I’ve been seeing Declan McCullagh’s face staring back at me from the web a lot lately. His beat is technology and politics. Mine is usually technology, politics and the public sphere, aka libraries. Today he’s talking about the USA PATRIOT Act, its history and what’s going on as the Senate and the House of Representatives begin hearings to determine whether to try to renew key provisions of USAPA that are set to expire. [genehack]
Category: usapa
Has the PATRIOT Act been used or not?
The USA PATRIOT Act is never far from my mind. An ALA Councilor has urged the ALA to sign on with a bipartisan group called Patriots to Resore Checks and Balances. Congressman Bernie Sanders is still working on his bill to repeal Section 215, and someone sent me this Newsweek article which, contrary to conventional wisdom and current “on the record” statements, has Ashcroft’s aids claiming that Section 215 was responsible for a terrorism-related arrest. Meanwhile, many provisions sunset in just eight months.
if at first you don’t succeed
Bernie Sanders — my rep in Congress — has reintroduced the Freedom to Read Protection Act. Learn more about this legislation at the Campaign for Reader Privacy site. Don’t forget what happened last time, get started advocating for this one early. [lisnews]
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]
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]