Library Policies - USA Patriot Act - A Warning from Your Library

 

Library Joint Powers Board Resolution 2003-02

A Resolution on the USA PATRIOT Act and Related Measures that Infringe on the Rights of Library Users

WHEREAS, the Santa Cruz Library Joint Powers Authority Board affirms the responsibility of the leaders of the United States to protect and preserve the freedoms that are the foundation of our democracy; and

WHEREAS, Libraries are a critical force for promoting the free flow and unimpeded distribution of knowledge and information for individuals, institutions, and communities, and

WHEREAS, the Santa Cruz Library Joint Powers Authority Board holds that suppression of ideas undermines a democratic society; and

WHEREAS, Privacy is essential to the exercise of free speech, free thought, and free association; and in a library, the subject of users' interests should not be examined or scrutinized by others; and

WHEREAS, Certain provisions of the USA PATRIOT Act, the revised Attorney General Guidelines to the Federal Bureau of Investigation, and other related measures expand the authority of the federal government to

• Obtain library records
• Secretly monitor all electronic communication, and
• Prohibit libraries and librarians from informing users of such monitoring or information requests; and

WHEREAS, The USA PATRIOT Act and other recently enacted laws, regulations, and guidelines increase the likelihood that the activities of library users, including their use of computers to browse the Web or access e-mail, may be under government surveillance without their knowledge or consent; and

WHEREAS, the USA PATRIOT Act disproportionately affects the poor and unemployed, many of whom rely on computers in libraries and other public places; and

WHEREAS, other organizations such as the American Library Association, the California Library Association, and the California Association of School Librarians have adopted resolutions expressing concern about the Act, now therefore be it

RESOLVED, That the Santa Cruz Library Joint Powers Authority Board opposes any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry; and, be it further

RESOLVED, that the Santa Cruz Library Joint Powers Authority Board calls for the amendment of those sections of the USA PATRIOT Act that violate fundamental rights and liberties guaranteed by the United State Constitution, and be it further

RESOLVED that the Santa Cruz Library Joint Powers Authority Board encourages the Director of Libraries to take steps to strengthen the Library's circulation and electronic systems and processes to further protect user privacy; and be it further

RESOLVED, that the Santa Cruz Library Joint Powers Authority Board supports the Director of Libraries' instructions to library staff to refer any requests from law enforcement agencies to the Director of Libraries Office; and be it further

RESOLVED, that the California Congressional delegation be asked to support legislation that would exempt libraries and booksellers from those parts of the Act that infringe on constitutional rights, and increase Congressional oversight of the Act; and

The Santa Cruz Library Joint Powers Authority Board

DIRECTS that the each branch of the City County Library System shall post in a prominent place within the library and on the Library's web site, a notice to library users as follows:

WARNING: Although the Santa Cruz Library makes every effort to protect your privacy, under the federal USA PATRIOT Act (Public Law 107-56), 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. Questions about this policy should be directed to the Attorney General, Department of Justice, Washington, D.C. 20530.

And further

DIRECTS that the Director of Libraries notify the media of the adoption of this resolution so as to draw public attention to the issues raised by the USA PATRIOT Act.

Adopted by the Santa Cruz Library Joint Powers Authority Board
March 3, 2003

Last updated by ann on Oct. 8, 2008