The Association of Research Libraries Board of Directors has passed a resolution asking members to not sign publisher/vendor agreements that include nondisclosure or confidentiality clauses.
Here's an excerpt from the press release:
The Association of Research Libraries (ARL) Board of Directors voted in support of a resolution introduced by its Scholarly Communication Steering Committee to strongly encourage ARL member libraries to refrain from signing agreements with publishers or vendors, either individually or through consortia, that include nondisclosure or confidentiality clauses. In addition, the Board encourages ARL members to share upon request from other libraries information contained in these agreements (save for trade secrets or proprietary technical details) for licensing content, licensing software or other tools, and for digitization contracts with third-party vendors. . . .
The resolution was prepared in response to the concerns of membership that, as the amount of licensed content has increased, especially through packages of publications, nondisclosure or confidentiality clauses have had a negative impact on effective negotiations. The Scholarly Communication Steering Committee took the position that an open market will result in better licensing terms. In their discussions, the committee also noted the value of encouraging research projects and other efforts to gather information about the current market and licensing terms, such as an initiative being undertaken by Ted Bergstrom, University of California, Santa Barbara, Paul Courant, University of Michigan, and Preston McAfee, Cal Tech, to acquire information on bundled site-license contracts.