The Internet Archive, based in San Francisco, has been designated as a federal depository library, expanding its role in archiving government documents and providing public access to them, even as it faces significant legal challenges that could threaten its existence.
This designation was announced in a letter sent on Thursday by California Senator Alex Padilla to the Government Publishing Office, the agency responsible for overseeing the federal depository library program.
In his letter, Padilla praised the Internet Archive for its innovative digital approach, emphasizing that it is at the forefront of delivering modern online library services.
He stated, “The Archive’s digital-first approach makes it the perfect fit for a modern federal depository library, expanding access to federal government publications amid an increasingly digital landscape.”
Padilla described the Internet Archive as a transformative resource that has significantly reduced barriers to accessing information, allowing it to fulfill its mission of providing ‘Universal Access to All Knowledge.’
Under federal law, members of Congress can nominate up to two qualified libraries for federal depository status, and the selection of the Internet Archive reflects its evolution and contributions to the information landscape.
Brewster Kahle, the founder of the Internet Archive, expressed optimism about the new designation, stating that while the organization has always operated as a library, its federal depository status will enhance collaboration with other libraries in the network.
Kahle noted that the Internet Archive is primarily known for its digital accessibility, but this designation will facilitate the integration of various resource types and ultimately benefit the public.
“I think there is a great deal of excitement to have an organization such as the Internet Archive, which has physical collections of materials, but is really known mostly for being accessible as part of the internet,” he said, highlighting its role in enriching platforms like Wikipedia and strengthening the internet’s educational resources.
The Federal Depository Library Program has a long-standing history, established in 1813 to ensure that government documents remain accessible to the public. This program includes a variety of resources, such as maps, health studies, environmental reports, and congressional records.
These documents comprise millions of pages, which can often occupy extensive spaces in public libraries. For instance, the San Diego public library relinquished its federal depository status in 2020 due to the growing volume of unused and space-consuming documents.
Recognizing the challenges associated with physical document accessibility, the Government Publishing Office has been shifting towards a digital preservation model since 2016. This approach includes an online database of government records and increased efforts to digitize the Federal Depository Library Program’s holdings.
While many participating libraries have successfully adapted this digital strategy, the vast task of digitizing physical documents remains a considerable challenge—one in which the Internet Archive has acquired substantial expertise.
Over the years, the Internet Archive has worked closely with libraries and academic institutions to digitize their collections and make them available online.
Additionally, it launched Democracy’s Library in 2022, a free online repository of government research and publications. Kahle asserted that joining the Federal Depository Library Program aligns seamlessly with the objectives of Democracy’s Library.
He stated, “By being part of the program itself, it just gets us closer to the source of where the materials are coming from, so that it’s more reliably delivered to the Internet Archive, to then be made available to the patrons of the Internet Archive or partner libraries.”
However, it’s important to note that the Internet Archive faces grave legal challenges regarding its archival practices. The Open Library initiative has been embroiled in a prolonged legal battle after major publishers accused the organization of illegally distributing e-books by temporarily lifting waitlists in 2020.
An appeals court supported a federal court ruling against the Internet Archive last year, resulting in the organization removing over half a million titles from its platform since the onset of the lawsuit.
The Internet Archive is also currently facing lawsuits from prominent music labels, such as Sony Music Entertainment and Universal Music Group, concerning the preservation of 78 RPM records in its Great 78 Project. Although many of these records have become out of print, a portion of the digitized collection remains copyrighted, putting the Internet Archive at risk of significant financial penalties if the labels prevail in court.
Kahle highlighted the importance of libraries in the digital age, emphasizing the need for long-term access to materials as technology continues to advance. The ongoing copyright disputes have raised questions regarding the Internet Archive’s status as a library.
While the American Association of Publishers maintains that the Internet Archive is not a library and operates as a digital copyrighting business, there is considerable opposition to this viewpoint.
A coalition of hundreds of authors and a group of current and former university librarians have expressed their support for the Internet Archive, describing it as a vital modern cultural institution that has emerged in response to the technological revolution.
Though it remains uncertain if joining the Federal Depository Library Program will bolster the Internet Archive’s legal defenses, Kahle cautiousy noted that the designation does not alter the organization’s practices.
He reassured that government publications, such as environmental reports and congressional records, are not subject to copyright, allowing them to be digitized, archived, and shared seamlessly without legal complication.
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