Congress enacted the USA Patriot Act after the September 11, 2001 attacks. The Act significantly expanded the federal government’s surveillance and intelligence gathering capabilities

1

2002-2003 CD # 20.1

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

2

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 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.

Adopted by the ALA Council, January 29, 2003 Initiated by: Committee on Legislation Cosponsored by: Committee on Legislation and Intellectual Freedom Committee Endorsed by: OITP Advisory Committee, LITA Endorsed in principle by: ACRL, ALTA Executive Board, ALSC, ASCLA, AASL Legislation Committee, Intellectual Freedom Round Table Prior History: CD#19.1 January 2002, CD#20.5 January 2002, CD#20.3 January 2002