Peggy

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