The PATRIOT Act and The PATRIOT Act and LibrariesLibraries

Abby A. GoodrumAbby A. Goodrum

April 15th, 2005April 15th, 2005

““As nightfall does not come at once, neither As nightfall does not come at once, neither does oppression. In both instances, there is a does oppression. In both instances, there is a twilight when everything remains seemingly twilight when everything remains seemingly unchanged. And it is in such twilight that we unchanged. And it is in such twilight that we all must be most aware of change in the air, all must be most aware of change in the air, however slight, lest we become unwitting however slight, lest we become unwitting

victims of the darkness.” victims of the darkness.”

Supreme Court Justice William O. Douglas.Supreme Court Justice William O. Douglas.

USA PATRIOT Act

Uniting and Strengthening America by Providing Appropriate Tools

Required to Intercept and Obstruct Terrorism Act of 2001

ALA Code of EthicsALA Code of Ethics

““The American Library Association Code of Ethics states The American Library Association Code of Ethics states the values to which we are committed, and embodies the the values to which we are committed, and embodies the ethical responsibilities of the profession in this changing ethical responsibilities of the profession in this changing information environment.”information environment.”

III. We protect each library user’s right to privacy and III. We protect each library user’s right to privacy and confidentiality with respect to information sought or confidentiality with respect to information sought or received and resources consulted, borrowed, received and resources consulted, borrowed, acquired or transmitted.acquired or transmitted.

ALA Policy onALA Policy onConfidentiality of Library RecordsConfidentiality of Library Records““The Council of the American Library Association The Council of the American Library Association strongly recommends that the responsible officers strongly recommends that the responsible officers of each library, cooperative system, and of each library, cooperative system, and consortium in the United States:consortium in the United States:

3. Resist the issuance of enforcement of any such 3. Resist the issuance of enforcement of any such process, order, or subpoena until such time as a process, order, or subpoena until such time as a proper showing of good cause has been made in a proper showing of good cause has been made in a court of competent jurisdiction.court of competent jurisdiction.

Birth of the Patriot ActBirth of the Patriot Act

342 pages long -- cobbled together hastily342 pages long -- cobbled together hastily signed into law on 26 October 2001 in signed into law on 26 October 2001 in

response to terrorist attacks of 11 response to terrorist attacks of 11 September 2001September 2001

Not reviewed by most who voted for itNot reviewed by most who voted for it Intended to alter provisions of the Foreign Intended to alter provisions of the Foreign

Intelligence Surveillance Act (FISA) to Intelligence Surveillance Act (FISA) to reduce restrictions on investigatory powersreduce restrictions on investigatory powers

Section 218 – FISA WarrantsSection 218 – FISA Warrants

Amends the Foreign Intelligence Security Amends the Foreign Intelligence Security Act (FISA) so that foreign intelligence or Act (FISA) so that foreign intelligence or terrorism need only be “a significant terrorism need only be “a significant purpose” of the investigation, rather than purpose” of the investigation, rather than “the purpose” for FISA court warrants.“the purpose” for FISA court warrants.

Section 505Section 505National Security LettersNational Security Letters

Authorizes the use of National Security Authorizes the use of National Security Letters (NSL)(administrative subpoenas) Letters (NSL)(administrative subpoenas) for personal recordsfor personal records

Probable cause not requiredProbable cause not required May be issued by FBI field officesMay be issued by FBI field offices Do not require ANY court oversightDo not require ANY court oversight

Sections 214 & 216Sections 214 & 216

Extend telephone monitoring laws to e-Extend telephone monitoring laws to e-mail, IP addresses, and URLsmail, IP addresses, and URLs

Authority provided by secret FISA court at Authority provided by secret FISA court at standards lower than probable causestandards lower than probable cause

Gag order appliesGag order applies

Section 215Section 215

Allows warrants for “any tangible thing” Allows warrants for “any tangible thing” including circulation records, computer including circulation records, computer hard drives, floppy discs, ILL records, etc. hard drives, floppy discs, ILL records, etc.

Authority provided by secret FISA court at Authority provided by secret FISA court at standards lower than probable causestandards lower than probable cause

Lets agent seize an entire database when Lets agent seize an entire database when investigating a single individualinvestigating a single individual

Gag order Gag order

Provisions Subject to SunsetProvisions Subject to Sunset

Section 224 calls for several sections to Section 224 calls for several sections to expire on 31 December 2005 unless expire on 31 December 2005 unless renewed by Congress including:renewed by Congress including:

Section 218Section 218Section 214Section 214Section 215Section 215

DOJ Response:DOJ Response:

““The number of times section The number of times section 215 has been used to date is 215 has been used to date is zero.”zero.”

CNN.com, September 17, 2003;CNN.com, September 17, 2003;

CBSNews.com, September, 18, 2003CBSNews.com, September, 18, 2003..

Last week’s Senate Judiciary meeting….Last week’s Senate Judiciary meeting….

GONZALES: “Let me repeat what I said earlier.This department and the government has nointerest in the library reading habits of ordinaryAmericans.  We do believe, however, that libraries should not become safe havens forpeople who are here in this country and do wantto do harm to other Americans.And we do have evidence of that happening, eventhough Section 215 has not been used inconnection with library records.  We do know thatThere have been examples of terrorists who areusing access to computers at libraries.”

ALA Study: BackgroundALA Study: Background

Prior StudiesPrior Studies SmallerSmaller Limited to public or academicLimited to public or academic Questions and responses somewhat limitedQuestions and responses somewhat limited

Importance of getting this type of dataImportance of getting this type of data

Research QuestionsResearch Questions

What impact, if any, have recent legislation and What impact, if any, have recent legislation and law enforcement practices had on general law enforcement practices had on general access to information, access to public access to information, access to public information, access to government information, information, access to government information, library record keeping, information security and library record keeping, information security and filtering in libraries, attitudes and behavioral filtering in libraries, attitudes and behavioral intentions of individuals in the user community, intentions of individuals in the user community, concerns for civil liberties, and relations of concerns for civil liberties, and relations of libraries with the law enforcement community?libraries with the law enforcement community?

Description of the StudyDescription of the Study Researchers from Syracuse, Waterloo and FloridaResearchers from Syracuse, Waterloo and Florida Pilot project last yearPilot project last year

developed and pre-tested questionsdeveloped and pre-tested questions obtained feedback from DOJ and ALA legalobtained feedback from DOJ and ALA legal

2 web-based surveys 2 web-based surveys Notification by mailNotification by mail

Unstructured interviewsUnstructured interviews Sample size and selectionSample size and selection

4,221 Academic libraries4,221 Academic libraries 1,536 Public libraries1,536 Public libraries

Public LibrariesPublic LibrariesFigure 1. U.S. Public Library Systems by Metropolitan Status and Population of Legal Service Area.*

Metropolitan Status**

URBAN SUBURBAN RURAL MISSING TOTAL

Population of Legal Service Area

<25,000 51 1,821 5,212 57 7,141

25,000-49,999 56 409 421 9 895

50,000-99,999 121 201 193 4 519

100,000-249,999 143 85 53 3 284

250,000-499,999 59 13 4 1 77

500,000-999,999 31 8 1 40

MILLION+ 16 1 1 18

TOTAL 477 2,538 5,884 75 8,974

* The numbers in this table are based on FY 2001 public library data, the latest available national figures (NCES,2003). The “missing” column indicates public library systems for which metropolitan status codes are notavailable/designated.** The actual metropolitan status designations provided in the NCES database (2003) uses the categories of CentralCity (Urban); Metropolitan Area, but not Central City (Suburban); and Not in a Metropolitan Area (Rural). The labelsof Urban, Suburban, and Rural are used to facilitate reading. The table uses the metropolitan status designation ofthe administrative entity; branches will differ for the approximately 16 percent of library systems with branches.

Academic LibrariesAcademic Libraries

There are approximately 3,200 institutions There are approximately 3,200 institutions of higher education, including community of higher education, including community colleges, four-year colleges, and colleges, four-year colleges, and universities. universities.

2004 NCES IPEDS file = 4,200 entries2004 NCES IPEDS file = 4,200 entries The study surveys all 4,200 institutionsThe study surveys all 4,200 institutions

ConcernsConcerns

““Individual responses to this survey will Individual responses to this survey will remain completely confidential. The data remain completely confidential. The data will only be discussed in aggregate form will only be discussed in aggregate form and no libraries that participate in this and no libraries that participate in this survey will be identified. The legal counsel survey will be identified. The legal counsel of the American Library Association has of the American Library Association has approved this survey, and the questions approved this survey, and the questions DO NOT ask you for any information that DO NOT ask you for any information that violates any government laws or violates any government laws or regulations in any way.”regulations in any way.”

Concerns continued…Concerns continued…

What if I’ve had no law enforcement What if I’ve had no law enforcement requests?requests?

What if I think the PATRIOT Act is a good What if I think the PATRIOT Act is a good thing?thing?

Progress to DateProgress to Date

Study has been running for 4 monthsStudy has been running for 4 months Responses from approximately 1,000 Responses from approximately 1,000

public and academic libraries so far….public and academic libraries so far…. Interviews began in February -- Interviews began in February --

approximately 50 completed so far…..approximately 50 completed so far….. We need your help!We need your help!

Every Voice Counts!Every Voice Counts!

Abby Goodrum:Abby Goodrum:

aagoodru@syr.eduaagoodru@syr.edu

agoodrum@watarts.uwaterloo.caagoodrum@watarts.uwaterloo.ca