On October 25, 2001, Congress passed the “Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act” (USA PATRIOT Act.) This law broadly
expands the powers of federal law enforcement agencies investigating
cases involving foreign intelligence and international terrorism.
(cited from the ALA home page: http://www.ala.org/alaorg/oif/usapatriotact.html#usapatriotact
Why is this law important to the library community? There is
a fear that the Patriot Act will curtail Americans' civil rights.
This affects
the library community because users have always felt that whatever
research they did in a library or the material they checked-out
was always held in the strictest confidence. But after attending
the
satellite teleconference “Safeguarding Our Patrons’ Privacy:
What Every Librarian Needs to Know About the USA Patriot Act & Related
Anti –Terrorism Measures,” cosponsored by, American
Association of Law Libraries, American Library Association, Association
of Research
Libraries, Medical Library Association and Special Libraries Association,
I think that it is important for libraries to be aware of the recommendations
suggested in the broadcast. For example, in the handout there is
a section listed below which has useful information. Strong emphasis
was placed on training your library staff and knowing the policies
of your library.
The Library Respects the Privacy of all its Patrons
- Adopt the
confidentiality legislation of your state as Library Policy
- Establish
procedures for staff to follow if they are approached by an individual
- Law enforcement at any level of government
- Fellow staff member
- Patron concern
Create Relationships
- With law enforcement at all levels
- Other institutions to share
information
- With your professional library associations
- Have Policies & Procedures
in Place Before You are Visited
- Review all policies and procedures
- Make necessary amendments
now
- Brief your board of Trustees, city officials, general counsel,
senior management
- Orient staff in public service and IT functions
to library protocol
Many students work the circulation desk on weekends
and at night so it is especially important that all staff including
part-time employee have the information they need to react properly
in any given situation. If your institution/library has a policy (or
policies) for addressing issues related to law enforcement and
patron privacy, invite someone from the appropriate office to discuss this
policy
with the group. It may be the case there are both institutional
and library policies that are relevant. Make copies of the policies
available.
The following are web site addresses, taken from the teleconference
handout, which you may want to visit:
Association of Research Libraries. “The Search Seizure of Electronic
Information: The Law Before and After the USA PATRIOT Act” (.pdf
file) http://www.arl.org/info/frn/other/matrix.pdf
Center for Democracy and Technology. “Response to September
11, 2001, Terrorist Attack” http://www.cdt.org/security/010911response.shtml
Electronic Privacy Information Center (EPIC). “The Attorney
General’s Guidelines” http://www.epic.org/privacy/fbi/
NASULGC/AAU, “Post September 11 Resources for Universities” http://www.aau.edu/resources/resources.html
OMB Watch. “Homeland Security Act Resource Page” http://www.ombwatch.org/article/articleview/943/1/18
U.S. Department of Justice, Office of Legal Policy. “Attorney
General Guidelines Regarding Information Sharing Under the USA PATRIOT
Act” http://www.usdoj.gov/olp/
NewsLetter Articles: Neal, James. “Reaction to Terror: Gauging
the aftermath and the Impact of the USAPATRIOT Legislation. “College & Research
Libraries News (Forthcoming, Spring 2003)
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