Transcript Document 7345141

USA PATRIOT Act
and
Libraries
Eric Johnson
&
Rodney Clare Jackman
Sims Memorial Library
USA PATRIOT Act
• Uniting and Strengthening America by
Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of
2001
Brief History
• Created in the wake of the September 11
terrorist attacks
• Signed into law on October 26, 2001
• Expands Foreign Intelligence Act (FISA) of
1978
Section 215
• ``(a)(1) The Director of the Federal Bureau of
Investigation or a designee of the Director (whose
rank shall be no lower than Assistant Special Agent
in Charge) may make an application for an order
requiring the production of any tangible things
(including books, records, papers, documents, and
other items) for an investigation to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution.”
Section 215
• Modifies and complicates the rules on records
searches
• Previously the government needed warrant and
probable cause to access private records
• Under section 215, FBI has extended powers to
conduct essentially warrantless records searches
• Accompanying gag order prevents disclosure of
the search to anyone
Impact on Libraries
• The Act nowhere contains the word
“library”
• However, several sections which diminish
constitutional protections can affect public,
academic, and business libraries
American Library Association
Library Code of Ethics
Article III
• We protect each library user’s right to
privacy and confidentiality with respect to
information sought or received and
resources consulted, borrowed, acquired or
transmitted
ALA’s Response to the USA
PATRIOT Act
• Article III of the Code of Ethics is in direct
conflict with the provisions of the Act
• Recently adopted resolution states that the
ALA “opposes any use of governmental
power to suppress the free and open
exchange of knowledge and information or
to intimidate individuals exercising free
inquiry”
Libraries’ Responses
• Placing signs notifying the public about the
USA PATRIOT Act
• Shredding patron documents that are not
essential to the operation of the library
• Putting policies and procedures in place and
educating the staff
Sims Memorial Library
• Types of records maintained:
–
–
–
–
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Circulation and reserve records
Interlibrary Loan request forms
Document delivery records
Reference search requests
Virtual reference logs
Sims Memorial Library
• Types of records maintained (cont’d):
–
–
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Acquisition reports
Cataloging priority requests
Student sign-in sheets and logs
Timekeeping records
Sims Memorial Library
• Records kept for varying amounts of time,
depending on library’s need
• Many electronic records do not link to
patron names
• In some instances, the Library is not the
only entity maintaining the records
Sims Memorial Library’s
Response
•
•
•
•
Creation of an official policy
Development of procedures
Training Library staff
Review of records retention
Draft Policy: Confidentiality of
Library Records
• The passage of the U.S.A. Patriot Act has raised
questions about state and local privacy laws and
confidentiality of library records. Sims Memorial
Library strongly upholds the confidentiality of
patron records and information, which shall not be
made available to any agency of local, state, or
federal government except by the Library Director
or his designee.
Library Draft Policy (Cont’d)
• Should any Library employee (faculty, staff, or
student) be approached by someone representing
himself to be an official of a local, state, or federal
law enforcement agency and requesting access to
individual or group patron records, manual or
electronic, of any kind, that individual should be
referred to the Library Director or his designee.
Library Draft Policy (Cont’d)
• Such records might include: circulation and
reserve records, ILL request forms, document
delivery records, reference search requests,
acquisitions requests, virtual reference logs,
cataloging priority requests, sign-in sheets,
timekeeping records, etc.
Library Draft Policy (Cont’d)
•The Director or designee will consult with the
Office of the Provost and/or the University
Counsel before releasing any information. If
the Director or his designee is not available to
deal with that official, the official should be
referred to the Office of the Provost or, in his
absence, the University Counsel.
Patriot Act II
• Department of Justice has drafted the
“Domestic Security Enhancement Act of
2003”
• Sections 128 and 129 will allow the
government to obtain private information
without approval from any court by creating
administrative subpoenas
Helpful Websites
• http://www.ALA.org
• http://www.llrx.com/features/usapatriotact.htm
• http://www.ACLU.org
Questions?