What Librarians and Patrons Need to Know to Protect Themselves from the Spying of the U.S.A. PATRIOT act - David M. Boje http://PeaceAware.com October 31, 2003

Under the U.S.A. PATRIOT act (Sec. 501, p. 38) the FBI can search and make seizure of book (or other) records by obtaining a warrant instead of a subpoena: ‘‘… under guidelines approved by the Attorney General under Executive Order 12333.” That order was issued Dec 4th 1981 by then-President Reagan. This means legal proceedings for obtaining warrants are sealed, so there is no way for you to determine if government surveillance of your library (or other) records is an appropriate use of power.

Under the U.S.A. PATRIOT act (Sec. 501: pp. 37-38), the FBI may “…make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities …” This means the FBI may obtain any and all physical or electronic records relating to library books borrowed, as well as your use of computer systems for searches, or e-mail.

Under the U.S.A. PATRIOT act (Sec. 215: pp. 38-39), ‘‘No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.” This means that library workers are not allowed to tell you about an investigation.

There are legal ways that librarians and citizens can protect themselves from the U.S.A. PATRIOT act spying.
Why is this important to you? Your freedom to read and browse is guaranteed under the 1^st Amendment, free speech. You have some protections left.

To protect yourself, find out what City and County and library policy is regarding the creation and retention of physical and electronic library records. You can also install software that protects you, and you can ask informed questions:

What to ask your librarian about the U.S.A. PATRIOT act?

1. What are the library’s procedures for protecting confidentiality of records of books or articles patrons checked out and web sites visited?
2. How does the library use caches of Internet sites visited, and word processing usage? (Acceptable answer: deleted upon logout).
3. How long are patron book check out records kept on file once books are returned?  (Acceptable answer: shredded when books returned).
4. How confidential is the University or public library’s patron database?
   1. A patron-friendly policy is erasure of Online Internet caches (history files) upon log out, and erasure of word processing and other login records at end of business days or within 48 hours.
   2. A patron-friendly policy is shredding patron records once books are returned and outstanding fines paid.
5. Do University or Public Library employees sign confidentiality agreements with regard to disclosure of patron records? (Acceptable answer: yes).
6. Have you received training on implications of U.S.A. PATRIOT act for librarians?  (Acceptable answer: yes).
7. How many subpoena requests about patrons has this library received from the FBI, INS, or Police? (Don’t know is not an acceptable answer).
8. Does the library cooperate with voluntary (verbal or written) requests by FBI, INS, or Police to see patron records? (If yes, ask, did the library cooperate?)
9. The U.S.A. PATRIOT act (Sec. 215) prohibits library workers from disclosing the specifics of requests about a patron. Do you believe this is a violation of the First Amendment of the U.S. Constitution?
10. Does the library mail server keep a record of staff and patron communication? If yes, are staff and patrons informed that such data can be subpoenaed in a search and seizure?
11. Does this library use surveillance cameras?  If yes, how long are the tapes retained?
12. Once a search of library collections is conducted and completed, does your software retain a copy of the search? If yes, for how long?

What can libraries do? Library management can change its procedures and policies to protect patrons’ first amendment rights.

1.     Post this sign: U.S.A. PATRIOT act prohibits library workers from informing you if federal agents have obtained records about you. Questions about this policy should be directed to Attorney General John Ashcroft, Department of Justice, Washington D.C. 20530.

2.     Does your library have a policy that says, once a book is returned, physical records are shredded and electronic versions deleted by the end of each business day? Electronic records include caches on computers and servers, as well as web logs, temp files, favorites, and cookies.  Physical records, include sign-in sheets and search request forms (these can be destroyed, shredded at the end of the business day).

3.     Does your library have a policy that says, If anyone approaches you alleging to be a law enforcement official requesting you volunteer patron information, do not disclose to that individual any information.

4.     Does your library have a policy that if approached by an alleged law enforcement official, immediately contact a supervisor, department head, assistant director, or director.

5.     Does your library have a policy that the supervisor, department head, assistant director, or director will ask to see official identification and will photocopy the ID and/or request business card and/or record badge number and other pertinent ID information?

6.     Does your library have a policy, that if presented with a subpoena, library staff should direct that person to their supervisor, department head, assistant director, or director; who will in turn direct the subpoena to legal counsel?

7.     Does your library have a policy that once staff is presented with a warrant, they can not interfere with their search and seizure? They can, however, contact your supervisor, department head, assistant director or director as soon as possible.

8.     Does your library have a policy to keep a record of all legal requests?

9.     Does your library have a policy that if a “gag order” is not in effect, the head of the library can notify the patron(s) affected, along with the City council, and County commissioners, as well as the American Library Association?

Where does the library get its Internet Service?  If the library uses a public ISP, the government can install tracking software so that library workers never know their patrons book and article choices are under surveillance.

1. Do library computers clear old user information (e.g. log, temp, history, cookie files) for each new user? This includes Internet temporary files?
2. Does the proxy serve keep a history of patron Internet behavior (i.e. caching of Internet searches and sites visited)? If yes, when are detailed files deleted?
3. Does the library use patron protection software such as Centurion Guard or Deep Freeze that erase patron data on reboot?
4. Does the web server have its default set to enable log files to see which web files are being used?
5. Does the router keep a log file? If so, does older information drop off (get deleted) after short term tracking of network traffic?
6. Does the library use computer time software such as Cybraryn that has log files? If yes, are these log files cleared on a regular basis?
7. Does the library use a firewall? If yes, is the raw data aggregated to protect individual patron privacy?
8. Do providers of licensed databases maintain files of patron information beyond the generic login and password? What is their privacy policy?
9. How long does library software maintain info on patron’s returned books? Are overdue items cleared after the book is returned?
10.  How much info in retained about interlibrary loans? For how long?

More information and Library Protection

·        Marin County Library – 1 page fact sheet http://www.co.marin.ca.us/depts/lb/main/handouts/PatriotActFAQ.pdf

·        Questionnaire for libraries http://alexia.lis.uiuc.edu/gslis/research/finalresults.pdf

·        Additional studies http://chorn.com/~xauen/patriot/research.html

·        CA Library association guides http://www.cla-net.org/resources/articles/us_patriot_act.php

·        MASS library staff procedures http://www.townofsharon.net/Public_Documents/SharonMA_Library/usapatriot

·        Article by Riba http://www.osmond-riba.org/lis/usapatriot.htm

·        Xcleaner - http://www.xblock.com/download-freeware.shtml - This is a freeware version of anti-spyware software; it performs cookie cleaning, Internet cache cleaning, scans for spy software packages and performs permanent file shredding.  You can load it onto a floppy disk and take it with you.

·        See http://PeaceAware.com for more information; Become PeaceAware!