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The following presentation was delivered at Maine Library Association

The following presentation was delivered at Maine Library Association. Sept. 18, 2006 by Trina Magi, Library Associate Professor Bailey/Howe Library University of Vermont. ATTENTION!.

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The following presentation was delivered at Maine Library Association

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  1. The following presentation was delivered at Maine Library Association Sept. 18, 2006 by Trina Magi, Library Associate Professor Bailey/Howe Library University of Vermont

  2. ATTENTION! Due to provisions of theUSA PATRIOT Act, we are unableto tell you if your Internet activityor circulation records are being monitored by federal agents.

  3. USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

  4. How was the law passed? Bill introduced in HouseOct. 23, 2001  Considered and passed HouseOct. 23, 24, 2001  Considered and passed SenateOct. 25, 2001  Signed into lawOct. 26, 2001 Reauthorized March 9, 2006

  5. What else was going on?

  6. Section 215—Access to Business Records FBI “may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items). . .” FBI “shall specify that the records concerned are soughtfor an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.”

  7. FBI memo to field offices available athttp://www.aclu.org/patriot_foia/2003/FBImemo_102903.pdf

  8. FBI internal e-mail message available athttp://www.aclu.org/patriot_foia/2003/FBIemail_041403.pdf

  9. Reauthorization Changes Section 215 • Slightly more stringent standard to get order • May consult with attorney • May challenge “lawfulness” of order • May challenge gag order after one year • Sunsets Dec. 31, 2009

  10. Section 216—Pen Registers/Trap and Trace • Expands telephone monitoring laws to include Internet. • Libraries can be ordered to install monitoring devices on computers. • NOT limited to terrorism investigations. • Law enforcement—state or federal—certifies that “information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.”

  11. Reauthorization Changes • None • Does not sunset

  12. Section 505—Miscellaneous National Security Authorities • Expanded authority to use administrative subpoenas (no judicial review) to get records from financial institutions, credit agencies, telephone and communications services providers: • Demands can be issued by heads of FBI field offices • New standard for communication service provider records: “relevant to an authorized investigation to protect against international terrorism” • Old standard: “specific and articulable facts giving reason to believe” that communication facilities have been used in communication with someone engaging in international terrorism, spying, or who is a foreign power or its agent.

  13. Reauthorization Changes Section 505 • Exempts libraries not offering “electronic communication services” • May challenge request in U.S. District Court • New penalty of up to 5 years for violating gag order • Does not sunset

  14. Who cares?What’s the big deal? Fourth Amendment:“…no Warrants shall issue, but upon probable cause...” First Amendment:“Congress shall make no law...abridging the freedom of speech...” ALA Code of Ethics:“We protect each library user’s right to privacy and confidentiality...”

  15. What can your library do to protect patron confidentiality? • Conduct a privacy/confidentiality audit. • Adopt a confidentiality policy, educate your constituents, and hold firm. • Minimize creation of records. • Minimize storage of records. • Set up public computers to minimize information collected. • Pay attention to your service partners’ policies and practices.

  16. Russ Feingold: “Of course, there is no doubt that if we lived in a police state, it would be easier to catch terrorists. . . But that probably would not be a country in which we would want to live.”

  17. Resources • “The USA PATRIOT Act,” American Library Association:http://www.ala.org/ala/washoff/WOissues/civilliberties/theusapatriotact/usapatriotact.htm • “Privacy Toolkit,” American Library Association, Office for Intellectual Freedom:http://www.ala.org/ala/oif/iftoolkits/toolkitsprivacy/privacy.htm • “Safe and Free—USA PATRIOT Act,” American Civil Liberties Union: http://www.aclu.org/safefree/patriot/index.html • Bill of Rights Defense Committee (BORDC):http://www.bordc.org/

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