IP: Librarians can't tell patrons of USA PATRIOT Act surveillance

[David Farber <dave () farber net>]

> From: Declan McCullagh <declan () well com>
>
> [Thanks to Jeffrey St. Clair for forwarding this. --DBM]
>
> From Don Wood, Office For Intellectual Freedom, American Library Association:
>
> Following is additional, clarifying information concerning
> the USA Patriot Act. This information is being provided in
> response to questions coming to the Office for Intellectual
> Freedom.
>
> May librarians notify the person whose records are
> the subject of an FBI search warrant issued in an
> investigation conducted under the new anti-terrorism laws?
>
> The provision contained in the USA Patriot Act barring
> persons or institutions from disclosing that a search
> warrant has been served does not contain any exceptions that
> permit notification of the person whose records are the
> subject of the search warrant. The Freedom to Read
> Foundation's legal counsel advises OIF that librarians
> should not notify the person whose records are the subject
> of the search warrant. Only one jurisdiction, the District
> of Columbia, requires that a public library notify a patron
> when the library is served with a court order to turn over
> the patron's records. Libraries or librarians who are served
> with a warrant issued under the provisions of the new
> anti-terrorism law may, and are encouraged to, consult with
> and seek the assistance of legal counsel to assure that the
> search warrant is in proper form and shows good cause.
> Libraries and librarians without legal counsel may seek
> legal assistance through the Freedom to Read Foundation by
> calling the Office for Intellectual Freedom and requesting
> legal advice from Jenner & Block. You do not and should not
> inform OIF staff or anyone else of the existence of the
> warrant. Please note, the new law requires a search warrant,
> not a subpoena. A search warrant can be executed
> immediately. A subpoena, on the other hand, allows a party a
> period of time to respond to and contest the court's order.
> An agent or officer serving a search warrant can begin the
> search as soon as the warrant is served. The library or its
> employees are entitled to ask the officer to allow them to
> consult with legal counsel and to ask that the library's
> counsel be present for the search, but there is no
> opportunity or right to quash a search warrant. See also
> Alert: USA PATRIOT Act
> <http://www.ala.org/alaorg/oif/alertusapatriotact.html>
>
> __________________________
>
> Don Wood Program Officer/Communications American Library
> Association Office for Intellectual Freedom 50 East Huron
> Street Chicago, IL 60611 1-800-545-2433, ext. 1 + 4225 Fax:
> 312-280-4227 <dwood () ala org>
> <http://www.ala.org/alaorg/oif/>
> <http://www.ala.org/cipa/cipalegalfund.html> intellectual
> freedom @ your library Free People Read Freely(r)
>
> "Congress Shall Make No Law Respecting an Establishment of
> Religion, or Prohibiting the Free Exercise Thereof; or
> Abridging the Freedom of Speech, or of the Press; or the
> Right of the People Peaceably to Assemble, and To Petition
> the Government for a Redress of Grievances."-First Amendment
>
>
>
>
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