Printer FriendlyStatement on the USA PATRIOT Act and Intellectual Freedom
The USA PATRIOT Act: Why Does It Matter to Libraries?
Libraries are key sources of information on all kinds of subjects and from all perspectives for their communities. Now as always in our history, reading is among our greatest freedoms. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth.
Libraries provide a place to exercise intellectual freedom: a free and open exchange of knowledge and information where individuals may exercise freedom of inquiry as well as a right to privacy in regards to information sought. Privacy is essential to the exercise of free speech, free thought, and free association; and, in a library, the subject of users' interests should not be examined or scrutinized by others.
The American Library Association considers that sections of the USA PATRIOT Act are a present danger to the constitutional rights and privacy rights of library users. Libraries do cooperate with law enforcement when presented with a lawful court order to obtain specific information about specific patrons. The library profession is concerned with provisions in the USA PATRIOT Act that go beyond the traditional methods of seeking information from libraries.
How is the library community responding to the anti-terror legislation (i.e., The USA PATRIOT Act)?
The American Library Association joined with the Association of Research Libraries and the Association of American Law Libraries in issuing a statement on the proposed anti-terrorism measures. It says that libraries do not monitor information sought or read by library users. To the extent that libraries "capture" usage information of computer logs, libraries comply with court orders for law enforcement.
The statement is also concerned that the legislation, which makes it easier to access business records, may in some cases apply to library circulation records. It recommends that legislators keep high standard for court order regarding release of library records.
[Quoted from American Library Association website: http://www.ala.org/ala/washoff/woissues/civilliberties/theusapatriotact/usapatriotact.cfm#recinfo]
Beneficial-Hodson Library Policy on Requests for Library Records, Materials, or Equipment
As an institutional member of the American Library Association, the Beneficial-Hodson Library endorses the ALA statements regarding cooperation with law enforcement authorities when requests for library records, materials, or equipment are accompanied by a court order or warrant.
It should be noted that the Beneficial-Hodson library maintains records that connect individual library user information to specific library materials only for as long as the materials are in circulation.