From the Director: USA PATRIOT Act and the Homeland Security Act Raise Issues

I recently participated in a panel discussion concerning the new USA PATRIOT Act. The program was part of the Academic Freedom Coalition of Nebraska’s (AFCON) annual meeting. Panelists were asked to examine how this new federal law affects constitutional freedoms. I addressed the impact of the USA PATRIOT Act on libraries.

The USA PATRIOT Act and the recently enacted Homeland Security Act broaden the authority and reach of law enforcement agencies. These laws tilt the balance further toward law enforcement and away from personal liberties. The USA PATRIOT Act legislation was introduced and signed into law within five weeks following the September 11, 2001 terrorist attacks. Among its many provisions, this new law gives law enforcement agencies easier and broader access to library records. Law enforcement representatives can request patron transaction details and log sheets from use of library computers, and they can check computer equipment for e-mail transmissions and Web-searching patterns. Libraries must comply with lawful requests for records.

Publicly funded libraries are already subject to Nebraska public records laws. However, these new federal laws provide an additional reason to review and update library policies and procedures. The American Library Association (ALA) has some very useful information concerning the USA PATRIOT Act and its implications for libraries. The ALA Web site, <www.ala.org/washoff/patriot.html>, is a good starting point for reviewing library records policies and procedures.

Library representatives need to review the steps and procedures for responding to a request for records. Who will handle the records request? Is legal counsel available to assist in reviewing and handling the request? Are those assigned responsibility for handling records requests knowledgeable about public records laws (federal and state) and what constitutes a lawful request? Have library representatives reviewed record retention practices to determine what information should be retained, who has access to the records, and how that information can be used?

An important question raised at the AFCON annual meeting concerned library patron privacy policies. Do libraries inform their customers about customer-related information held by the library and how it is used? That is a legitimate question and I don’t know the answer. It is a question that needs to be addressed. Library representatives should carefully consider what information is kept for each individual customer, and should determine what information is essential to retain for library purposes. Customer information that is needed only for temporary use should be disposed of on a timely and routine basis.

The USA PATRIOT Act and the Homeland Security Act raise important public policy issues concerning privacy rights. Libraries must respond to lawful public records requests, but should also ensure that only personal information essential to library management is collected and retained.

Rod Wagner

Ed. Note:

In December eighty-seven library staff and supporters across Nebraska viewed the videoconference, Safeguarding our Patrons’ Privacy: What Every Librarian Needs to Know About the USA Patriot Act. Copies are available to be checked out from the Nebraska Library Commission Information/Reference Services, 402-471-4016, 800-307-2665, e-mail: Ready or from the Regional Library System Offices.
 
LSTA Applications Due January 31
 

2003 Library Services and Technology Act (LSTA) Grant applications are now available on the Library Commission Web site, see <nlc.nebraska.gov/libdev/lsta/2003-lsta-toc.html>. Applications can be submitted online or in print. Print proposals must be postmarked January 31, 2003 and online proposals are due January 31, 2003 by 11:59 P.M. CST. Faxes will not be accepted. The Nebraska Library Commission distributes these grants with funding made available through the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act. Send all correspondence, applications, and any other written material to Sally Snyder, Federal Aid Administrator, Nebraska Library Commission, The Atrium, 1200 N Street, Suite 120, Lincoln, Nebraska 68508-2023. For more information contact Richard Miller, 402-471-3175, 800-307-2665, e-mail: Richard Miller.


NCompass

Winter 2003 • Vol. 10 No. 1
NCompass is a quarterly publication of the Nebraska Library Commission, The Atrium, 1200 N Street, Suite 120, Lincoln, NE 68508-2023. Phone: 402-471-2045 or 800-307-2665 (in Nebraska only). Fax: 402-471-2083. Home Page: <nlc.nebraska.gov> ISSN: 1075-9719.
Director: Rod Wagner
Editor: Mary Jo Ryan
Design and Production: Valerie Dayton
Staff: Jacqueline Crocker, Mary Geibel, Janet Greser, Cynthia Hobbs
Nebraska Library Commissioners: Karen Warner, Norfolk, term expires 2003; Robert King, Holdrege, term expires 2003; Wally Seiler, Chair, Alliance, term expires 2004; Richard Jussel, Kearney, term expires 2004; Velma Sims-Shipley, Fremont, term expires 2004; Kristen Rogge, Johnson, term expires 2005. Commission meetings are held the second Friday of every other month, or as scheduled by public action of the board.
This publication was supported in part by the Institute of Museum and Library Services under the provision of the Library Services and Technology Act.

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