The USA PATRIOT Act: in regards to our libraries

The USA PATRIOT Act

United & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. Signed into law by President Bush on Oct 26, 2001. a response to the terrorists attacks of September 11th to give law enforcement agencies broader powers to gather intelligence on suspected terrorists.

Section 215 of the Patriot Act

The library provision The FBI can seize any tangible thing
Electronic records and communications Patrons Personal Information

NSLs: National Security Letters

Means to avoid a judicial approval for a search warrant

The Fourth Amendment

"The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
the Fourth Amendment protects against the intrusion of privacy and what individuals wish to keep private.

Privacy Rights and Concerns

No Federal laws protect individuals privacy rights to their library records and activities. There are only state laws and statutes for this protection; they are neither consistent or infallible. The FBI does not need to have probable cause, only "reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation."

What to librarians think?

ALA Code of Ethics, Section 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."

What to librarians believe?

In the freedom of individuals to access information and read anything they desire. Individuals have the right to do so privately and confidentially. USA PATRIOT Act infringes on constitutional rights to privacy for library users.

How to deal with the Patriot Act

New York Library Association: "libraries should review internal record keeping procedures to ensure that records identifying library users are limited to those essential for library operation."

How to deal with the Patriot Act

Libraries must remember their role as the protector and guardian of their patrons privacy.
Personal information the library decides to keep may have unforeseen consequences that compromise the library's core principles.

Keys to patrons privacy

Properly react, manage, and know how to handle court orders. Limit personally identifiable patron information. Determine what information and records regarding patrons is essential to the library's operation. If certain records and information is not essential, then it should not be kept on file.