Library Director's Notes
by Terry Dawson

Patriotism and Public Libraries

On May 4, our City Council declined to take a stand opposing the USA PATRIOT Act. Many on the Council stated that this is a national rather than a local matter. That is a legitimate position for the city, but the PATRIOT Act is a local matter for our library and for every other local library, because the law impacts how we do business. Coincidentally, that same day I was in Washington DC on behalf of the Wisconsin Library Association, one of hundreds of library supporters who came from every state to speak with Congressmen.

I have concerns with PATRIOT Section 215, which applies to library records. Our library has had several objections by users, two users who turned in their cards, and at least two users requesting that we post signs warning people about the implications of the Act. One might argue that these were over-reactions, but we have to deal with the perceived reality. PATRIOT obligated libraries to review record-keeping, based on the premise that privacy might no longer be as protected as it had been under state statute. In 2004, the Appleton Library Board, with input from the City Attorney's office, made substantial revisions to our Privacy Policy in order to specify processes for cooperation with PATRIOT searches of records.

This is a complex issue; there is more than one legitimate school of thought and often emotion on both sides. I was pleased that in speaking to Congressmen, congressional staff attorneys and others, we were received respectfully and taken seriously. Even those who support PATRIOT conceded that libraries at least have a concern in dealing with the perception, if not the reality.

Librarians cooperate with law enforcement authorities when records are needed and due process has been followed in obtaining court orders. But in protecting privacy and intellectual freedom, we rely on due process and laws such as Wis. Stat. 43.30. Appleton residents have an expectation of privacy in their library use; they should be confident in legal protections from federal officials on a fishing expedition using lowered standards of evidence, forcing librarians to secretly divulge private records.

The likelihood of any abuse of powers may be small. Like most of us, FBI agents are overworked and have better things to do with their time than monitor individuals' reading and Internet surfing. There's too much out there -- they have to focus on the productive,but are working under tremendous pressure to keep us all safe. But as history demonstrates, the possibility of abuse of powers is real.

In January of 2002, I was in a meeting with Michael Woods, a supervising attorney at the FBI, who said: "I would not want to live in a country that did not have groups like the American Library Association and the ACLU, that constantly and relentlessly question." It is our obligation as Americans to question and to ensure that governments and libraries respect our rights.

In 2003, our Library Board endorsed Rep. Bernie Sanders' bipartisan "Freedom to Read Act" HR1157, which would have modified Sect 215 of the PATRIOT Act to restore some checks and balances, providing improved assurance of due process in government access to library records. In Washington, I listened to Rep. Sanders, who seems confident his bill, endorsed by hundreds of cities, counties, and states, will pass this session of Congress. Administration officials and supporters may be equally confident that Sanders' bill will not pass, but even they are willing to work with American Library Association officials to find common ground. I'm hopeful that even if differences still exist, some concerns can be resolved.

People should not fear their own government. But the mechanism for avoiding fear is not blind trust, it is openness and communication. Government employees and government processes sometimes abuse powers. In a democracy, one hopes that this does not occur often, but all humans are fallible, subject to temptation, and may occasionally use noble ends to justify ignoble means.

In the meantime, let's all keep talking among ourselves, and with our congressional representatives: let them know what you think, no matter on which side of the issue you stand. You can find congressional contact information from our Reference desk at 832-6173.