Legal Affairs

The Internet Archive Now Claims that Libraries may Legally Scan, Digitize, and Republish Books from 1923 to 1941

For many years, genealogists have believed that all books published in the U.S. prior to 1923 are now public domain, meaning those books can legally be copied and sold. Anything published in 1923 or later might be under copyright. The keyword here is “might.” The subject became a bit complicated starting in 1923. I wrote about that in an earlier Plus Edition article that is still available at: http://eogn.com/wp/?p=41410. (A Plus Edition user name and password is required in order to read that article.)

Now the folks at the highly-respected Internet Archive have made a claim that Section 108h of the U.S. Copyright laws are even less restrictive, at least for libraries. That may not be the same as for private individuals, however. Here is a brief quote from the statement:

Make Your Voice Heard Regarding the Proposed Restrictions on Access to New York City’s Birth and Death Records

Genealogists’ access to public domain records is still being threatened in many locations. One of the biggest threats these days is New York City. However, you can make your voice heard.

The following was written by D. Joshua Taylor, President of the New York Genealogical and Biographical Society:

Dear Friends,

As promised, the NYG&B has launched a landing page outlining steps everyone can take in making our voices heard regarding the proposed restrictions on access to New York City’s birth and death records.

The page can be found at: https://www.newyorkfamilyhistory.org/nyc-vital-records-access and allows visitors to do the following:

Will Postal Carriers Act as Census Enumerators for the 2020 US Census?

The U.S. Constitution requires a census of all residents every ten years. However, the effort for the 2020 Census is in turmoil. (See http://bit.ly/2uAbHl7 and http://bit.ly/2xiqlCb for two of my recent articles describing the chaos.) In the last two or three collections of census data, the time required to plan the census, hire the right people, and to train them required 3 or 4 years of advance planning. Unfortunately, there is only 2 years and a few months left until the next scheduled census. This creates a big question: how to plan, hire, and train the enumerators (people who take the census) in this short time?

Now the Census Bureau has a new suggestion: use Postal Service employees to perform the census.

A notice in the Federal Register asks for comments about the proposal, even though little information is given about the proposal.

New York City Department of Health Proposes Adoption of 125 Years for Birth Records 50 Years for Death Records Embargoes

Here is another attempt to lock up records for many year, records that legally are in the public domain. The following announcement was written by the New York City Department of Health:

The New York City Department of Health and Mental Hygiene is proposing a schedule of when the Board of Health can make birth and death records available and transfer then to the NYC Department of Records and Information Services (DORIS). The Municipal Archives is within DORIS. The proposal is to place embargo periods for birth records for 125 years from date of birth and 75 years from date of death. This is similar to the 2011 Model Vital Records Act which imposes a 125 year embargo on birth records, 75 years for death, and 100 years for marriage records. The proposal is also asking for input for a 50 year vs 75 year embargo for death for those involved with family history. In New York City marriage records are under the City Clerk’s Office, not the Department of Health, and therefore marriage records are not included in this New York City Department of Health proposal.

Records currently at DORIS (birth records up to 1909 and death records to 1949) are not affected by the proposed rule.

Tensions Flare Between Descendants, Landowners over Access to Family Cemetery in Tennessee

The families of the Bell Town Cemetery have been denied access to their loved ones’ graves by an adjacent property owner.

The small plot of land in Cheatham County known as Bell Town Cemetery has more than 30 graves, including two World War I veterans, three World War II veterans and five generations of Joyce family members.

The cemetery has been used by African-Americans since the emancipation. But, recently, the peace has been disturbed. The families of the deceased can no longer access the burial ground. Tension has escalated to the point where sheriffs have provided escort to older family members wanting to visit graves of parents, grandparents and siblings.

Act Now to Save the 2020 Census

An article by Diane W. Schanzenbach and Michael R. Strain in the Bloomberg News web site describes the risk of the 2020 US census not being taken, as required by the Constitution. The article blames “Bad budget planning and a lack of leadership threaten the most basic mission of government” as the primary cause of the problems.

The article also states, ““You may have missed the news that the head of the Census Bureau, John Thompson, resigned a few months ago. In normal circumstances, the departure of a government statistician would not be worth highlighting. But Thompson’s departure adds to the growing uncertainty surrounding the success of the 2020 decennial census. About that, you should worry.”

Proposed Electronic Communications Privacy Act (ECPA) has been Released

If passed, this is very good news for all Americans, including genealogists, librarians, social scientists, and others. As stated by James G. Neal, President of the American Library Association:

“No freedoms are more vital, and important to librarians, than those of inquiry and speech. Without real privacy, Americans effectively have neither. Current law that allows our government to get and view the full content of our most private electronic communications without a search warrant isn’t just outdated, it’s dangerous in a democracy. ALA strongly supports the bipartisan Leahy/Lee “ECPA Modernization Act” to finally and fully bring the Electronic Communications Privacy Act – and with it our fundamental rights to privacy, inquiry and speech – into the modern era.”

James G. Neal specifically mentions libraries, but his comments apply to all American citizens. If I might change one word in his statement, “No freedoms are more vital, and important to [all Americans], than those of inquiry and speech. Without real privacy, Americans effectively have neither.”

Time to Support the National Archives and Library of Congress

The following is a brief extract from the blog of the Records Preservation and Access Committee:

“On May 22, 2017, President Trump released more details about his proposed Fiscal Year 2018 budget. Overall there were cuts to many of the programs that genealogists regularly use. The National Archives and Records Administration (NARA) is targeted for a $16.6 million reduction in addition to the elimination of the National Historical Publications and Records Commission (NHPRC), an archival grant making arm of the National Archives which provides local and state funding in the preservation of essential historical materials making them more accessible to the public.”

If you use any of the resources of the U.S. National Archives and Records Administration or of the Library of Congress, you need to read the full article at: http://bit.ly/2sQnslT!

Painter Salvador Dali’s body to be Exhumed for Paternity Suit

Salvador Dalí

A judge in Madrid has ordered the exhumation of the body of Spanish artist Salvador Dalí to get DNA samples for a paternity suit. A Spanish woman, born in 1956, said her mother, a maid, had a clandestine affair with the painter in 1955. The judge said there were no biological remains or personal objects of the artist to be used in the test. He died in Spain in 1989 at the age of 85.

The Dalí Foundation, which manages the artist’s estate, says it will appeal.

Reclaim The Records Wins Another Freedom of Information Law (FOIL) Request: New York State Department of Health Concedes the New York State Death Index is to become Available to the Public under Open Records Laws

I often write about bad news in which legislators and bureaucrats keep blocking genealogists from accessing records that legally qualify as public domain. Therefore, it is great to report another victory from Reclaim The Records!

An announcement from Reclaim The Records states:

“After seventeen months of work, we have now forced the New York State Department of Health to concede that this data is, and should be, available to the public under open records laws. We secured the first ever public copies of this important state death index, which the Department of Health has digitized for us, scanned from the original vault copies. They are high-resolution greyscale images, with the entire set comprising about 3/4 of a terabyte of data on a portable hard drive. (That’s a lot of dead people.)

Can Ancestry.com Claim Ownership of Your DNA Data?

A controversial article by a consumer protection attorney and former deputy attorney general of New Jersey has stirred up a hornet’s nest. Joel Winston published an article with the claim that the genealogy website Ancestry.com is “taking DNA ownership rights” from customers and their families. In other words, he says that Ancestry.com claims to own their customers’ personal DNA data.

Strong words, indeed. In fact, Mr. Winston’s assertions seem to be a bit far fetched.

Ancestry.com responded on the company’s DNA blog. Without mentioning Attorney Winston by name, Ancestry.com’s Chief Privacy Officer Eric Heath called Winston’s post “inflammatory and inaccurate.” Heath emphasized that Ancestry.com never takes ownership of customers’ DNA. Instead, the customers license the information to Ancestry DNA but the customers always retain ownership.

Finding Lisa: A Real-Life Murder/Mystery/Genealogy Story

A fascinating story by Shelley Murphy, published in the Boston Globe, seems to b almost too strange to be true. Sadly, it is not only true, but pieces of the whole story are still missing. Dozens of law enforcement officers around the country, social workers, investigators from the National Center for Missing and Exploited Children, genealogists, and others have worked together to find as much information about a serial killer as possible. There may be even more information waiting to be found. Law enforcement officials feel there may be even more victims than are known so far.

A man of many aliases seems to have murdered a number of wives, girlfriends, and children. At various times, he lived in New Hamshire, Texas, California, Idaho, and probably in other states as well.

Genealogists became involved when there was a need to identify the ancestry of one little girl who was abandoned, but not murdered, by the serial killer. Working with DNA and with public records, the volunteers spent thousands of hours building her family tree of some 19,000 people, just on her maternal side. The list of people who descended from just one ancestor, the one with 18 children, filled a line of letter-size sheets that, taped together, extended 11 feet.

Genealogist Who Helps Heirs Obtain Fortunes in Estate Cases Accused of Using Forged Documents

Every year, millions of people die worldwide without making a will (called dying intestate), often leaving substantial cash and property estates which, if not claimed, goes to the state. Worth billions, this provides vast income opportunities for genealogists who trace missing beneficiaries to these valuable estates.

Heir tracing is the business of seeking living descendant relatives who often have lost touch with their distant kin and, in most cases, have no idea of their family link. Many professional genealogists also are heir hunters, also known as probate researchers. Heir hunters are the ones who start with the information of a wealthy deceased person and then find the previously-unknown relatives who stand to inherit the estate.

In return, the heir hunter charges a percentage of the inherited wealth, typically 30%, 40%, or more. For some, heir hunting has turned out to be a lucrative business, paying much, much more than traditional genealogy research. Vadim Tevelev is one such heir hunter.

U.S. Census Bureau Director John H. Thompson Resigns Unexpectedly

In a move that may have a major impact on the 2020 U.S. census, U.S. Census Bureau director John H. Thompson has resigned. The resignation apparently was not expected. Government watchers and policy experts are worried that Thompson’s departure on June 30 could bode poorly for the 2020 Census.

Thompson did not offer any explanation of why he resigned suddenly. However, speculation is a popular sport in the District of Columbia and several so-called experts have offered guesses as to the reasoning. You can read some of the guesses in an article in the Digg web site at: http://digg.com/2017/census-director-resigns.

Iowa is Issuing new Birth Certificates

The Iowa Department of Public Health says parents whose children were born between May 1993 and October 2009 should exchange their child’s birth certificate for a new one. Children born between those dates were issued a wallet-sized certificate. The cards do not have enough information to be used as identification. The wallet-sized certificates, in some cases, lack information that federal or state agencies need for you to prove your identity

More than 630,000 birth certificates in Iowa need to be exchanged.

Details may be found on the KCCI website at: https://goo.gl/eQL2WW.

Death Master File (also known as the Social Security Death Index) — How Did The Congress Get So Far Off Track?

Writing in the RPAC Blog, Fred Moss points out an excellent example of Congress taking a valuable tool and totally messing it up. As a result of legislative ineptitude, a tool previously used to REDUCE identity theft has now been mis-labeled as a frequent CAUSE of identity theft. Genealogists, historians, and average citizens all suffer as a result.

You might want to read Fred’s article in the RPAC Blog at http://www.fgs.org/rpac/2017/02/21/dmf-how-did-the-congress-get-so-far-off-track.

I suggest printing Fred’s article out and mailing it to your elected representatives. (I have read that most legislators don’t read email from constituents as most legislators receive too many email messages to manage. Old-fashioned paper and “snail mail” reportedly works better.)

Funding for new Indiana State Archives in Jeopardy

According to an article in the Indiana Genealogical Society Blog:

“Planning for the new Indiana State Archives building in Indianapolis (which the Indiana General Assembly approved $25 million for in spring 2015) has been at a standstill for the last few months. Recently a deal fell through to pay for it by selling the state’s cell-phone towers. Your help is now needed to ensure that it gets fully funded.

Orasure Settles Lawsuit with Ancestry.Com over DNA Testing for $12.5 Million

Ancestry.com has agreed to pay OraSure Technologies Inc. and its Canadian subsidiary DNA Genotek $12.5 million to settle claims it stole patented DNA testing technology to produce its own saliva-based DNA test.

DNA Genotek sued Ancestry.com in May 2015, alleging the website stole its technology for collecting DNA via saliva samples and improved upon it for its own use in violation of the terms of an agreement between the two companies. The website offers to trace users’ ethnic background using their DNA.

New U.S. Budget Blueprint May Affect Genealogists

Madge Maril, Associate Editor of Family Tree Magazine, has written a brief article in the magazine’s blog that warns of the proposed loss of one of genealogy’s major tools: the free Chronicling America newspaper search website, used by many genealogists to find information about ancestors and other relatives in local newspapers.

The Chronicling America web site is a service of the National Endowment of the Humanities (NEH), an independent federal agency funding humanities programs in the United States. Madge Maril points out the new administration’s federal budget blueprint proposes elimination of the National Endowment for the Humanities. If that passes, the Chronicling America newspaper search website probably will go offline.

You can read Madge Maril’s article in the Family Tree Magazine Blog at: https://goo.gl/0b0Zlz.

Two Baby Boys are Twins, but an Italian Court Says They Aren’t Brothers

Try entering this into your genealogy database! Fifteen months ago in California, a surrogate mother gave birth to twin boys. The babies were the sons of a gay Italian couple who had used in vitro fertilization to have children. But when the two men returned to Milan with their newborns, a clerk at the registry office refused to transcribe the babies’ birth certificates, barring the men from registering the boys as their legal children.

Actually, that part isn’t news. After all, similar situations have occurred before. However, the Italian courts then issued a strange ruling: Despite being twins, the court said, the two boys aren’t brothers!