The USA PATRIOT Act An Overstatement of ALA Concerns?

October 26th, 2001 The United States Congress passes the U niting and S trengthening A merica by P roviding A ppropriate T ools R equired to I ntercept and O bstruct T errorism Act ;

better known as the

USA PATRIOT Act

Is the American Library Association manipulating their publications? When addressing the tracking of computer intrusion, the ALA states that the new law requires: “No time limit.” However, the PATRIOT act itself will only last four years from the date of signing. Also, USA PATRIOT Act is written to “sunset” hence end, its effectiveness and power in four years after its passing.

Is the American Library Association manipulating their publications? When addressing the tracking of computer intrusion, the ALA states that the new law requires: “No reporting requirement” The Act requires the Attorney General to fully inform and provide reports to select congressional committees, on a semiannual basis, of all requests for production of "tangible things,"(wire taps) and to indicate in his report the total number of applications made for court orders in the preceding six- month period and, of those, the number of applications that were granted, modified, or denied.

Is the American Library Association manipulating their publications? The ALA has criticized the new law by stating it increases the surveillance powers of law enforcement agencies and, the “for seizure of any records, which can include business records of any kind, such as library records “ However, the law excludes the investigation of US citizens due to the First Amendment

Is the American Library Association manipulating their publications? Amends more than 15 different statutes, including Electronic Communications Privacy Act of 1986 (ECPA) Electronic Communications Privacy Act of 1986 (ECPA) Computer Fraud and Abuse Act (CFAA) Computer Fraud and Abuse Act (CFAA) Foreign Intelligence Surveillance Act (FISA) Foreign Intelligence Surveillance Act (FISA) Family Education Rights and Privacy Act (FERPA) Family Education Rights and Privacy Act (FERPA) Federal wiretap laws Federal wiretap laws Immigrations laws Immigrations laws Money laundering laws Money laundering laws Each of these modifications were in the process of modification long before September 11. However, with the terrorist attacks on both the World Trade Center and the U.S. Pentagon, amendments were compiled, restructured, and expeditiously passed through congress in the form of the USA patriot Act.

Is the American Library Association manipulating their publications? The ALA recite incidents in the 1960s &70s when FBI agents asked Library staff about suspicious patrons seeking information on "sensitive but unclassified” data such as the National Technical Information Service (NTIS) which is a composition of data where information regarding vital United States resources such as power grids may be obtained. The ALA recite incidents in the 1960s &70s when FBI agents asked Library staff about suspicious patrons seeking information on "sensitive but unclassified” data such as the National Technical Information Service (NTIS) which is a composition of data where information regarding vital United States resources such as power grids may be obtained. The ALA is not mentioning to its members is that under the USA PATRIOT Act, the search warrant must to be authorized by a federal administrative official and only under certain conditions will that be granted. Also, there are a great number of passages in the act that differentiate the rights of citizens from the rights of those under a foreign power and hence foreign guidance.

Is the American Library Association manipulating their publications? ALA theorist criticize the FISA amendments by saying this is a violation of the Fourth Amendment, which requires that warrants must "particularly" describe the place to be searched and the persons or things to be seized. The concept of the Internet was only known to a few during the conception of the FISA. To quantify the magnitude of this, one may wish to know that there are usually several thousand Internet devices on a medium size college campus, and many times that amount in a small metropolitan city.

Is the American Library Association manipulating their publications? Occasionaly, a “gag order” may be delivered in conjunction with a search warrant to insure secrecy of a terrorist investigation. The Library society of course believes in the freedom of information and, the right to share that information. It seems that ALA would have its readers believe that none of that information will ever be revealed.

Is the American Library Association manipulating their publications? When the United Stated Attorney General’s office was questioned about the secrecy, Assistant Attorney General Daniel J. Bryant said that the information "is classified and will be provided…”. When the United Stated Attorney General’s office was questioned about the secrecy, Assistant Attorney General Daniel J. Bryant said that the information "is classified and will be provided…”. It may seem, that the ALA selectively fails to mention the Freedom of Information Act and its time limitations when discussing the USA PATRIOT Act. It may seem, that the ALA selectively fails to mention the Freedom of Information Act and its time limitations when discussing the USA PATRIOT Act.

Genuine Library Issues This is a critical time to remind staff that patron records are protected by law. Library staff does not have discretion to turn over records to anyone, including federal law enforcement, unless permitted by law. Library staff and volunteers must therefore be trained in what to do when confronted by lawenforcement. Before the time arises, each individual must know ahead of time to direct all law enforcement contacts to the Library director or Library legal consul. Some libraries, particularly in large institutions, already have policies and procedures in place. Others need to establish them now in consultation with their attorneys. After which it is the responsibility of the director to ensure that each staff member is completely aware of the policies and procedures. and procedures.

Genuine Library Issues The PATRIOT Act has shifted the balance in terms of when court orders (including those for patron records) may be obtained. The decisions to turn over records those for patron records) may be obtained. The decisions to turn over records are still made by the justice system and not by librarians. However, librarians are still made by the justice system and not by librarians. However, librarians do have discretion in the actual practice of creating and maintaining records in do have discretion in the actual practice of creating and maintaining records in the first place. Therefore, if a record is never created or kept, it can be the first place. Therefore, if a record is never created or kept, it can be requested by neither search warrant nor subpoena. By better understanding requested by neither search warrant nor subpoena. By better understanding the PATRIOT Act and knowing what to do if faced with an incident, librarians can the PATRIOT Act and knowing what to do if faced with an incident, librarians can be prepared to do what is appropriate and legal.