Patriot Act

“The USA PATRIOT Act stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The legislation is broad and changes immigration laws, tightens controls on money laundering, and greatly expands the legal use of electronic surveillance” (Minow).

What does this mean?

The Patriot Act affects methods by which law enforcement agencies can collect and analyze personal information.

History…. “The collection and analysis of personal information

under the Foreign Intelligence Surveillance Act (FISA) has been significantly altered by the U.S.A. Patriot Act” (Jaeger).

Frequent usage of wiretapping and electronic surveillance by the government began during President Roosevelt’s term, however warrants were not used.

Roosevelt and others have and do express their hesitance in using these devices, but do continue their use.

FISA was created in 1978 to protect citizens’ 4th Amendment rights.

History cont. Foreign Intelligence Surveillance Court (FISC)

was created to prevent misuse of FISA Reason was that FISA did not require probable

cause and foreign intelligence investigations were not covered.

“FISC hearings are nonadversarial, evidence, files, and records of the proceedings are sealed and remain secret to even the subject of the warrant in almost all cases” (Jaeger).

Patriot Act Changes FISA The Patriotic Act makes many changes to

FISA; see chart handout. Expansion of the circumstances under

which surveillance can occur. Expanded definition of records that can be

searched and obtained in FISA investigations.

Secrecy clause.

Changes cont. Ability to conduct surveillance on electronic

and voice mail communications. Extension of the use of roving wiretaps. Extension of the uses of pen registers and

trap and trace devices in FISA investigations. Alterations to the relationships between

agencies that collect intelligence information and other law enforcement organizations.

Results:

Considerable increase in FISA investigations.

May generate criminal charges unrelated to intelligence gathering.

Shared information can increase other charges, discovered during a FISA investigation, to be applied to a criminal.

Domestic Security Enhancement Act of 2003

Now called Patriot II. “Creates the establishment of a DNA

database of people (including U.S. citizens and resident aliens) with suspected ties to terrorism” (Jaeger).

Allows for more changes to FISA.

Changes

Expansion of the definition of “foreign power” under FISA. Elimination of the requirement that the subject of a FISA

investigation be engaged in activities that may be a violation of federal law.

Further sharing of information obtained in a FISA investigation. Provision of immunity from civil liability to any private entities, such

as businesses, and their personnel that voluntarily provide personal information about customers to law enforcement agencies.

Creation of criminal sanctions for failure to comply with a FISA order.

Changes cont.

Expansion of the Attorney General’s role in approving FISA investigations.

Stated extension of electronic devices to include any multifunction devices.

Creation of a prohibition against the use of encryption technology to conceal criminal activity.

**This all leads us to where we are today concerning the Patriot Act use in the library.

Library records of use.

“Holdings and collections contents; Browsing and searching the OPAC by patrons; Specific requests by patrons of material that the library holds (or

might request through interlibrary loan); Specific material that a patron borrows from the library –a circulation

record that also references the patron borrowing database maintained by libraries that may contain a substantial amount of information regarding the particular patron

Patron use of online resources, particularly if such resources require the use of a user id/password (most often the patron’s library card number)” (Jaeger).

What does this mean for libraries?

More requests for records from the library. Computer terminals will give information

by providing login history and user history. Individuals will have their names on a

library sign in sheet that may be searched by officials.

Surveillance

Library servers may have surveillance software placed on them.

Must have a court order for this. Most libraries that share servers with

others, will not have surveillance placed.

Roving Wiretaps

This means that a tap goes wherever the person goes, including library computers.

An order can be issued by a court that will be good for anywhere in the United States.

Libraries are more vulnerable because of the court order. Pen/trap orders can also now be used on the Internet. Email headers and URLs can be investigated. Phone numbers have always been available for

investigations. Probable cause must be shown for wiretaps to be issued

by the courts.

Complying with FBI

Court orders must always be complied with. If a library does not require sign in sheets, then

that library has nothing to give to the FBI. “Libraries are explicitly barred under Calif. Gov't.

Code §6267 from disclosing patron registration or circulation records, excepting staff administrative use, written consent by the patron, or an order from the appropriate superior court” (Minow).

Internet Records Could be kept confidential by 2 ways: 1: Internet records could be kept from being

investigated, if the library’s policy includes them under circulation records.

2: "personal privacy" exemption, provides that certain types of information may be kept confidential by a public agency where the disclosure would constitute an unwarranted invasion of personal privacy” (Minow).

California Public Records Act

This allows a library to not be required to create or maintain records of Internet usage.

Once records are created and maintained, court orders can be used.

Can also fall under open records requests.

Librarians giving tip offs

Recognizing patrons through records in the library then alerting authorities, could be wrong.

Recognizing patrons in a newspaper or public record then alerting authorities, is okay.

“Recall that the vast majority of library patrons are not terrorists, and libraries should make all efforts to protect patron privacy” (Minow).

Is there support for this?

ALA and other associations will comply with court orders.

But patron privacy is a library’s number one priority.

A request is that the legislation remain committed to protecting circulation records.

Resources

Call the ALA Office for Intellectual Freedom. Jaeger, Paul T. (2003) The impact of the USA Patriot Act

on collection and analysis of personal information under the Foreign Intelligence Surveillance Act. Government Information Quarterly 20.

http://www.llrx.com/features/usapatriotact.htm Minow, Mary. The USA Patriot Act and Patron Privacy on Library Internet Terminals.

ADA

American’s with Disabilities Act

What is ADA?

“Requires public facilities and public services to be accessible. This includes libraries” (ASCLA).

The law was passed in 1990. “Providing equitable access for persons

with disabilities to library facilities and services is required by Section 504 of the Rehabilitation Act of 1973” (ASCLA).

ADA in libraries.

“Libraries play a catalytic role in the lives of people with disabilities by facilitating their full participation in society. Libraries should use strategies based upon the principles of universal design to ensure that library policy, resources and services meet the needs of all people” (ASCLA).

ADA Services in Libraries.

Provide extended loan periods. Late fees must be waived. Reserve periods must be extended. Hearing impaired must have services at no

extra charge. Books may be delivered by mail.

ADA Services in Libraries cont.

“Library cards for proxies” (ASCLA). Fax or email available through reference

services. Delivery service to homes. OPAC must have a remote access. Resources in library must be available

through a remote access.

ADA Services in Libraries cont.

Library must have volunteer readers. Technology assistant volunteers should be

available. Interpreter for the American Sign Language

should be available. Library programs can involve an interpreter or

captions. “Radio reading services” can be available

(ASCLA).

Patron involvement.

Persons with disabilities can also be involved with the libraries’ implementing of programs and facilities.

Can also help plan and evaluate.

Accommodating facilities in library.

Entrances must be wheelchair adequate. Automatic doors and wide openings. Elevators, ramps, and handrails should be

available. Restrooms, drinking fountains, and telephone

should be handicap accessible. Visible alarms and signs with Braille should be

available.

Collection materials.

All materials must be available to everyone.

Medical health and mental health books can be available and part of collection.

A variety of collection formats accessible.

Technology in library.

“Libraries should work with people with disabilities, agencies, organizations and vendors to integrate assistive technology into their facilities and services to meet the needs of people with a broad range of disabilities, including learning, mobility, sensory and developmental disabilities” (ASCLA).

Technology cont.

Wheelchair accessible computer on height-adjustable table Kurzweil Reader (1: scanning and reading solution for the

blind or visually impaired and 2: scanning, reading and writing solution for people with learning disabilities)

Magnifying glass (can be attached to screen) Magnifying glass on stand (Manuscripts, Archives, and

Special Collections) TDD phone - Telecommunications Device for the Deaf

Technology cont.

Visual Magnification • Combination Braille/Large Print Keytop Labels • Enlarged Alpha & Numeric Keytops • Large Keytop Kit with ZoomCaps • Anti-Glare Magnification Screen • Large Print Display Processor • LV-103• MAGic and MAGic Deluxe • Verbal View • ZoomText

Technology cont.

ClearView Magni-Cam Meva ME2A Optelec products Vantage CCD Vista ,Vista 2, Vista with Windows Voyager

Software for this technology

BEX 3.1 (Raised Dot Computing) BIG for WordPerfect, BIG for 1-2-3 Big Letters Kidsword Low Vision Editor Magic Slate II

Staff in library.

Disabled patrons can be on staff. Policies should be in guidelines of ADA laws. Graduate programs should require students to

learn about ADA laws and programs. Libraries should provide staff training for

techniques in working with those disabled.

References

http://ala.org/ala/ascla/asclaissues/libraryservices.htm American library Association. Association of

Specialized and Cooperative Library Agencies.

Library Services for People with Disabilities Policy Passes. 2001.

http://www2.edc.org/NCIP/library/vi/magnifi.htm

Technology and software. http://www.wsulibs.wsu.edu/govdoc/disabilities.htm