Libraries Rally Against USA Patriot Act

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CMichael

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I know a few disagree with me but in this case the government investigating two of the hijackers wanted to investigate the hijacker's use of a library computer to communicate.

Sorry but a library is a public institution. If terror suspects are using the library to obtain information and communicate that information should be readily accessible to law enforcement.

This is from foxnews.com



Libraries Rally Against USA Patriot Act


Wednesday, May 07, 2003

PATERSON, N.J. — Librarians across the country are rising up against the USA Patriot Act (search), shredding records and making other attempts to thwart the legal framework in the war on terror.





Librarian Cindy Czesak is in the vanguard of the rebellion at the Paterson Public Library (search) in Paterson, N.J., a densely-populated Middle Eastern community.

"We're quiet rebels," she said.

Czesak, like hundreds of her fellow librarians around the country, says the Patriot Act makes what people read and borrow from libraries fair game in the name of tracking terrorists.

The Patriot Act, enacted in October 2001 in direct response to the Sept. 11 terrorist attacks that year, broadly expands the powers of federal law enforcement agencies investigating cases involving foreign intelligence and international terrorism.

The measure requires local governments to disclose personal information -- such as library records -- about certain people who may be connected to a terror investigation. FBI agents can obtain a warrant for library or bookstore records of anyone thought to be involved in a plot. Librarians then aren't allowed to discuss the investigation.

Powers to use wiretaps and label religious and political groups as terrorists also were expanded under the act.

Under one provision of the law, the secret court that administers the Foreign Intelligence Surveillance Act (search) can order businesses, including libraries, to hand over records for terrorism investigations.

The FBI came to Czesak after Sept. 11 looking for information on two of the hijackers who reportedly had used library computers. The library complied with the federal subpoenas, but Czesak and some of her colleagues are now leery of the act.

FBI agents also seized two computers from a Delray Beach, Fla., library because they thought some of the Sept. 11 hijackers used public computers there to communicate.

"The Patriot Act definitely scares me because we see it being carried to the nth degree," Czesak said.

Justice Department officials say the librarians are misreading the Patriot Act. They say it strengthens the government's ability to protect citizens from terrorists who live and operate among us.

"I think there is a fundamental misunderstanding caused by disinformation or misinformation that is out there in the American public," said Viet Dinh, assistant attorney general for legal policy.

Dinh insists library records are not open books for investigators.

"The suspicions that the FBI bases its investigation on is derived from credible investigative or intelligence sources," Dinh said.

Some provisions of the act -- including the one covering libraries -- expire at the end of 2005 and will have to be renewed by Congress.

In the meantime, however, some librarians aren't going out of their way to cooperate.

Across the country, citizen councils have been passing resolutions opposing what they consider to be the most infringing aspects of the law on people's civil liberties.

The Alameda County Library Advisory Commission in California recently approved a resolution supporting a bill spearheaded by Rep. Bernie Sanders, I-Vt., (search) that would protect library users' personal information and library records obtained through new government surveillance laws.

The Freedom to Read Protection Act of 2003 (search), introduced in March, would exempt bookstores and libraries from being subject to investigations without proper due process and court procedure.

Warrants currently issued through the FISA court would have to be held to a different standard. Sanders' bill would ensure proper evidence is presented when a warrant is requested as to why the library or bookstore should be searched.

"One of the cornerstones of our democracy is the right of Americans to criticize their government and to read printed materials without fear of government monitoring and intrusion," Sanders said in a statement.

The bill also addresses the gag orders put on librarians and booksellers when served a Patriot Act warrant and calls for increased accountability from the Justice Department on how other sections of the Patriot Act are implemented.

The bill has more than 75 co-sponsors and Sanders will soon push the House Judiciary Committee to tackle the measure.

"What we have seen so far in the few months since we've introduced this bill is really an unprecedented amount of grassroots support," said Sanders spokesman Joel Barkin.

Sanders' office has received numerous editorials from places such as Nashville, Tenn., Los Angeles and Bangor, Maine, in support of the bill.

The bill is backed by groups like the American Booksellers Foundation for Free Expression and the American Library Association.

"The Patriot Act gives federal authorities virtually unchecked authority to search our customers' records and raises concern that government is monitoring what people are reading," said ABFFE President Chris Finan. "The Freedom to Read Protection Act will restore faith in the confidentiality of these records without harming national security."

Some of California's Bay Area libraries have reportedly conducted privacy audits of their computer systems and files. Others keep fewer records now than they did before the law was enacted. Some even reportedly erase the caches on hard drives or regularly shred computer use sign-up sheets.

Libraries in Santa Cruz, Calif., posted signs warning patrons that the FBI may access the records of what books they borrow.

The Paterson Public Library in New Jersey is even getting rid of records like computer sign-up sheets.

"After that it's removed and destroyed … we bought a nice new shredder," Czesak said.

Librarians and other groups are also up-in-arms about what's being called "Patriot Act II."

The companion legislation, dubbed "Son of Patriot," reportedly has been drafted by Attorney General John Ashcroft's office, although no one will confirm that. The Center for Public Integrity obtained a draft of the proposal.

Among other things, the plan says the government would be allowed to obtain credit records and library records without a warrant.

"I think there's a lot of concern from both sides on this issue of the Patriot Act and how far reaching the Patriot Act is and with rumors a Patriot Act II bubbling around, I think people have paid special attention to this issue," Barkin said.

Fox News' Catherine Herridge and Liza Porteus contributed to this report.
 
ironies abound

And these are the same stalwart librarians who have no problem with hard-core pornography in open display at readily accessible terminals and common-use printers. The ALA doesn't care who sees what--except where "national security" is concerned. This is more than a little odd, in my opinion.
 
No librarians want you to look at porn in the library... But I see you don't care about the constitution and all these encroachments attacking every single amendment on the bill of rights.
 
No librarians want you to look at porn in the library... But I see you don't care about the constitution and all these encroachments attacking every single amendment on the bill of rights.

I don't seem to recall the passage in the Constitution that say that "people" can use library programs to look at porn and that terrorists have a right to privately use the library commuters to communicate.

Perhaps you could remind me please?
 
Mattd, if that was addressed to me, I am very concerned about encroachments on our Constitutional rights. My point was that the American Library Association's agenda is rather unlikely to be in sync with the vision of liberties enshrined on this forum and that what they defend is rather selective. You are talking about a very liberal crowd there. As for me, I personally feel that access to library information is warranted only when it serves a legitimate investigative purpose in a criminal action and that presumes all protective guidelines and procedures are followed.
 
"No librarians want you to look at porn in the library"

That may or may not be so but the reality is that people in libraries are being exposed to porn when they needn't be because of existing policies in some libraries that fail to properly screen adult material from those who might be offended by it. This is a lawsuit waiting to happen. This issue arose with the advent of the Internet and the belief of a vanguard in the ALA community that whatever is on the Web must be made available, unfiltered, to library patrons. This strikes me as an odd position in light of the fact that libraries are not charged with offering everything to everyone and that librarians are valued for their expertise in selecting collection material. You don't see Hustler in the magazine racks but for some reason the ALA finds itself defending the notion that the equivalent of Hustler is "okay" if available on the Web.
 
What libraries are concerned about regarding the USA PATRIOT Act is the possibility of government investigators searching through confidential records based on unconstitutional warrants. For example, the FBI can now say the magic word (“terrorismâ€) and get a search warrant to see if a suspect had checked out any books on guns.

What? You don’t think gun owners will eventually be branded as “terrorists†if the political winds don’t blow our way? The gun-control crowd is already starting to refer to our guns as “weapons of mass destruction.â€

Anyway, I’m glad someone is fighting this patently unconstitutional legislation.

~G. Fink
 
Then if the person wants anonymity perhaps he should by the books from a private source.

The library is a public institution.

And I can see if a terrorist suspect takes out the blue prints of the statute of liberty that can be of interest.

I would rather investigators find this information before the terror attack actually occurs.
 
Yes, libraries are public institutions. And that means that of all places, the 1st and 4th Amendments apply full force. If there is a reason to suspect someone of criminal activity, then the Constitution already gives the gov't a mechanism to obtain relevant information via a search warrant. Beyond that, libraries, along with homes, should be sancrosanct as far as governmental fishing expeditions are concerned.
 
I disagree. Governments are not private homes. And I don't think there should be a big threshold in getting information about a suspect's communication's on the library computer or the books that a suspect checked out.
 
Search warrants, yes. Constitutional protections, certainly.

My point was, you really think that many librarians are pro-gun? Do you see a lot of 2A supporters in the ACLU? Does the Pope pack?
 
Since when does anyone have the right to not be offended by something? A lot of things people do offend me, should i try to outlaw everything that does?

Just because something may not be specifically protected by the constitution, such as most forms of privacy. It does not mean we don't have a right to it. I personally don't want the government to have a record of everything I buy, check out, or look at. I don't think the federal government has the right to know what books i check out, at least without a warrant. Do they even have that power granted to them by the constitution? If they do have such a right, why not just "cut to the chase," and install tracking chips inside everyone. With microphones and video recorders that turn themselves on whenever you leave your home. It wouldn't make us any safer, but would everyone just feel better?
 
Some folks are content being willing slaves, as long as they get to ask for more comfortable shackles every four years.
 
Why don't you nazis already burn the books already. Anyone who says the words "for the children" deserves a bullet. Where are the parents? Filters do not work 100%, they don't even work 1% if you got someone who know as much about computers as me. Porn filters filter more than just porn. You child seeing a pair of tits will not damage your kid. What will damage your kid is you not being a good parent. If you agree to filtering porn, then you agree letting the government filtering anything.


http://www.a-human-right.com/RKBA/s_quills.jpg

no, but the first does only apply to presses. this is proved by the dmca, and the raids on alot of online hacker publications.
 
Am i the only one that thinks what i check out at the library is my buisiness and mine alone? How can a nation say that it supports freedom of ideas and speach when the records of what i read are freely available to the government? Sure the library is a public institution. That means its supported with my tax dollars. That DOES NOT mean that it is a RIGHTS FREE zone. Anyone remember the big deal in Arizona with the libraries attempting to ban CCW? It was argued that BECAUSE the library is public then it is a place that HAS to observe the rights of the people. It sets a dangerous precedent when we assume that the government has the right to do whatever it wants on "its property".
 
Public library. Public record. How one uses information is of more concern than than that they can get it. The government can look at what I read anytime they want. They cannot persecute me or anyone else because of what is being read. The line is the use of the information. Information used to observe what are believed to be terrorists does not present a problem.

I am open minded though. What is there in your choice of reading material that you have a problem with anyone knowing about and why? Not looking for war I am just curious!
 
to respond to path:

I study a lot of technology. I have patented information that almost can't be found anywhere. I am working on building a tesla turbine engine that runs off water. If anyone wants to know how it works PM me. Several have been built, sadly none have been mass produced. I also am working on several other projects, it is amazing what is out there, but not being used. The goverment has abused patent licenses for so much technology it is not even funny. With the patriot act they may be able to seal information in patents forever.

I am convinced the world would be a much better place if people could share information freely. That is impossible if people can keep track of what you know. I would love to be able to study things the goverment was forced to release to the public, and build them, without interference.

I gotta go, its too hot out to be wearing a tin foil hat. The men in black are here to see me, and some funny looking black helicopters just landed in my yard. :neener:

Back on topic, why does the goverment have the right to throw people in jail for reading a book? If we register books, it will lead to the confiscation of information.
 
CMichael: so.people who are poor and can't afford to buy every book they want to read don't get privacy protection....because they're poor?

Oh, and Power to the People, Fight the Man, and all that.
 
I am open minded though. What is there in your choice of reading material that you have a problem with anyone knowing about and why? Not looking for war I am just curious!
Lesssee. Two weeks ago, I picked up Ayn Rand's classic The Fountainhead. This week, I read Leon Lederman's The God Particle, several books about dyslexia, a book of writings by Thomas Jefferson, a Dilbert book, and an old Calvin & Hobbes collection. I also picked up a collection of poems by Robert W. Service, several books about WWII (including one titled D-Day, a beautifully visual book with lotsa happy-making pics of cool memorabilia and depressing pics of handsome young men about to die) and John Grisham's The Summons. Those all came from the public library.

Books that I read this week that didn't come from the public library included a re-read of Mas Ayoob's In the Gravest Extreme, a skim back through Atlas Shrugged, and my first read through the worst book Heinlein ever wrote, titled The Day After Tomorrow, which was truly awful. I also read segments of The Anarchist Cookbook (which I'm told is laughably inaccurate, though I wouldn't know) and perused several how-to books about model rocketry, home chemistry experiments, and building your own radio.

That's a random sampling of a fairly typical week, and doesn't include the couple dozen or so kids' books that I typically skim through before handing to the kids or the one we're reading aloud together (we're almost done with My Side of the Mountain). Ordinarily I'd have a couple of Christian books on the list, too, but didn't happen to grab one this week, unless you count my Bible. Most recently, I read James White's The Potter's Freedom and re-read Dorothy Sayers' excellent play The Man Born to Be King, but that wasn't this week and neither came from the library.

Ok, now you know. Why wouldn't I want the gov't able to peruse my reading lists at will?
  1. It's none of their business. As a law-abiding citizen of what used to be a free country, I have a right to expect them to leave me alone as long as I bother no one. They don't have any business snooping through my private life or private thoughts. None.
  2. A selective list of what I read in any given week could make me appear guilty of something. Kitchen-table chemistry? Maybe she's planning a terroristic chemical attack on the local grade school. Model rocketry? That's explosives, right? Ayn Rand's books? Good grief, the girl's an anarchist! Speaking of which, what about The Anarchist Cookbook? What does reading that tome say about me? ... Couple these typical but arguably subversive titles with my usual taste in theological classics, such as Calvin's Institutes and Pink's Sovereignty, and I certainly wouldn't want to try to explain it in a court of law or in the court of public opinion (remember those religious nuts with guns at Waco?)
  3. It's none of their business. The government snoops don't have any right to rummage through the stuff I've dumped into my skull to see what I've been thinking about or to check whether I know how to do something they don't want me doing.
  4. The contents of my mind belong to me. The contents of my inner library are mine to reveal or to hide as I see fit. What I choose to put into my head isn't the business of the guy next door and it doesn't belong to government snoops. It's mine.
  5. It could be downright embarrassing. ("Always read stuff that would make you look good if you die in the middle of it." -- PJ O'Rourke) Surely you've read junk that you wouldn't want your boss (or your wife) to catch you reading ... haven't you? :scrutiny:
  6. Did I mention it's none of their business? When the government nannies declare that they have a right to see what I am reading, they are saying that they have a right to discover -- and thus to dictate -- what I may read, learn, or know. This is a violation of my fundamental freedom as a human being to pursue happiness in any way I desire as long as I harm no one. If my pursuit of happiness includes learning how to blow stuff up, survive in the wild on my own, shoot human-shaped targets, or manufacture methamphetamines or fake IDs, so what? As long as I am harming no one, it is my right as a free citizen of this free country to read and to learn what I wish.

That's why.

pax

The delight of opening a new pursuit, or a new course of reading, imparts the vivacity and novelty of youth even to old age. -- Benjamin Disraeli
 
When i was in Junior High and Highschool the books that i checked out would have gotten me labeled as a potential "school shooter" in about 5 minutes. I went through a chemistry phase where i checked out a lot of books on Poisoning. Then through my firearms phase (still on that one too) where i checked out everything that i could find concerning guns in general. Then in highschool and in college i went on my big question-the-government-on-everything phase. Also during highschool i became fascinated with holocaust-revisionists. These are guys who honestly claim that the holocaust was a complete fabrication. Since both my grandfathers fought in WWII and the one on my mothers side actually helped in the LIBERATION of the concentration camps (with a photo album to prove it). I was curious as to just how these guys justified thier arguments so, i checked a few books written by neo-nazis with titles like "the great jewish conspiracy" "the holocaust was a lie".

Now, lets look at all of this out of context. I notice that ammoman has a KILLER price on 7.62x39. And i just got my tax return so ive got major cash to burn. So, i buy 5,000 rounds of the stuff all at once. Well this puts up some red flags at the ATF. They see that im buying the "terrorists-choice" of ammo so they check me out a little. As part of their routine check they examine my library records. WHOA NELLY we have books on bomb-making, assasinations, modern weaponry, anti-sematic literature, etc. Looks like its time for that no-knock warrent. THIS is why i object to this sort of crap.

I have always mantained that there is NO SUCH THING as "dangerous" knowledge. Just as there is no such thing as "dangerous" thought. If it becomes the governments buisiness what knowledge i choose to pursue then how long before it becomes the governments buisiness what i am THINKING as well? I do not want to see a day when INTENT to commit a crime can be inferred mearly by the literature that i choose to check out from the local library or from the searches i do on the internet. The argument of course would be "if it saves just one child then it will all be worth it." I for one have heard this too many times.

-CY
 
I believe the American Library Association is...

...basically a left-liberal organization and I usually disagree with their positions.

However, like the ACLU, sometimes they get it right.

I totally support their stand on the Patriot (so-called) Act.

Those who understand the history of the birth of this country (they don't teach much about that in GOVERNMENT schools, anymore) know that dangerous as the terrorist threat is, a far greater danger to our liberty is government itself.

The events of 9/11 were tailor-made for those in government who want to increase their power over us by curtailing our consitutional protections.

Those who think the American government is different than other governments need to re-study their history and bone-up on their psychology, too. The United States is still a bastion of liberty in the world, but we've already lost a terrible amount of our freedoms.

Our liberty is constantly attacked -- not protected -- by our government. That is simply the nature of the beast. We derive our liberty from the chains binding our government (was it Jefferson who said that?) -- NOT from the government!

The terrorist threat IS real. But investigative and police agencies can get the information they need by subpoena, legally -- and without taking another chunk out of our bill of rights.

What is needed is cooperation instead of rivalry between agencies and efficient methods in the gathering and use of the information they get. Of course, given the perverse incentives that prevail in government -- that will NEVER happen.

As enlightened as we've become, it's still a bad idea to hire the fox to guard the chickens.

It was Benjamin Franklin who said that those who would trade a little freedom for a little security deserve (and will have) neither.


Matis
 
QUOTE]My point was, you really think that many librarians are pro-gun? Do you see a lot of 2A supporters in the ACLU? Does the Pope pack?[/QUOTE]

I have a degree in library science. I previously worked in a library. I now work for a company that produces library management software.

On the other hand, I'm probably the only librarian that puts "44" in front of their name.
 
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