Libraries in Today's Democracy - April 2003

The Ithaca Journal
April 4, 2003
by Janet Steiner, Library Director

In the past year, libraries and librarians in the United States have been at the forefront of protecting your civil liberties. Two government initiatives impinge on our patrons' constitutionally protected right to free and open access to information, as well as the right to privacy and confidentiality when using the library.

In the first instance, the Children's Internet Protection Act, (CIPA) passed by Congress on December 21, 2000, required all public libraries to install software filters on public Internet access computers. The intent was to protect children from accessing sites that the software vendor deemed "inappropriate."

On May 31, 2002, a three-judge panel in the Eastern District of Pennsylvania ruled that the Children's Internet Protection Act (CIPA) is unconstitutional. As a result of the court's decision, public libraries are not required to install filters on their computers in order to receive federal funding from the Federal Communications Commission (FCC) and Library Services Technology Act (LSTA). [For more information, click here.]

The U.S. Department of Justice formally notified the Supreme Court on June 20th that it would appeal this unanimous ruling. The American Library Association will continue to battle against censorship as our case is heard before the Supreme Court.

No such filters have been installed at the Tompkins County Public Library. Children who wish to use the Internet must have a parental permission form on file. We strongly encourage parents to personally monitor their children's use of the Internet.

At the same time, libraries throughout the United States are facing new challenges as certain provisions of the USA Patriot Act, passed by Congress on October 25, 2000, limit our ability to protect your privacy as your use the public library. The Patriot Act:

• Allows an FBI agent to obtain a search warrant for "any tangible thing," which can include books, records, papers, floppy disks, data tapes, and computers with hard drives.
  
• Permits the FBI to compel production of library circulation records, Internet use records, and registration information stored in any medium.
  
• Does not require the agent to demonstrate "probable cause," the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime. Instead, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard.
  
• Prohibits libraries or librarians served with a search warrant issued under FISA rules to disclose, under of penalty of law, the existence of the warrant or the fact that records were produced as a result of the warrant. A patron cannot be told that his or her records were given to the FBI or that he or she is the subject of an FBI investigation.
  
• Overrides state library confidentiality laws protecting library records.

Given the gravity of our international situation, opposition to the USA Patriot Act must be done with deliberation and sensitivity. The TCPL Board of Trustees considered this issue and resolutely opposed these provisions of the USA Patriot Act. It joined the American Library Association and the New York Library Association in protesting these provisions that undermine the constitutionally guaranteed privacy of persons who are not under investigation for any crime.

We urge users of the library to learn about provisions of the Patriot Act that may affect the privacy of your records of your use of library materials, or your use of the Internet at library terminals. Information is available at the library's website at http://www.tcpl.org/patriot/index.html as well as at the Reference Desk at the library.

Furthermore we recommend that library users contact their Senators and Representatives in Congress and ask them to amend the Patriot Act by removing stipulations that affect their privacy.

The Tompkins County Public Library will cooperate with authorities in response to legitimate national security concerns, but through this resolution, is trying to ensure that our library users have the right to be free from any unreasonable intrusion into or surveillance of your lawful library use.

We need to ensure that actions taken by our government uphold the principles of a democratic society and that all decisions are made in a manner consistent with the Constitution. Libraries are founded on democratic principles of free and open access to information. Self-government requires an informed citizenry. We will continue to fight an ongoing battle to protect your freedom to read, to view, to speak and to participate. These are the cornerstones of democracy.