The Association of American Publisher's Professional/Scholarly Publishing Division, the American Association of University Presses, PEN American Center, and Arcade Publishing have filed litigation against the US Treasury's Office of Foreign Assets Controls (OFAC), in response to the latter's continued attempts to regulate publishing activities.
|
Previously, the OFAC ruled that publishing groups have to ask the government for permission to publish materials concerning persons in Cuba, Iran and Sudan, while maintaining restrictions on certain interactions with the governments, government officials, and people acting on behalf of the governments of Cuba, Iran and Sudan. The ruling threatened criminal and civil penalties if permission was not sought after.
However, the coalition of publishing groups maintained that these regulations threaten the rights of publishers, authors and the public protected under the US Constitution's First Amendment as the Freedom of the Press and Free Speech are protected rights. As far as publishers are concerned the source of the information is immaterial.
In response (December 2004), the OFAC adopted a new rule that aims to clarify the kinds of activities permitted under US sanctions regimes. The new rule enables US persons to freely engage in most ordinary publishing activities. OFAC Director, Robert Werner said, "Persons engaging in the activities authorized in the general licenses can do so without seeking permission from OFAC. This rule provides clarity and promotes important policies aimed at the free exchange of ideas without undermining the national security objectives of these country sanctions." The new ruling is not a complete reversal of OFAC's former policies. It bans Americans from developing and marketing software from embargoed countries, and it forbids Americans to collaborate on manuscripts with embargoed governments.
Although the revised regulations were broadly welcomed as "clearly a step in the right direction," according by Edward J Davis and Linda Steinman of Davis Wright Tremaine, counsel to the Association of American University Presses (AAUP), the Association of American Publishers Professional and Scholarly Publishing Division (AAP/PSP), PEN American Center (PEN), and Arcade Publishing, the plaintiffs in the case. The publishing groups have maintained their lawsuit (filed 27 September 2004) because the OFAC, by granting a general license, continues to assert that it can regulate informational materials. The plaintiffs argue that OFAC has no such authority.
The changes in requirements may have small impact on medical journals, such as the Journal of Vascular and Interventional, as there are few articles from dissident countries, however, many in the publishing fraternity view this as an issue of principal, i.e. that the government has authority to regulate publishing activities. In essence the fear is, 'that which they allow by regulation, they can take away by regulation'.
|
