[CPProt.net] TERRORISM: Patriot Act debate sheds light on concerns over privacy at the library

[MSN CPPnet]

What cost to combat terrorism?

TERRORISM: Patriot Act debate sheds light on concerns over privacy at the
library

BY BOB KASARDA 
bkasarda at nwitimes.com 
219.462.5151

This story ran on nwitimes.com on Sunday, June 12, 2005 12:23 AM CDT
 
 
VALPARAISO | Westchester Public Library Director Phil Baugher said he cannot
reveal if federal investigators have requested information about patrons
under the powers of the U.S. Patriot Act.

Ana Grandfield, assistant director of the Lake County Public Library, is
also remaining mum, as are all law-abiding library officials across the
nation.

The U.S. Patriot Act prohibits library officials from mentioning anything
about these types of inquiries to patrons, library boards, local elected
officials, members of Congress or anyone short of an attorney, said Patrice
McDermott, deputy director of the Office of Government Relations for the
American Library Association.

The Chicago-based ALA, which is the oldest and largest library association
in the world, is working to restore more checks and balances when this
provision of the Patriot Act expires at the end of the year.

"Libraries want to do our bit for the fight against terrorism, but want to
do so within the Constitution," McDermott said.

U.S. Sen. Dick Lugar, R-Ind., who along with Sen. Evan Bayh, D-Ind., and
Sen. Dick Durbin, D-Ill., voted in favor of the Patriot Act just a month
after the Sept. 11, 2001, terrorist attacks, has not yet decided whether he
will again support the 14 provisions set to expire at the year's end, said
his press secretary Andy Fisher.

The senator is awaiting reports on whether the provisions have been useful
or harmful, necessary or counterproductive, Fisher said.

President Bush urged Congress this past week to make permanent the expiring
provisions of the Patriot Act, dismissing accusations the law has violated
civil liberties.

McDermott said there are some good elements in the Patriot Act. What
concerns her and the ALA is Section 215, which allows the FBI to meet behind
closed doors with a special court and obtain orders to go anywhere and
collect any tangible items without having to name the individual being
investigated.

These powers can be used not only to investigate a library patron's
borrowing history or Internet use, she said, but also to obtain records from
sites such as hospitals, bookstores and gun shops.

While at least several of the larger library systems throughout the area do
not retain lists of materials borrowed by patrons, Baugher said libraries
can be ordered under the Patriot Act to track materials borrowed and e-mails
sent or received on library computers.

Before the Patriot Act, investigators were required to not only name the
suspect, but also show there is reason to believe the person is a spy or
terrorist, McDermott said.

Proponents of the provision ask for evidence of abuse, but McDermott said
that cannot be done because the information is off limits. She finds that
troubling.

"As long as an opportunity is there for government to overstep and
overreach, at some point the temptation will become too great," she said.

The ALA is seeking a change by backing the proposed Security and Freedom
Enhancement Act in the Senate and the Security and Freedom Ensured Act in
the House.

The proposals would restore the FBI's obligation to be more specific as to
who they are investigating and why, as well as which documents they seek,
McDermott said.

U.S. Rep. Pete Visclosky, D-Ind., who opposed approval of the Patriot Act
along with Rep. Jesse Jackson Jr., D-Ill., is co-sponsoring the Freedom to
Read Protection Act, which would exempt bookstores and libraries from the
inquiries in question, said Justin Kitsch, Visclosky's director of
communications.

Lansing Public Library Executive Director William Babcock said he knows of a
few patrons who are very concerned about the Patriot Act's impact on
privacy.

The library has posted signs near its online public access computers warning
users that while the library does its best to protect the right to privacy,
records can be seized by agents of the federal government.

Both the Porter and Lake county library systems have adopted policies
guiding compliance with requests under the Patriot Act.

"The library will do its utmost to uphold the privacy and confidentiality of
patrons' free access to information," according to the Porter County policy
adopted April 16, 2003.

Staff members presented with a court order for information are instructed to
immediately contact a supervisor, who will confirm and photograph the
identification of the law enforcement official. Staff members are not to
interfere with a search and seizure, but are asked to keep record of all
legal requests and all costs incurred.

The Lake County policy instructs staff to cooperate with searches, but warns
that only the records identified in the warrant shall be viewed. Staff is
also warned about the gag order associated with the Patriot Act.

"Why be concerned?" the policy asks. "The right of an individual to read
what he or she chooses without the government's knowledge or interference is
a basic precept of any free and open society."


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