Patriot Games Libraries and the Patriot Act 2001 – 2004 Karen G. Schneider, California Library Association Intellectual Freedom Committee May, 2004

Patriot Act Timeline Mid to late 1990s: versions of the Patriot Act circulate Mid to late 1990s: versions of the Patriot Act circulate October, 2001: Patriot Act hustled through Congress October, 2001: Patriot Act hustled through Congress October 2, 2001: ALA, AALL, and ARL issue joint statement October 2, 2001: ALA, AALL, and ARL issue joint statement October 12, 2001: ACLU sends letter asking Congress not to vote for Patriot Act October 12, 2001: ACLU sends letter asking Congress not to vote for Patriot Act October 26, 2001: Patriot Act becomes law October 26, 2001: Patriot Act becomes law

Patriot Act Press Coverage First NYT citation First NYT citation citations since then 263 citations since then First NYT editorial (Frank Rich) First NYT editorial (Frank Rich) California Library Association newsletter article runs November 2001 (Mary Minow) California Library Association newsletter article runs November 2001 (Mary Minow) First American Libraries column (K.G. Schneider) First American Libraries column (K.G. Schneider)

The Usual Suspects: Our Team ALA, national and chapters ALA, national and chapters AALL, MLA, ARL AALL, MLA, ARL ACLU, EFF, CDT, etc. ACLU, EFF, CDT, etc. Local community groups Local community groups Booksellers Booksellers

The Usual Suspects: Their Team FBI FBI Current Administration Current Administration John Ashcroft John Ashcroft Anyone capitalizing on the “anti- terrorism” bandwagon Anyone capitalizing on the “anti- terrorism” bandwagon

National Library Response Immediate response from ALA Washington Office, prior to bill passage and since then Immediate response from ALA Washington Office, prior to bill passage and since then Strong resolution widely distributed Strong resolution widely distributed Aggressive coalition-building Aggressive coalition-building Forthright response to Ashcroft from ALA President Carla Hayden Forthright response to Ashcroft from ALA President Carla Hayden Videoconferences, programs, Web sites, etc. Videoconferences, programs, Web sites, etc.

California Responses State-level resolution State-level resolution Participate in developing national resolution Participate in developing national resolution Work with Southern California ACLU on Work with Southern California ACLU on Articles for CLA newsletter, Web site Articles for CLA newsletter, Web site Work with Northern California ACLU on ad campaign Work with Northern California ACLU on ad campaign Host visits from Bernie Sanders Host visits from Bernie Sanders Survey for Sac Bee article series Survey for Sac Bee article series Program at CLA Annual Program at CLA Annual Establish Zoia Horn Intellectual Freedom Award Establish Zoia Horn Intellectual Freedom Award

Sacramento Bee: “Liberty in the Balance” Survey Summary

CLA Survey: Other Highlights 91% of all respondents had downloaded information from 91% of all respondents had downloaded information from 78% of all respondents routinely shred paper documents such as sign-up sheets 78% of all respondents routinely shred paper documents such as sign-up sheets 73% routinely delete computer files 73% routinely delete computer files

Who has Expressed Concern About the Patriot Act? Library administrators: 57% Library administrators: 57% Library staff: 71% Library staff: 71% Library board members: 35% Library board members: 35% Library users: 42% Library users: 42% Library volunteers: 13% Library volunteers: 13% Local government officials: 21% Local government officials: 21% Local reporters: 25% Local reporters: 25%

FBI Interest in Libraries Libraries informally contacted: 5% Libraries informally contacted: 5% Libraries formally contacted: 4% Libraries formally contacted: 4% Libraries formally or informally contacted that did not comply with the FBI’s requests: somewhere between 80% - 150%* Libraries formally or informally contacted that did not comply with the FBI’s requests: somewhere between 80% - 150%* * Due to a bug in the survey software, respondents who said they hadn’t had visits were still able to answer the questions about whether or not they had complied.

Activities Recommended By Respondents Distributing bookmarks or flyers (49%) Distributing bookmarks or flyers (49%) Encouraging staff to discuss Patriot Act with users (37%) Encouraging staff to discuss Patriot Act with users (37%) Providing related Web sites (30%) Providing related Web sites (30%) Holding programs (30%) Holding programs (30%) Sharing information with boards or community meetings (30%) Sharing information with boards or community meetings (30%) Posting signs warning about Patriot act (40%) Posting signs warning about Patriot act (40%)

Tech-Oriented Responses Log-washing (coined by Roy Tennant) Log-washing (coined by Roy Tennant) Preemptive exclusion (don’t keep what you don’t need) Preemptive exclusion (don’t keep what you don’t need) Technology audits Technology audits Communicate with tech people—they have our values even when they do not speak our language! Communicate with tech people—they have our values even when they do not speak our language!

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