committee. Publishers are actively lobbying against it.
Washington
Public Library Digital Lending Rights
Under discussionWhat it does: Washington advocates are pursuing legislation to establish library rights to practice Controlled Digital Lending, protect library data from vendor misuse, and mandate transparency in vendor licensing.
Impact: Could be among the first state laws explicitly protecting CDL rights.
Next step: Watch for introduction in upcoming legislative sessions.
Illinois
Library Data Transparency
Advocacy stageWhat's being proposed: Illinois advocates have pushed for legislation requiring vendors to disclose data practices to libraries and establish minimum patron privacy standards.
Challenges: Vendor lobbying and lack of library advocacy coordination have stalled progress.
For advocates: Model bill templates from other states are available. Consider pursuing introduction in upcoming sessions.
What States Are Tracking Library Digital Rights
States with Landmark Laws
- California: Patron privacy legislation
States with Pending Legislation
- New York: E-book access bill
- Washington: CDL rights bill (2026)
- Massachusetts: Data transparency bill
States with Active Advocacy
- Texas: Library coalitions tracking ebook pricing
- Florida: Vendor accountability efforts
- Minnesota: State library digital rights task force
States Without Action Yet
- The majority (40+ states)
- Early opportunity for advocacy
- Model legislation available from leading states
How Library Advocacy Is Changing Legislation
The California Success Pattern
California's patron privacy legislation advanced because:
- Libraries organized. California Library Association coordinated advocacy across public and academic libraries.
- They named the problem. Vendor data collection and patron privacy were explicitly tied to library autonomy issues.
- They had data. Libraries documented specific practices (OverDrive collecting patron reading data, vendors selling metrics to publishers) and presented this data to lawmakers.
- They built broad coalition. Privacy advocates, digital rights organizations, and open internet groups joined the effort.
- They persisted. The bill took multiple years and iterations. Persistence won.
What Your State Can Do
Short Term (Next 6 Months)
- Research current state library law. Check your state legislature's website for existing library-related bills and how they address digital rights.
- Connect with your state library association. Ask if they're tracking digital rights legislation.
- Document your library's vendor issues. Collect specific examples: pricing, data practices, licensing restrictions. This becomes legislative testimony.
- Identify sympathetic legislators. Find state representatives on library committees, consumer protection committees, or privacy committees.
Medium Term (Next 12 Months)
- Propose a bill. Work with your state library association to draft library digital rights legislation using California\'s patron privacy legislation, Connecticut\'s SB 3, or Washington's proposed CDL bill as templates.
- Build a coalition. Connect with privacy advocates, open internet organizations, and other state libraries.
- Testify or submit comments. When bills are proposed (even unrelated ones), submit testimony about how they affect libraries.
- Educate your legislators. Many state representatives don't understand library digital rights issues. Educational briefings matter.
Long Term (2+ Years)
- Pass library digital rights legislation. Your goal is to establish patron privacy protections, vendor transparency requirements, and/or CDL rights in state law.
- Implement and monitor. Once legislation passes, advocate for strong implementation and enforcement.
- Model for other states. Document what works. Share your success pattern with other states.
Model Legislation Available Now
- California: Best practice for patron privacy protection
- New York: Best practice for publisher pricing equity
- Connecticut (SB 3, 2023): Best practice for ebook licensing reform
- Washington (proposed): Best practice for CDL rights protection
Model bills are available from the ALA, library associations, and digital rights organizations. Use them to draft your state's version.
Questions to Ask Your State Legislators
- What state laws currently protect library patron privacy and data rights?
- Has your state considered digital library rights legislation?
- What vendor accountability mechanisms exist in state law?
- Are there proposed bills this session related to library digital access?
- Would you support legislation protecting library Controlled Digital Lending rights?
Resources for State Advocacy
Advocacy toolkit and model legislation available. Contact your state library association for guidance on bill drafting and legislative strategy.
Policy guidance on vendor regulation and library digital rights. Active in state advocacy coordination.
Policy statements on library digital rights and vendor relationships that can inform state legislation.
CDL advocacy and policy resources. Strong position on state-level protection for library lending rights.
Track Your State's Status
Step 1: Find your state in this tracker.
Step 2: Check if there are currently bills addressing library digital rights.
Step 3: If yes, join advocacy efforts. If no, consider proposing legislation using model bills from leading states.
Step 4: Report back what you learn. The more states coordinate, the stronger all advocacy becomes.
The Power of State Action
Federal change is slow. Vendor lobbying at the federal level is intense. But at the state level, organized libraries have won real protections. California proved this. New York is fighting for it. Washington is proposing it.
Your state can be next.