Some Wisconsin libraries purging circulation records; as a result of the new federal Patriot Act

Associated Press ^ | 10-07-03

[Brian S]

Associated Press

MILWAUKEE (AP) - Some Wisconsin libraries have purged circulation records to protect privacy as a result of the new federal Patriot Act, and others have started warning patrons about the law's effects.

The Wisconsin Library Association issued a sample policy last spring for member libraries to use to "protect against the unwarranted invasion of the personal privacy of library users" following adoption of the law. The group has since surveyed its members on what actions they have taken.

Workers at the University of Wisconsin-Green Bay's Cofrin Library regularly delete records of requests for books or other material once those transactions are completed.

"If we had kept those patron records and if we were visited by the FBI, then they would have been able to look at all those records. They would have had access to all patron records, not just one individual's," said library director Leanne Hansen,

Hansen said she and her staff do not oppose fighting terrorism but believe the Patriot Act wrongly gives the FBI authority to peruse people's library records.

Mark Corallo, a U.S. Justice Department spokesman, said that to get a search warrant under the Patriot Act, the FBI must show evidence to a federal judge that the records being sought would involve international terrorism or clandestine intelligence activities.

"The FBI is prohibited from conducting investigations of U.S. citizens solely on the basis of activities based on the First Amendment," he said.

Corallo also said the libraries were not breaking any federal law by destroying their circulation records "under the misguided notion that the FBI is monitoring what people are reading."

But he said libraries could be destroying records that grand juries have the right to subpoena as evidence for other crimes, such as child pornography.

Meanwhile, the library association has suggested that its members ask whether they have a good reason to keep records they are keeping and, if not, get rid of them.

"We're telling libraries to consult their local legal counsels, review their policies and know what their privacy and record retention policies are," said Peter Gilbert, state library association president and a reference librarian at Lawrence University in Appleton.

The Beloit Public Library has posted warnings that say: "Although the Beloit Public Library makes every effort to protect your privacy, under the federal USA Patriot Act, records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits library workers from informing you if federal agents have obtained records about you."

Lynda Moon, the Beloit Library Board president, said her board has always had a policy that "it was essential that citizens be able to read and explore ideas freely without fear of surveillance."

But she said that, if FBI agents arrived with a search warrant, the library would comply with the law as long as they had the proper order from the government.

[TheFrog]

FBI agent 1 "Do you think that LanPB01 is a foreign agent?"

FBI agent 2 "Why yes I do"

-> LanPB01 IS a foreign agent!

I would be much more impressed if they could identify / deport all the people who are here illegally!

[E=MC²]

Maybe these oh so patriotic intelligent liberalarians should be destroying the dangerous BOOKS too.

[TheFrog]

Re:""Foreigner" and "Agent of a Foreign Power" are both already defined in the U.S. Code. Nothing in the Patriot Act has changed it."

Actually sections 203, 207 directly change the associated code.

[TheFrog]

Re:"117,000 libraries in America. How many FBI agents? 10,000? How many agents could really be assigned to searching through our library records? "

Do the letters ODBC mean anything to you?

[WackyKat]

The librarians need to get a life. I thought they were supposed to be smart and well educated

They're smart enough to know a serious threat to liberty and privacy when they see it.

[WOSG]

They are purging records of library users useful to freedom or security? These will only be searched in the process of investigating crimes.

Now the terrorists are on the alert: If they want to use a library, go to a far-left haven, and they can abuse our libraries to their heart's content without getting caught.

[WOSG]

"They're smart enough to know a serious threat to liberty and privacy when they see it."

Indeed - and will aid and abet those threats!

(Or do you suffer under the delusion that constitutional court-ordered searches of library records, phone records, computer records and bank records is an attack on your rights? )

[WOSG]

"These people certianly do oppose fighting terrorisim. They're destroying records in order to help terrorists.

If the FBI is "wrongly" using such information, then the proper forum to discuss that is in court. These leftist libs are taking things into their own hands out of a misplaced anger at Geo. Bush. If Janet Reno had trumpeted the PA, then they'd love it, and would call the feds at the first sign of David Koresh in the library with the video tape of everything he did. "

I agree.

[WOSG]

"If your doctor had the balls to tell the government to f--k off when they ask for your medical records, would you support your doctor in that?

Do some research."

Do some yourself. HIPPA law protects medical privacy.
The Govt has a right to see records if they have a warrant.

[WOSG]

Nice strawman you are arguing against ... where'd you get it?

[WOSG]

"Is this really a problem? What do they have in their circulating collection that would identify an evil doer? "

That's not the point. ... if you have a suspected terrorist under investigation, suspected of say planting a bomb, and they get a court-ordered warrant for computer and library records and find he checked out a bunch of chemisty brooks, bought suspicious amounts of materials, and did web searches on 'how to' or had this video on hand:
http://www.cnn.com/2002/US/08/21/terror.tape.main/

... then they know they are to something. what would be creepy is if they discovered the terrorist went here ...
http://home.clara.net/nybbles/oldestuff/vik/nuke/contents.html

"Haven't they accomplished nothing more than warn bad guys that they'd better steal the books they want, but not check them out?" ... or at least do it in a "Patriot Act"-free city.

[LanPB01]

It does not change the section of the U.S. Code which defines "foreigner" and "agent of a foreign power".

[LanPB01]

Going to the library isn't an essential liberty, anymore than getting cable TV is.

[LanPB01]

Should have said "Section 215". What with all the hysteria you people bant around, it gets hard to keep up with the actual facts.

[Doctor Stochastic]

These records were useful in the Thomas hearings.

[eno_]

Going to the library isn't an essential liberty, anymore than getting cable TV is.

Recruitment numbers are in the crapper. Maybe because people don't find your vision of "essential" liberties worth defending. The Ashcroft vision of what liberties are "essential" can go to hell. It is a pale shadow of what the Founders fought for.

[eno_]

An actual warrant signed by a judge, or an administrative subpeona?

[BlackbirdSST]

Without the PA, all illegals would be home free. Support it for the security we need at this time.

HUH? Blackbird.

[BushisTheMan]

Do you seriously think this is a serious threat to liberty and privacy to anyone? I believe a court order by a judge is needed before they can review library records. To date, 0 have been requested because of the Patriot act. I think people need to lighten up. To me, if the suspect you of being a terrorist and you go to the library, your library checkout record should be examined.

[BushisTheMan]

Actually the last time I got my prescription, I had to be informed by the pharmacist that my medical records are private. I also had to sign a book that acknowledged that they told me about this law.