Fang-Face writes “It seems the Whatcom County Library System is flaunting USAPA. Read:
Librarian’s Brush with FBI Shapes her View of the USA Patriot Act, an editorial by librarian Joan Airoldi published in USA Today (and reprinted at CommonDreams.org).“
- Next Library board restores ‘Bill of Rights’
- Previous Brave New World of News According to Rupert Murdoch
Recent Posts
- Poetry Book Checked Out in 1974 Returned to Library 50 Years Later September 12, 2024
- What Happens When a School Closes Its Library? September 12, 2024
- Library dispute in Mobile, AL as one official ponders Bible ban September 11, 2024
- Why a ruling against the Internet Archive threatens the future of America’s libraries September 11, 2024
- Nebraska Library Commission hears from public over controversial new appointment September 9, 2024
- Internet Archive’s court loss leaves higher ed in gray area September 9, 2024
- Seattle Public Library recovers from ransomware attack, makes moves to strengthen tech security September 6, 2024
Recent Comments
- Dottie spears on The Black Section at WalMart; Segregating Titles by Subjects’ Skin Color
- Dee on The Black Section at WalMart; Segregating Titles by Subjects’ Skin Color
- Examining Arab and Muslim librarians in fiction – Pop Culture Library Review on Librarian Combats Muslim Stereotypes
- St. Paul libraries face moment of reckoning – LISNews – News For Librarians on Secret and mysterious libraries
- Ellie on Just How Gross Are Library Books, Exactly?
- Prodigious1one on The Teaching Librarian Versus The Teacher
LISNews Archives
- September 2024 (9)
- August 2024 (6)
- March 2024 (1)
- December 2023 (1)
- November 2023 (5)
- October 2023 (1)
- September 2023 (1)
- August 2023 (22)
- February 2023 (3)
- January 2023 (20)
- December 2022 (6)
- February 2022 (3)
- December 2021 (1)
- December 2020 (1)
- July 2020 (11)
- June 2020 (11)
- January 2020 (1)
- December 2019 (2)
- November 2019 (4)
- October 2019 (1)
- June 2019 (1)
- May 2019 (4)
- April 2019 (3)
- March 2019 (11)
- February 2019 (41)
- January 2019 (31)
- December 2018 (6)
- November 2018 (11)
- October 2018 (15)
- September 2018 (9)
- August 2018 (22)
- July 2018 (1)
- June 2018 (1)
- May 2018 (7)
- April 2018 (8)
- March 2018 (5)
- February 2018 (17)
- January 2018 (13)
- December 2017 (8)
- November 2017 (16)
- October 2017 (18)
- September 2017 (11)
- August 2017 (8)
- July 2017 (8)
- June 2017 (21)
- May 2017 (39)
- April 2017 (22)
- March 2017 (15)
- February 2017 (21)
- January 2017 (40)
- December 2016 (20)
- November 2016 (9)
- October 2016 (20)
- September 2016 (48)
- August 2016 (48)
- July 2016 (55)
- June 2016 (61)
- May 2016 (39)
- April 2016 (67)
- March 2016 (81)
- February 2016 (85)
- January 2016 (69)
- December 2015 (90)
- November 2015 (126)
- October 2015 (107)
- September 2015 (85)
- August 2015 (42)
- July 2015 (32)
- June 2015 (35)
- May 2015 (39)
- April 2015 (14)
- March 2015 (60)
- February 2015 (75)
- January 2015 (44)
- December 2014 (30)
- November 2014 (39)
- October 2014 (43)
- September 2014 (30)
- August 2014 (36)
- July 2014 (59)
- June 2014 (46)
- May 2014 (62)
- April 2014 (58)
- March 2014 (52)
- February 2014 (37)
- January 2014 (42)
- December 2013 (41)
- November 2013 (25)
- October 2013 (43)
- September 2013 (28)
- August 2013 (32)
- July 2013 (61)
- June 2013 (51)
- May 2013 (50)
- April 2013 (52)
- March 2013 (68)
- February 2013 (62)
- January 2013 (62)
- December 2012 (53)
- November 2012 (64)
- October 2012 (111)
- September 2012 (109)
- August 2012 (128)
- July 2012 (57)
- June 2012 (75)
- May 2012 (163)
- April 2012 (158)
- March 2012 (109)
- February 2012 (125)
- January 2012 (136)
- December 2011 (109)
- November 2011 (74)
- October 2011 (82)
- September 2011 (95)
- August 2011 (106)
- July 2011 (93)
- June 2011 (102)
- May 2011 (94)
- April 2011 (105)
- March 2011 (100)
- February 2011 (92)
- January 2011 (110)
- December 2010 (124)
- November 2010 (83)
- October 2010 (118)
- September 2010 (115)
- August 2010 (110)
- July 2010 (108)
- June 2010 (113)
- May 2010 (78)
- April 2010 (121)
- March 2010 (191)
- February 2010 (182)
- January 2010 (168)
- December 2009 (129)
- November 2009 (116)
- October 2009 (131)
- September 2009 (149)
- August 2009 (162)
- July 2009 (166)
- June 2009 (189)
- May 2009 (112)
- April 2009 (164)
- March 2009 (185)
- February 2009 (151)
- January 2009 (173)
- December 2008 (200)
- November 2008 (155)
- October 2008 (252)
- September 2008 (267)
- August 2008 (193)
- July 2008 (208)
- June 2008 (161)
- May 2008 (208)
- April 2008 (253)
- March 2008 (201)
- February 2008 (246)
- January 2008 (185)
- December 2007 (200)
- November 2007 (208)
- October 2007 (241)
- September 2007 (227)
- August 2007 (269)
- July 2007 (201)
- June 2007 (205)
- May 2007 (157)
- April 2007 (217)
- March 2007 (250)
- February 2007 (183)
- January 2007 (181)
- December 2006 (163)
- November 2006 (180)
- October 2006 (170)
- September 2006 (215)
- August 2006 (210)
- July 2006 (202)
- June 2006 (257)
- May 2006 (280)
- April 2006 (271)
- March 2006 (347)
- February 2006 (284)
- January 2006 (300)
- December 2005 (267)
- November 2005 (238)
- October 2005 (364)
- September 2005 (349)
- August 2005 (377)
- July 2005 (382)
- June 2005 (403)
- May 2005 (371)
- April 2005 (420)
- March 2005 (367)
- February 2005 (368)
- January 2005 (346)
- December 2004 (311)
- November 2004 (260)
- October 2004 (308)
- September 2004 (228)
- August 2004 (319)
- July 2004 (395)
- June 2004 (338)
- May 2004 (288)
- April 2004 (364)
- March 2004 (348)
- February 2004 (438)
- January 2004 (266)
- December 2003 (222)
- November 2003 (226)
- October 2003 (281)
- September 2003 (317)
- August 2003 (315)
- July 2003 (278)
- June 2003 (282)
- May 2003 (265)
- April 2003 (271)
- March 2003 (249)
- February 2003 (283)
- January 2003 (210)
- December 2002 (186)
- November 2002 (184)
- October 2002 (222)
- September 2002 (210)
- August 2002 (207)
- July 2002 (184)
- June 2002 (166)
- May 2002 (160)
- April 2002 (195)
- March 2002 (183)
- February 2002 (195)
- January 2002 (203)
- December 2001 (203)
- November 2001 (238)
- October 2001 (183)
- September 2001 (153)
- August 2001 (204)
- July 2001 (243)
- June 2001 (176)
- May 2001 (92)
- April 2001 (116)
- March 2001 (153)
- February 2001 (142)
- January 2001 (131)
- December 2000 (110)
- November 2000 (124)
- October 2000 (128)
- September 2000 (132)
- August 2000 (138)
- July 2000 (166)
- June 2000 (135)
- May 2000 (120)
- April 2000 (121)
- March 2000 (181)
- February 2000 (163)
- January 2000 (54)
- November 1999 (37)
This is no big deal, it should be SOP
1) Someone asks for a list of patrons who used/borrowed/accessed… something. Librarian refuses.
2) Someone presents a subpoena for the same thing. (Subpoenae differ from search warrants – there is no urgency with a subpoena.) Library says lets see what a judge says and begins procedure to quash. (A perfectly legal and in my opinion adviseable process to be followed whenever one receives a subpoena.)
3) Someone says nevermind.
I have some questions for the library:
1) Do you actually keep records of every patron that checked out each item?
2) Assuming you don’t why didn’t you tell the FBI that those type of records do not exist.
3) On the off chance that those records do exist did you inform the borrowers so that they might join your motion to quash.
4) Why did you even bring the USAPATRIOT Act into the equation? Since you are able to discuss the incident the Act was not involved. It seems your fears are based on supposition.
5) It is too bad you don’t have the fortitude to challenge the Act’s gag provision. If it were me, and I agree with the Act but I don’t agree with the blanket gag imposed, I would have challenged the gag (if and only if I was certain that it would not be detrimental to the secuirty and safety of our nation.) A gag after judicial review -yes. Prior restraint -no. Then again I don’t forsee the Act being used at my library as it has yet to be used for library records anywhere.
Crap
I always forget something… I’m getting old and forgetful.
They paid a lawyer to do a google search of the quote penciled in the book in a building full of librarians. Holy Lord, thats rich.
Re:This is no big deal, it should be SOP
er, given the act’s provisions, you couldn’t possibly know that it hasn’t been used. That’s why they call it:
Is this somehow unclear? Also, the librarian writing this implicitly makes two points:
I would add that if they can make provisions for not telling anyone that the act has been invoked, they can certainly mandate record-keeping of patron checkouts. If you think it won’t happen…
I also wonder WHY the FBI withdrew the request. Could it possibly be that real terrorists don’t write in library books? I mean, the administration is always using the reasoning that “the terrorists don’t tell us what they’re going to do ahead of time”, hence they need extraordinary powers to search, etc. Now it seems they are saying the terrorists announce their plans, in library book margins no less.
Re:This is no big deal, it should be SOP
Could it possibly be that real terrorists don’t write in library books?
It amazes me that there is not more explicit discussion of whether borrowing records are at all relevant in a broad-based request like this. In an open stack library (with photocopiers, no less), asking for all circulation records for a particular title is problematic with respect to both precision and recall. Historical circ records, if they exist, would give law enforcement only a subset of patrons who potentially read the book — and that subset, on a hot topic, can be pretty broad. At least in my library, there are plenty of people here all day who never actually borrow anything (yet use plenty of library materials), and plenty of people who photocopy library material (and why should a little copyright violation bother a terrorist?) without checking it out.
It has also been my experience that book mutilation, including angry written comments, (but excluding highlighting) often clearly takes place in the stacks by people who don’t want to be caught.
Given those circumstances, historical circ records for “unknown patron, known title” searches are misleadingly incomplete — let alone the chilling effect, freedom to read without harassment from the FBI, Patriot Act issues.
Re:This is no big deal, it should be SOP
Not every library has been able to convert to new systems that automatically purge circ data after the book is returned. Also, if they can compel the production of the information where it exists, and legislate provisions like sec. 215 of the USA PATRIOT act, they can potentially pass legislation requiring libraries to keep the circ data.
That’s why you move to quash the subpoena rather than merely telling them the data don’t exist–you do not concede them the principle of having the right to pry into patron records on a fishing expedition.
As for Sec. 215 never having been used for library records–your faith is touching but unfounded. The gag provision means that anyone who reports it being used in their library is risking getting swallowed up in the War on Terror, and not everyone is as brave as you are.
Re:This is no big deal, it should be SOP
When the AG was asked if it was invoked to obtain library records he related that it hadn’t. I believe the AG, if you don’t believe the AG then there is nothing I can do to convince you otherwise.
Mandating record keeping… come on now that is a bit much. Orwell’s 1984 was a work of fiction after all.
Librarian’s Brush with FBI Shapes her View …
“I have some questions for the library:
1) Do you actually keep records of every patron that checked out each item?”
By Washington State law we can only release such records in response to a warrant; our ILS supposedly eliminates the link between borrower and item once the item returns.
“2) Assuming you don’t why didn’t you tell the FBI that those type of records do not exist.” …
Our ILS is housed in another jurisdiction.
“4) Why did you even bring the USAPATRIOT Act into the equation? Since you are able to discuss the incident the Act was not involved. It seems your fears are based on supposition.”
Precisely because had the Act been invoked in this particular case (as has happened elsewhere) we presumably might not be telling the story; yet, its potential use as a totalitarian weapon must constantly be warned against.
“5) It is too bad you don’t have the fortitude to challenge the Act’s gag provision.”
We have yet to come to such a bridge.
The amount of hate mail we are receiving is an indication of how thoroughly the current Administration has scared many of our fellow citizens.
Re:Librarian’s Brush with FBI Shapes her View …
“I have some questions for the library:
1) Do you actually keep records of every patron that checked out each item?”
By Washington State law we can only release such records in response to a warrant; our ILS supposedly eliminates the link between borrower and item once the item returns.
Most jurisdictions have library privacy laws as I think they should. It really is no one’s business what others are reading. I think (and please correct me if I am wrong) that your answer means that you don’t keep historical records of an item’s use by specific patrons. Good for you! That information is of little value to libraries (usage of an item is important- who used an item is not.) and only serves to bloat a database.
“2) Assuming you don’t why didn’t you tell the FBI that those type of records do not exist.”
Our ILS is housed in another jurisdiction.
I’m not clear what that means in relation to the question I posed. Either the records exist or they don’t. If it was made clear that the records don’t exist it would negate the need to subpoena them. (one would hope the FBI would understand that they can’t have what does not exist).
“4) Why did you even bring the USAPATRIOT Act into the equation? Since you are able to discuss the incident the Act was not involved. It seems your fears are based on supposition.”
Precisely because had the Act been invoked in this particular case (as has happened elsewhere) we presumably might not be telling the story; yet, its potential use as a totalitarian weapon must constantly be warned against.
The act was not invoked, I think that speaks more to the question of the Acts fairness than any supposition that could be made had it been invoked. Had I had a car crash on the way to work I would have been late. Since I drove carefully I was not late. Since the FBI did not wish to persue the matter using the Act the ill advised subpoena was withdrawn.
“5) It is too bad you don’t have the fortitude to challenge the Act’s gag provision.”
We have yet to come to such a bridge.
If you believe as I do what the AG said, then no other library has come to such a bridge either. I can’t see it happening. The probative value of library records seems quite the strech to me since in this country we are free to read whatever we please. Reading a diet book did not make me thin, reading a book about Osama bin Laden (even if I pencil in quotes) most likely won’t make me a terrorist.
The amount of hate mail we are receiving is an indication of how thoroughly the current Administration has scared many of our fellow citizens.
Hate mail? What kind of idiots would send hate mail to a library for following established court procedures to quash a subpoena in order to protect library records. Have those people write to me, I’ll set them straight.