Information Outlook, Vol. 6, No. 10, October 2002
Safeguarding Our Patrons' Privacy By Doug Newcomb
One year ago, on October 26, 2001, the U.S. Patriot Act became law. The act was a direct response to the terrorist attacks of September 11 and the government's desire to monitor and deter future terrorist activities.
The Patriot Act allows law enforcement officials to gain access to information with a warrant instead of a subpoena. Under a subpoena, the library would have a specified amount of time to produce the information. With a search warrant, the FBI can begin searching records immediately.
News stories about the searches hit the papers in June. The searches, which have been going on for some time, are mainly targeting libraries in large urban areas.
Relaxed standards have resulted in expanded activity by the FBI in reviewing public library records of "suspected terrorists." It also made any librarian discussing theses probes or reviews subject to criminal charges. Where has this left many professionals in the information community?
To answer these questions SLA, the American Association of Law Libraries, the American Library Association, the Association of Research Libraries and the Medical Library Association have joined together to present a teleconference scheduled for December 11, 2002.
Summary of the Issues
The act, called the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act" (USA PATRIOT Act), broadened the surveillance capabilities of law enforcement. It contained new provisions governing criminal and foreign intelligence investigations and in so doing, affected state and local privacy laws. Since its passage, many libraries have seen an increase in law enforcement inquiries. Authorities have sought access to patron records, including electronic mail and other previously protected electronic communications.
On May 30, 2002, the Attorney General issued guidelines that expand the FBI's investigative powers. On July 16, President Bush announced a "National Strategy for Homeland Security." All of these measures have profound implications for libraries and their patrons' privacy.
· What do the PATRIOT Act, revised FBI Guidelines and other Homeland Security measures mean for all types of librarians and library patrons?
· How should librarians respond to requests from law enforcement for patron information?
· What policies and procedures should be implemented at libraries?
· What tools or resources are available to help librarians understand the changing landscape and respond with confidence to law enforcement requests?
This teleconference will provide libraries and their governing institutions with an analysis of the implications of the recent anti-terrorism measures. It will include identifying steps that institutions need to take to comply with proper search warrants, subpoenas and wiretap requests from law enforcement. Panelists will address the key legal issues and policy implications for libraries and the impact of any legislative and regulatory proposals on the privacy and First Amendment rights of library users.
As cultural and living symbols of the freedoms that Americans cherish, libraries will continue to strive for a balance between providing access to information for all, the privacy rights of users and the responsibility to cooperate with law enforcement agencies.
Panelists
Panelists for the teleconference include: Tracy Mitrano, policy advisor, director of Computer Law and Policy Office of the vice president for Information Technology Cornell University. James Neal, vice president and university librarian Columbia University Libraries. Gary Strong, director, Queens Borough Public Library, and Peter Swire, professor of law, Ohio State University
The targeted audience for this program is information specialists, including librarians, legal counsels, library administrators/executives, library governing board members, information technologists and state networks/consortia staff.
Before November 1, registration is $350 each for one to three sites. After November 1, registration is $400 each for one to three sites.
There is no limit to the number of participants at a site. Each registered site is allowed to make one videotape copy of the teleconference. On the registration form, we ask if you are willing to allow participants from outside your organization to attend the teleconference at your site. Interested individuals in your area may not have access to satellite downlink sites at their own institutions.
Full details and registration informationare located at: http://www.arl.org/patriot/. For more information, contact Doug Newcomb. Doug@sla.org.
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