Get started patriot act libguides at university of. Library of michigan the usa patriot act and library privacy. Apr 10, 20 because a request under the patriot act violates a patrons confidentiality and librarians may be gagged from notifying the patron he or she is under investigation, it was a major concern for our reference service. But its a great book in general too, because not a lot of people really grasp. The usa patriot act is a comprehensive piece of legislation that increases the power of the government and intelligence agencies to monitor and punish terrorists and suspected terrorist activity. Prior to the patriot act, these principles were articulated through existing laws, still on the books in 48 states and the district of columbia to protect the confidentiality of library records. In national security cases where use of the grand jury process was not appropriate, investigators previously had. I highly recommend it for anyone interested in politics, or the future of our nation. The title of the act is a contrived three letter initialism usa preceding a seven letter acronym patriot, which in combination stand for uniting and strengthening. Thanks to patrice mcdermott of the american library association, via anne reuland, we now have uptodate sidebyside comparison charts to explain the patriot act reauthorization bills impact on library records, at least as of today. The usa patriot act, the foreign intelligence surveillance. The library of michigan is diligently working with the american library association, its office of intellectual freedom and legal counsel to keep michigan libraries uptodate on any new developments or explanations concerning the usa patriot act. Jun 17, 20 the fbi has also used a separate patriot act provision, issuing what is known as a national security letter, to seek library patron records. Because a request under the patriot act violates a patrons confidentiality and librarians may be gagged from notifying the patron he or she is under investigation, it was a major concern for our reference service.
The department is a member of the fdlp content partnerships program and an affiliated archive. Shop all books by judge napolitano i have been writing for years about the dangers to human freedom that come from government mass surveillance. Look for more information in access and on the american library associations own website. See also board resolution on the usa patriot act and related measures that infringe on the rights of library users. The fbi has also used a separate patriot act provision, issuing what is known as a national security letter, to seek library patron records. The concern stemmed from the patriot act s section 215, which, in the case of a terrorism investigation, allows the fbi to ask a secret court to order production of any tangible things from a third party like a person or business. Discover librarianselected research resources on usa patriot act from the questia online library, including fulltext online books, academic journals, magazines. While this book is technically out of print, i still have about a thousand copies left, and there are two book vendors on the east coast that carry this title at the gun. Yes, and this is a dilemma for the north adams public library. A sunset of december 31, 2009, was established for section 215 of the usa patriot act. The full name of the legislation is the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism. The usa patriot act commonly known as the patriot act is an act of the united states congress that was signed into law by u. Congressional research service reports and was provided by unt libraries government documents department to unt digital library, a digital repository hosted by the unt libraries. Hr3162, known as the usa patriot act, became public law 10756 in response to the events of 91101.
The usa patriot act 2001 and library records, et al. The framework of the act was drafted by president george w. The legislation is broad and changes immigration laws, tightens controls on money laundering, and greatly expands the legal use of electronic surveillance. This book was a huge help to me in writing a paper about the patriot act in libraries. An undergraduate library subject guide providing suggested resources and other information for beginning research on the topic patriot act. Features the usa patriot act and patron privacy on. Uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001. Also working in our favor is the broad based, ideologically diverse patriot act reform coalition that already exists, including the aclu an excellent source of patriot act related information, the electronic frontier foundation, the cato institute, the liberty coalition, the american library association, the bill of rights defense. Usa patriot act and madison public library records. Another aclu attack on 215 uses the tactic of ignoring legal precedent. Hastily passed with no public hearings and signed by president george w. Connecticut four reunite against fbi overreach september 28, 2016.
Order code rs21441 updated july 6, 2005 crs report for congress. Opposition to usa patriot act is growing the american. That having been said, patriot act is a well written, gripping novel about the nearfuture shattering of a tyrannical regime ruling the united states. In the decade preceding the signing of the declaration of independence, the villains were the stamp act and the writs of assistance act. The united states was born in a defiant reaction to government surveillance. The attacks of september 11, 2001 marked a turning point in the tension between personal rights and governmental intrusion in the united s tates. The concern stemmed from the patriot acts section 215, which, in the case of a terrorism investigation, allows the fbi to ask a secret court to order production of any tangible things from a third party like a person or business.
The searches of some records kept by libraries and bookstores were authorized in an obscure provision of the usa patriot act, quietly approved by congress six weeks after sept. Just six weeks after the september 11 attacks, a panicked congress passed the usapatriot act, an overnight revision of the nations surveillance laws that vastly expanded the governments authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and. The usa patriot act is law, and the library will comply with it. How does the patriot act affect criminal investigations. See a lawyer the patriot act can vastly complicate a criminal case and even affect how the defendants attorney is allowed to represent the defendant. Section 215, which became known as the library records provision, not only allowed law enforcement agencies to secretly monitor electronic communications emanating from libraries, it also required librarians to turn over patron information if requested and even imposed a gag order on those forced to comply. Ever since that time there has been a gradual increase of governmental access to previously private information about citizens personal beha vior. The american library association was a signatory on the earliest coalitionled. To date, the gravity and scope of the acts implications for researchers of library services, resources, operations, and policies have not been discussed widely.
Prior to the patriot act, these principles were articulated through existing laws, still on the books in 48 states and the district of columbia to protect the. In 2005, an original section of the patriot act allowed the fbi to compel anyone they presented with a national security letter nsl to hand over detailed personal information, including library borrowing and internet search records, about any individual being investigated. Section 215 of the patriot act is commonly referred to as the library. The library must then provide the requested information to the requesting agency. Even before the patriot act passed, the american library association. Remember when the patriot act debate was all about library. The library follows the laws and library policies to control behavior that involves public safety or criminal behavior. She may even examine his local library records to see what books hes checked out woe to him if he reread lolita recently.
Usa patriot act, also called patriot act, in full uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001, u. While the results have been important, in passing the patriot act, congress. Below you will find suggested booksebooks and recommended databases. That federal law prohibits librarians from informing you if records about you have been obtained by federal agents. Under provisions of the act, the federal bureau of investigation fbi and law enforcement officials may seek court orders for library records for investigations. Below you will find suggested books ebooks and recommended databases. Libraries post patriot act warnings santa cruz branches. Bush in october 2001, that significantly expanded the search and surveillance powers of.
The patriot act allows investigators to use the tools that were already available to investigate organized crime and drug trafficking. Under the patriot act, if a federal or other law enforcement agent obtains a valid court order, the agent can go to a library and request an individual patrons library or internet record. According to section 215 of the usa patriot act, the fbi can request. Key senators have reached a deal with the white house that allays the civil liberties concerns of some critics of the law. The usa patriot act stands for the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001.
Usa patriot act1 is capitalized thus because it is an acronym for the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001. Although librarians and library administrators will find useful information about their responsibilities in regard to the provisions of the patriot act, the book is also an important resource for all individuals concerned about government surveillance techniques and concomitant responsibilities and personal freedom and privacy to use and. The law said this could include records, papers, documents, or books. Libraries and the usa patriot act creation information. The usa patriot act the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act usa patriot act became law on oct. The authors of the five books in the landmark legislation series take the reader behind the scenes to show the drama that led to each bill being passed and the effect each piece of legislation has had in the development of our country. In 1765, when the british government was looking for creative ways to tax the colonists, parliament enacted the stamp act. Snead, the usa patriot act, the foreign intelligence surveillance act, and information policy research in libraries. Mar 10, 2003 the signs, posted in the 10 county branches last week and on the library s web site, also inform the reader that the usa patriot act prohibits library workers from informing you if federal agents. The following points about the usa patriot act were presented by the american library association ala, office for intellectual freedom at the 2008 public library association conference. Two additional states have similar policies established by letters from their attorney generals. Libraries and the usa patriot act unt digital library.
May 31, 2016 many libraries posted signs like this, warning patrons about the usa patriot act. Analyzes all aspects of the usa patriot act directly affecting libraries and offers advice on what to do if your library is approached by law enforcement under authority of section 215 of the act. An fbi agent can get a warrant, without any evidence, in order to compel a librarian to reveal lending details on a suspect. Congress passed the usa patriot act in october and the president signed it into law the same month. The act broadly expands law enforcements surveillance and investigative powers, with sections 214216 applying to libraries and bookstores. The library will do its utmost to uphold the privacy and confidentiality of patrons free access to information. Order code rs21441 updated july 6, 2005 crs report for.
By publicly borrowing library books, patrons forfeit any constitutional protections they may have had in their reading habits. Information that law enforcement could access under the patriot act includes patron library records. The librarian cannot tell anyone about the search, including the target of the search, and the details of how many such searches are done are not made public. List of books and articles about usa patriot act online research. In october 2002, the vermont library association executive board approved the following letter regarding the usa patriot act public law 10756. While the usa patriot act has altered how certain types of federal intelligence investigations affect libraries, the act also greatly alters how researchers can study information policy issues related to libraries. If you need help, click the link for ask a librarian. Patriot act pdf version of us patriot act gives the fbi authority to seize any tangible thing including books, records, papers and documents from businesses or organizations in connection with an investigation to protect against international terrorism or. The program, which featured remarks by me, by the head of the local library, and by a ui law professor, drew a good crowd on a saturday afternoon, and planning is underway for a. The signs, posted in the 10 county branches last week and on the librarys web site, also inform the reader that the usa patriot act prohibits library workers from informing you. Remember when the patriot act debate was all about propublica. On november 3, abffe participated in a patriot act program organized by jim harris, the owner of prairie lights books in iowa city, the home of the university of iowa.
Jun 20, 2011 also working in our favor is the broad based, ideologically diverse patriot act reform coalition that already exists, including the aclu an excellent source of patriot act related information, the electronic frontier foundation, the cato institute, the liberty coalition, the american library association, the bill of rights defense. Surveillance under the usapatriot act american civil. Aclu addition agencies agents alqaeda aliens allowed altered american citizens andor attorney authority banks bill bombing bureau center civil liberties cointelpro congress counterterrorism crime criminal defense disclosure documents ecpa electronic communications electronic frontiers foundation electronic surveillance federal fisa fisa court. The patriot act allows law enforcement access to information that could assist in an investigation to protect against terrorism or foreign intelligence activities. One such episode prompted a successful court challenge. Usa patriot act and madison public library records see also board resolution on the usa patriot act and related measures that infringe on the rights of library users hr3162, known as the usa patriot act, became public law 10756 in response to the events of 91101. Many libraries posted signs like this, warning patrons about the usa patriot act. Confidentiality and the usa patriot act the seattle. Quaryon writes the patriot act apears to have some chilling effects with respect to libraries and booksellers. Issues, impacts, and questions for libraries and researchers, the library quarterly 74, no. In september 2007, a federal court ruled in the case of john doe new york that the entire national security letter provision of the patriot act was unconstitutional. The library does not maintain a history of what a borrower has previously checked out once books and materials are returned on time. In january of this year, the questionnaire was sent to all indiana public libraries to ascertain what impact the passage of the usa.
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