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21Feb05 . . . .
DOJ vs ALA, a legal look at the USAPA
More heavy USAPA reading that is worth reading in its entirety “Baseless Hysteria”: The Controversy between the Department of Justice and the American Library Association over the USA PATRIOT Act [big pdf] from this month's Law Library Journal. The article outlines the back-and-forth that happened between the US DoJ and the American Library Association primarily during September 2003. You may recall some of these anecdotes were linked here, some of them I hadn't even read until now, particularly this chestnut by Ashcroft in paragraph 34-35.
Rather than simply reporting the facts about the use of the Act with respect to library records, as he had with all the facts regarding the successes of antiterrorism efforts, Ashcroft continued to ridicule his opponents. His speech on September 18 went on to say: “And wouldn’t you know it. So prying are we, so overheated is our passion to know the reading habits of Americans that we have used this authority exactly . . . never. . . . And so the charges of the hysterics are revealed for what they are: castles in the air. Built on misrepresentation. Supported by unfounded fear. Held aloft by hysteria.”.... Since participation in the events scheduled for the twenty-city tour was by invitation only, and Ashcroft appears to have tailored his remarks for these selected audiences, it is unlikely we will know what was actually said. The fact that the sarcasm and ridicule were scripted is, however, disturbing and beneath the professional conduct one would expect of the attorneygeneral of the United States.
The author's ultimate conclusion is not the "rah rah librarians" cry that we're used to hearing. She includes some thoughtful reflection on how the ALA could have put a diferent spin on their official reaction and follow-up to the AGs remarks, and how this could have been an opportunity, perhaps, for law enforcement and librarians to work together to understand each other. While I'm not sure I agree with her conclusions -- there is some well-placed mistrust between librarians and law enforcement that can't be smoothed over without having both sides understand the concerns and mandates of the other -- the article makes for worthwhile fact-filled reading that will enhance anyone's understanding of the USAPA.
It is unfortunate that the debate between the attorney general and Carla Hayden was so narrowly focused on the struggle of the ALAto wrest information from the government about the use of the USA PATRIOT Act in libraries. Managed in a less reactionary manner, the debate could have been an opportunity to have a broader discussion about how, in this age of rapidly changing technology, librarians are not book babysitters but rather information managers in institutions that have become information centers for their communities. The discussion could have been an opportunity for law enforcement to educate librarians on the process of criminal and foreign intelligence investigations, and for both librarians and law enforcement officials to find ways to work together for mutual safety and the protection of civil rights. Simply put, this failure to communicate facts and ideas instead of emotional barbs precluded the exchange of meaningful information.
[thanks jack]
10Feb05 . . . .
USAPA town meeting in VT
I went to the town meeting that Trina Magi and Bernie Sanders hosted at Vermont Law School last week. It's nice to know that a local news report about the meeting was entered into the Congressional Record.
One man asked how to best strike a balance between preserving civil liberties and vigilance against terrorist threats. Magi said it was something people would have to decide for themselves. "I think it's really legitimate to be afraid of terrorists," she said. "We can also be afraid of an overreaching government that stretches too far into our lives. There are plenty of examples of lives that were ruined by a government that was not restrained." [thanks ej]
17Nov04 . . . .
the USA PATRIOT Act and its effect on... Canadians?
Oddly, the small goverment folks and the big government folks tend to agree on the downsides to the invasiveness of the USA PATRIOT Act. An article from everyone's favorite Libertarian think tank, the Cato Institute.
Thanks to excessiveness in some provisions of the USA Patriot Act, the United States is reversing its global orientation from a beacon of freedom to the paragon of a surveillance society. [thanks jack]
9Nov04 . . . .
Ashcroft resigns
John Ashcroft -- the man who called librarians "hysteric" -- has resigned.
“The objective of securing the safety of Americans from crime and terror has been achieved,” Ashcroft wrote in a five-page, hand-written letter to Bush.
8Oct04 . . . .
FBI called for margin writing, library has nothing to show them
After all the huffing and puffing about the USAPA and our rights versus national security, it's going to be interesting to see how the case of the little library with the book with the sketchy bin Laden quote in the margin turns out. Looks like it's pretty well stalled for now since the library doesn't keep borrower records more than a week. Nothing to see here, move along. [thanks all]
5Oct04 . . . .
from the mailbag, don't mess with librarians
From my friend the law professor. "Last night I went to a discussion among a famous local Rabbi (who is also a professor), Jamie Gorelick (member 9/11 Commission and former Assist. Attny Gen. for Clinton), and Viet Dinh (G-town law prof, former AA General for Bush, author of the USA Patriot Act, and poster boy for conservative causes...). Viet made a comment at one point that I think you would like -- he said what he had learned from the response to the Patriot Act was 'Don't mess with librarians.'"
29Sep04 . . . .
gag orders unconstitutional says federal court. duh, says jessamyn.
Federal court finds gag order provision of Section 505 of the USA PATRIOT Act [a gag order eeerily close to the one found in Section 215] to be an "unconstitutional prior restraint" on free speech.
The ACLU noted that the Patriot Act provision was worded so broadly that it could effectively be used to obtain the names of customers of websites such Amazon.com or Ebay, or a political organization’s membership list, or even the names of sources that a journalist has contacted by e-mail.... Judge Marrero’s decision enjoins the government from issuing National Security Letters or from enforcing the gag provision. The judge stayed his ruling for 90 days in order to afford the government an opportunity to raise objections in the district court or the Second Circuit Court of Appeal.
28Sep04 . . . .
why the USA PATRIOT Act isn't the solution
How does academic freedom roll into this whole USA PATRIOT Act thing? An interesting opinion piece from the Salt Lake Tribune.
Security in a free country requires respecting our fundamental liberties, not discarding them before outsiders even try to take them away. The Patriot Act is, in large part, a distraction in the effort to reduce terror. Al-Qaida is no more likely to be stopped in the libraries and Web searches of the University of Utah than it is on the battlefields and among the missing weapons of mass destruction in Iraq.
Free societies win because freedom and justice are stronger than their opposites. Even if we eliminate our own freedoms at home and fight brutally abroad, we will still be only a third-rate oppressor. We can never out-torture or out-spy or out-suppress al-Qaida or the dictatorships of the world.
Along the lines of what Dan was saying yesterday, lets keep our eyes open about PATRIOT II in that "won't be fooled again" way, okay?
19Sep04 . . . .
listen to me call John Ashcroft "snotty" on the radio
In the little ripple effect of the Wired article, I was interviewed for BBC World Service which Chuck heard, but apparently no one else did. I had them email me the 4 minute interview as a digital file. If you have broadband and you'd like to hear it, you can download the mpeg here [2.7 M mpeg]
18Sep04 . . . .
How the War on Terrorism Affects Access to Information and the Public's Right to Know
More delightful anti-USA PATRIOT Act reading from Homefront Confidential. This one focuses more on journalists, but really, isn't it about all of us? Lots of good data in this article.
15Sep04 . . . .
don't mess with me, or any other librarian
Wired News has a "Don't mess with librarians" article that I contributed heavily to that you might find interesting.
9Sep04 . . . .
who is keeping government accountable? librarians?
The Columbia Journalism Review has an article about the responsibility of journalists to demand accountability from their government. It includes a little blurb noting that librarians' response to the USA PATRIOT Act is one of the things that keeps USAPA on people's radar screens, and helps keep people aware of their rights -- pre-USAPA and post-USAPA.
Librarians participated in rallies, challenging Attorney General John Ashcroft when his road show promoting the Patriot Act came to some towns in the summer of 2003. They expect to collect one million signatures by the end of September to support amending the act. This from librarians. Where are the journalists? A fundamental tenet of the American system is that a free flow of information is essential to democracy. That flow is being pinched like never before. Instead of passively standing by, journalism should be working against this dangerous trend. [thanks chris]
15Aug04 . . . .
the USAPA "a long bill"
Well, looks like someone else got to hear Kerry mention the USA PATRIOT Act, John Perry Barlow.
had a conversation with Kerry. It was pretty disheartening. I asked how he felt about civil liberties. He said, "I’m for ’em!" That’s great, but how do you feel about Section 215 of the Patriot Act? He said, "What’s that?" I said, it basically says any privately generated database is available for public scrutiny with an administrative subpoena. He says, "It says that?" I say, "You voted for it!" He says, "Well, it was a long bill...."
[randomwalks]
15Jul04 . . . .
USAPA in the field
The Justice Department has just released a report [pdf] that gives over 30 examples of how the USA PATRIOT Act has been used so far to fight terrorism. The ACLU responds.
The report also sidesteps any mention of the Patriot Act’s use against innocent Americans whose records have been turned over to the FBI, and fails to mention the frequency of intrusive investigations that did not result in prosecutions.
13Jul04 . . . .
is USAPA fixable
The Center for Democracy and Technology is keeping track of legislative efforts to fix parts of the USA PATRIOT Act.
9Jul04 . . . .
USA PATRIOT Act stays as is, suck
Sanders-Paul-Conyers-Otter-Nadler Freedom to Read Amendment barely fails. USA PATRIOT Act stays as is with regards to surveillance rights in bookstores and libraries. Democrats chant "shame, shame, shame" over GOP tactics. One vote would have made the difference. Shame indeed. How did your rep vote?
The amendment, facing threat of a Presidential veto, received a majority of votes in the U.S. House when the time for voting expired. However, the House Republican Leadership then held open the vote twice as long as scheduled, an additional 20 minutes, as they “persuaded” Republicans to switch their votes.
8Jul04 . . . .
more chilling tales
Law student asks questions about the USA PATRIOT Act, gets the brush-off locally, then gets called by Homeland Security... really? Anecdotal tales from the livejournal libraries community.
6Jul04 . . . .
PATRIOT Watch: bordc sez call your rep
Anti-USA PATRIOT Act activities are still going strong. If you're the call-your-representative type, today is a good day to do it and tell them to support the Sanders-Paul-Conyers-Otter-Nadler Amendment to the Commerce, Justice, State and Judiciary Appropriations Bill of 2005.
29Jun04 . . . .
USAPA in full effect? and they can take my house keys??
Oh hey guess what? Remember when Ashcroft called us all "hysterics" and then showed us convincing documents stating that section 215 of the USA PATRIOT Act had never been used? Apparently it now has been. [laz]
18May04 . . . .
let the sun set on USAPA
The EFF blog is on my RSS feed so I get to read great stuff like this:
Let The Sun Set on USA PATRIOT. New one tomorrow!
Every two weeks ... we profile one of the 13 provisions scheduled to sunset and explain in plain language what's wrong with the provision and why Congress should allow it to expire.
5May04 . . . .
today's long-ass article on the PATRIOT Act is....
Resolving to Resist by Elaine Scarry is a long and worthwile article on how people are resisting the USAPA.
"Despite impediments to resistance, 238 towns, cities, and counties have now created a firewall against executive trespass in their communities. Though there are many differences between the resolutions... the resistance is built out of six identifiable acts"
23Apr04 . . . .
USAPA might have prevented 9/11 says Clarke
Richard Clarke has seemed like a sane man recently, so I was surprised to read his talk where he emphatically stated that the USA PATRIOT Act is not just good law, it's
an essential law enforcement tool.
[thanks karen]
21Apr04 . . . .
"...the Patriot Act has been a cure-all for the intelligence failures that were exposed by the 9/11 attacks."
President Bush using National Library Week to stump for the PATRIOT Act, calling it "
essential law".
[thanks bill]
18Apr04 . . . .
NLW - president still gung ho on USAPA
Just in time for NLW... President Bush says that
he intends to pressure Congress into renewing the parts of the USA PATRIOT Act that would have otherwise expired in 2005.
[lisnews]
9Apr04 . . . .
reading assignment for today
Isn't it great that as librarians we have such good stuff to read online? For today's assignment, please read "
Lawfully Surfing the Net: Disabling Public Library Internet Filters to Avoid More Lawsuits in the United States" Even though I date a law student, I'm all in favor of fewer lawsuits.
If you’ve never heard a librarian sputter, just get one talking about CIPA and staff computers. Many librarians correctly determine that, since all staff are adults (with the exception of any under 17 who should be treated differently), they have the right to disable the filters....Why install them in the first place, many argue, causing untold hassles in maintenance and sometimes significantly increased fees? This is a reasonable position. Yet the text of the law says "any of its computers with Internet access" [thanks raizel]
24Feb04 . . . .
ashcrofts vs librarians, wayback machine
Seems that
Ashcrofts have been disrespecting librarians since way back when
It was Mother s Day, a Sunday, 1990, when I was
called by my staff; who told me Mrs. Ashcroft wanted the
Missouri State Library opened, recalls Monteria Hightower,
who was then state librarian. Assuming the governor's wife
wanted to show visitors around (and that I could make a pitch
for new computers...), Hightower left her
family at home and hurried to unlock the darkened library. She
found Janet, outside in a car with a driver, accompanied only
by a boy of 12. With astonishment, she heard Janet's reason
for her Sunday appearance at the library: I want to find
something on the Elizabethan era for my son s homework
assignment.
[thanks lis]
21Feb04 . . . .
Library Issues - for academic librarians
16Feb04 . . . .
"another hysteric librarian"
I hate to see the USAPA debate as an Us vs. Them thing, especially considering where a lot of libraries get their funding from. However, if a patron asks "How private is my personal information?" I really don't know what to tell them.
An editorial about this librarian bind.
9Feb04 . . . .
Patriot Act, the game?
As the above episode illustrates, sometimes our profession can be guilty of a lack of creative thinking. Here is an interesting creative twist on all our PATRIOT Act activities:
The Patriot Act Game. And, of course, it has
its own web site.
[thanks barbara]
27Jan04 . . . .
PATRIOT Watch
26Jan04 . . . .
it's a start
22Jan04 . . . .
woo hoo, now THAT's a can of whoopass!!
16Jan04 . . . .
stealth librarian
PATRIOT Watch: Want to give your patrons absolute privacy when they surf? Try
ECM Stealth, patrons leave no trace. I got this link in email and I know nothing else about this product, except
the larger website it is on seems sort of empty. Anyone else know anything else about it?
3Jan04 . . . .
while you were sleeping
15Dec03 . . . .
crossing fingers
13Nov03 . . . .
assface say what?
Interestingly, Ashcroft
did not used to be quite so uppity about the government's right to be able to spy on everyone. When Clinton was the one alleged to be doing the spying he was quite indignant.
In order to guarantee that the United States meets the challenge of this new means of commerce, communication, and education, government must be careful not to interfere. We should not harness the Internet with a confusing array of intrusive regulations and controls. [thanks daniel]
12Nov03 . . . .
this is really getting time consuming....
So, remember my link to the US DoJ's
Life and Liberty liberal-slamming website defending the PATRIOT Act? Well the Center for Democracy and Technology has written an article
debunking many of the claims made on that website.
[infocommons]
7Nov03 . . . .
"The law was intended for activities related to terrorism and not to naked women,"
FBI agents using the USA PATRIOT Act to
investigate a strip club. No, I am not joking. Lawmakers seem suitably incensed.
"Let me say, with Galardi and his whole gang, I don't condone, appreciate or support all their nakedness. But having said that, I haven't heard anyone say at any time he was involved with terrorism." says Sen. Harry Reid, D-Nev. [thanks all]
4Nov03 . . . .
USAPA say what?
I'm giving a talk partially on the PATRIOT Act this week so forgive me if I'm a bit free and easy with these links. Apparently the US Government has started a website called
Life and Liberty whose main purpose appears to be to defend the PATRIOT Act, slam the ACLU and -- I am not kidding --
talk trash about liberals. This will be my response to library patrons who ask why their tax dollars are going to books like Daddy's Roomate... because
my tax dollars go to crap like this.
[unpatrioticact lj]
3Nov03 . . . .
happy birthday to youuuuuuu
Crap. I forgot the PATRIOT Act's
birthday. In celebration, the Bill of Rights Defense Committee has sponsored a "Rename the PATRIOT Act" contest.
Here are the winners.
2Nov03 . . . .
from the other side
Some quotes taken out of context to attempt to strengthen the right's argument against librarians who oppose the PATRIOT Act. Barbara Boxer, for instance, is quoted as saying the PATRIOT Act was a "good balance" but omits that she was one of the Senators responsible for introducing the
Library and Bookseller Protection Act this past Summer.
[thanks michael]
22Oct03 . . . .
yay, I'm famous!!
People always ask me "Do any libraries really
use your
signs?" Now I can for sure say "
Yes!"
[large files, but worth it]
15Oct03 . . . .
shop til you go to jail
Maybe the way they can get people to really care about the USA PATRIOT Act is to say that
it's going to affect how we shop?
Mr. Bevis, of Arundel books, said his online book buyers continue to gravitate to less controversial titles - no matter his promises of privacy. But shoppers at his Seattle store - many of whom work at a nearby federal office building - continue to buy books that in some cases might be construed as inflammatory. "But nowadays," he said, "everybody I know who's a federal employee is paying cash." [NYT, lisnews]
12Oct03 . . . .
shopping for change
PATRIOT Watch: if you are into the whole shopping-for-change thing, the "
White House Gift Shop" may be worth a looksee.
[thanks jessica]
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