What is the risk that library activities will be challenged through the GATS?
The actual threat of a GATS challenge is currently quite limited. First, the GATS only covers the provision of services in a commercial or competitive manner, and libraries tend to use commercial services rather that provide them (e.g. using the internet as opposed to becoming a formal Internet Service Provider). Among those services that libraries do provide, traditional “brick and mortar” library activities, as well as any services that are offered for free, would likely be exempted from the GATS under the “governmental authority” exclusion. Thus, GATS coverage extends only to those remaining library activities, which thus far appear to be limited in number, that are offered on a fee-for-service basis and compete directly with the private sector. Note that interaction with the private sector should not be mistaken for competition with it. A library negotiating prices with a commercial vendor does not constitute competition with that vendor, nor does providing access (particularly fre
