Rights of Library Users

[Maggie Ronkin]

Please excuse a slightly off-topic posting.  Most of us are  supporters of
intellectual freedom,
library users, and friends of librarians ... Maggie Ronkin.

This is the text of the important resolution regarding the USA PATRIOT Act.
This resolution is the result of many hours of work by the ALA [American
Library Association]  Committee on Legislation, the ALA Intellectual
Freedom
Committee and numerous other  library groups.


2002-2003 CD # 20.1
2003 ALA Midwinter Meeting

RESOLUTION ON THE USA PATRIOT ACT AND
RELATED MEASURES THAT INFRINGE ON THE
RIGHTS OF LIBRARY USERS


WHEREAS, the American Library Association 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 American Library Association 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 investigate citizens and non-citizens, to
engage in surveillance, and to threaten civil rights and liberties
guaranteed under the United States Constitution and Bill of
Rights; 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;
now, therefore, be it

RESOLVED, that the American Library Association 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 American Library Association
encourages all librarians, library administrators, library governing
bodies, and library advocates to educate their users, staff, and
communities about the process for compliance with the USA
PATRIOT Act and other related measures and about the
dangers to individual privacy and the confidentiality of library
records resulting from those measures; and, be it further

RESOLVED, that the American Library Association urges
librarians everywhere to defend and support user privacy and
free and open access to knowledge and information; and, be it
further

RESOLVED, that the American Library Association will work
with other organizations, as appropriate, to protect the rights of
inquiry and free expression; and, be it further

RESOLVED, that the American Library Association will take
actions as appropriate to obtain and publicize information about
the surveillance of libraries and library users by law enforcement
agencies and to assess the impact on library users and their
communities; and, be it further

RESOLVED, that the American Library Association urges all
libraries to adopt and implement patron privacy and record
retention policies that affirm that "the collection of personally
identifiable information should only be a matter of routine or
policy when necessary for the fulfillment of the mission of the
library" (ALA Privacy: An Interpretation of the Library Bill
of Rights); and, be it further

RESOLVED, that the American Library Association considers
that sections of the USA PATRIOT ACT are a present danger
to the constitutional rights and privacy rights of library users and
urges the United States Congress to:

1) provide active oversight of the implementation of the USA
PATRIOT Act and other related measures, and the revised
Attorney General Guidelines to the Federal Bureau of
Investigation;

2) hold hearings to determine the extent of the surveillance on
library users and their communities; and

3) amend or change the sections of these laws and the
guidelines that threaten or abridge the rights of inquiry and free
expression; and, be it further

RESOLVED, that this resolution be forwarded to the President
of the United States, to the Attorney General of the United
States, to Members of both Houses of Congress, to the library
community, and to others as appropriate.

Initiated by: Committee on Legislation
Cosponsored by: Committee on Legislation and Intellectual
Freedom Committee
Endorsed by: OITP Advisory Committee, LITA, Intellectual
Freedom Roundtable
Endorsed in principle by: ACRL, ALTA Executive Board, ALSC,
ASCLA, AASL Legislation Committee
Prior History: CD#19.1 January 2002, CD#20.5 January 2002,
CD#20.3 January 2002




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