Annotated Bibliography: PATRIOT Act

Maruja De Villa Lorica
Paper/Project written in Fall 2008

Books

Abele, R. P. (2005). User’s guide to the USA PATRIOT Act and beyond. MA: University Press of America.

Robert P. Abele is a professor of philosophy and political science at Yuba College in Marysville, California. In this book, he examines the controversial USA PATRIOT Act passed by Congress six weeks after September 11, 2001. The book provides a nontechnical introduction to its main provisions, the prior Foreign Intelligence Surveillance Act of 1978, and proposed legislation such as the Domestic Security Enhancement Act (or "USA PATRIOT II").

The book summarizes analysis of USA PATRIOT done by the American Civil Liberties Union. Likewise, it includes discussion of other legislations and programs put into operation to restrict the civil liberties of Americans, and other proposed programs and laws that curtail privacy, due process, and free speech.

Etzioni, A. (2004). How patriotic is the USA PATRIOT Act? : Freedom versus security in the age of terrorism. New York: Routledge.

Amitai Etzioni is the Director of the Institute of Communitarian Policy Studies at George Washington University. In this book, he started off the discussion with a premise that Americans “face two profound commitments: protecting our homeland and safeguarding our rights”. He provides a middle road, and argues that public safety measures are crucial to democracy, but not all safety measures enhance liberty. As example, he finds parts of the USA PATRIOT Act reasonable and necessary such as the Student and Exchange Visitor Information System while others are troubling including the military tribunals.

The book provides a discussion of security measures undertaken in the U.S. since September 11. It also reviews the levels of privacy and security of various forms of electronic communication, including the potential threats they pose and attacks on public health from biological weapons, among others. The book also cited a number of challenges that modern technology poses to individual freedoms.


Finan, C. M. (2007). From the Palmer raids to the USA PATRIOT Act: A history of the fight for free speech in America. Boston: Beacon Press.

In this book, Christopher Finan, historian, activist, and President of the American Booksellers Association for Free Expression detailed the evolution and expansion of the concept of freedom of speech in the United States. He begins with the anti-subversive raids of thousands of Russian immigrants led by Attorney General A Mitchell Palmer in 1919 and ends with a discussion of the efforts of librarians opposing censorship in the face of the USA PATRIOT Act (hence the title).

Based on original research and secondary sources, the book underscores the important contribution of librarians in opposing censorship. It recounts the events in 2005 where four Connecticut librarians sought assistance from the ACLU. The Federal Bureau of Investigation had issued a National Security Letter demanding information about patrons who had used the library's computers. Concerned that a government search of library records would affect free speech, the librarians contacted the ACLU, which obtained an injunction blocking the order.

The book credits the American Civil Liberties Union (ACLU) and the Supreme Court, among others for providing leadership in protecting freedom of speech, opposing censorship, and promoting the rights of people.


Foerstel, H. N. (2004). Refuge of a scoundrel: The USA PATRIOT Act in libraries. Westport, Conn.: Libraries Unlimited.

In the book, Herbert Foerstel, former head of branch libraries at the University of Maryland, reviews all aspects of the USA PATRIOT Act directly affecting libraries and provides advice on what actions to take if a library is approached by law enforcement agencies under authority of USA PATRIOT Act Section 215. The book also gives a detailed description of the events leading to the passage of the USA PATRIOT Act, starting with the origins of library surveillance and continuing to the USA PATRIOT Act including gag orders for librarians and the its effects on library policies on patron records.

The book cites examples that libraries and librarians have adopted to protect confidentiality of their patrons’ records. It offers cases and methods to prevent the impact of the USA PATRIOT Act as well as advice on what types of policy statements should be developed to protect both the library and its patrons. It also includes various conversations and arguments presented by federal representatives in their support for the Act.

Journal Articles

Chaffee, G. J. (Fall 2008). Effects of the USA PATRIOT Act on Wyoming libraries, library professionals, and nonprofessionals. Library Administration and Management, 22 (4), 183-192. Retrieved November 29, 2008, from Library, Information Science and Technology Abstracts Full Texts via UNT Electronic Resources: http://irservices.library.unt.edu

Gary J. Chaffee, a McNair Scholar at the University of Wyoming and a graduate student in the School of Library and Information Science at the University of Kentucky studied the impact of the USA PATRIOT Act on the work of librarians in the rural, mountain state of Wyoming. Through a survey, he obtained librarians’ responses to potential and actual requirements of the Act such as librarians' awareness of the USA PATRIOT Act, handling of sensitive patron information, staff training for law enforcement and government information request procedures, targeted training for the mechanics of the USA PATRIOT Act, and how questions and concerns from patrons have been addressed.

Based from his findings, Chaffee recommends that a) libraries review their patron privacy policies and their guidelines in the event of the issuance of a USA PATRIOT Act subpoena for patron records; b) develop a database of free resources for sharing among Wyoming libraries as guide and as support for training smaller libraries; and c) Wyoming libraries communicate with each other and coordinate with local associations (WLA) and national organizations (ALA) for guidelines and support on issues related to intellectual freedom.

Foster, A. (2006, June 9). Library group tells the story of a gag order by the FBI. Chronicle of Higher Education, 52 (40), pA1-A31. Retrieved November 20, 2008 from EBSCO Host Academic Search Complete Database via UNT Electronic Resources: http://irservices.library.unt.edu.

This article written by Andrea Foster, staff reporter of the Chronicle of Higher Education describes the experience and action taken by employees of Library Connection, Inc. after being issued a National Security Letter (NSL) under the USA PATRIOT Act which allows the FBI to request records without a warrant. The article also explains that NSLs are issued without a judge’s approval, and that in addition to granting record access, those who receive NSLs are prohibited from discussing the matter with others.

The employees of the Library Connection, Inc challenged the constitutionality of the order in court and were represented by the American Civil Liberties Union. They argued that their opposition was not to the order itself but that the NSL violated their rights to speak freely.

Pike, George H. (May 2007). “The USA PATRIOT Act illuminated. Information Today, 24 (5), 17-18. Retrieved November 20, 2008, from Academic Search Complete Database via UNT Electronic Resources: http://irservices.library.unt.edu

The author, a library director and law professor explores the concerns raised on two provisions of the USA PATRIOT Act, namely: Section 215 which allows government investigators to get secret warrants to obtain business records, and that section which allows the issuance to businesses, without warrants, of Nationals Security Letters (NSLs). Pike cites the investigation of the Department of Justice on FBI’s practices and procedures regarding Section 215 request and NSLs. He also describes reports on violations and confusion related to NSLs procedures. The article also mentions that none of the approved warrants between 2002 and 2005 involved library records

Radio Interview

Elliott, D. (2006, February 11). Librarians wary of USA PATRIOT Act’s implications. [All Things Considered] Dallas: National Public Radio; KERA.

In a radio interview by National Public Radio Congressional Correspondent Debbie Elliot, Michael Gorman, head of the American Library Association, and librarian Joan Airoldi offered their insights on what the proposed changes of the USA PATRIOT Act would mean for the library and information science profession.

Mr. Gorman discussed two changes in the reauthorization of the USA PATRIOT Act with implications to libraries. He said that the gag orders that come along with FISA warrants can now be appealed, but they cannot be appealed until a year after the warrant is issued. Likewise, authorities will no longer be able to issue searches without reasonable grounds, however, they will be able to access library pooled databases.

Websites and Online Resources

American Library Association. The USA PATRIOT Act. Retrieved November 17, 2008, from http://www.ala.org/ala/aboutala/offices/wo/woissues/civilliberties/theusapatriotact/usapatriotact.cfm

The website presents ALA’s stand that “sections of the USA PATRIOT ACT are a present danger to the constitutional rights and privacy rights of library users”. The website also states ALA’s position that “libraries do cooperate with law enforcement when presented with a lawful court order to obtain specific information about specific patrons”.

In addition, the website contains recent information on USA Patriot Act’s Sections 215 and 505. It gives a comparison of the standards, approval, disclosure, challenges, minimization requirements, reports and audits under the original Patriot Act, and the new reauthorized legislation. A timeline of significant events related to the Act’s reauthorization history and the efforts to include reforms to protect privacy rights of library patrons are also provided. Links to other resources related to the Patriot Act are also included.

Minneapolis Public Library. The USA PATRIOT Act: Q & A. Retrieved November 18, 2008, from http://www.mpls.lib.mn.us/patriotactqa.asp

The site maintained by the Minneapolis Public Library (MPL) explains, in a question and answer format, how the Patriot Act, particularly Sections 215 & 216 affects libraries. It also enumerates what kind of information can be requested from libraries, and the type of patron information the MPL keeps to better manage its library resources.

The site provides the Minneapolis Public Library privacy policies which state that patron record, research, or other activities at the Minneapolis Public Library is not released to anyone including other government agencies, whether local, state or federal without a court order. Links to other online resources are also provided.

Minow, M. (2002, February 15). Features- the USA PATRIOT Act and patron privacy on library Internet terminals. LibraryLaw.com. Retrieved November 20, 2008, from http://www.llrx.com/features/usapatriotact.htm

Through a question and answer format, Minow, a library law consultant, discusses the issues and implications of the USA PATRIOT Act on library patron privacy. She points out that the USA PATRIOT Act opens door for law enforcement to get into library computer server, and eventually to patrons using the library Internet. She offers advice and guidelines on how libraries and librarians can adhere to the USA PATRIOT Act and cooperate with law enforcement when presented with lawful court orders while ensuring their patrons’ right to privacy and freedom of inquiry.

Werner, L. M. USA PATRIOT Act reauthorization and its impact on libraries. Retrieved November 15, 2008, from http://www.michigan.gov/documents/hal/lm_trustees_PATRIOTActRe authorization_223204_7.pdf

Lance M. Werner, a member of the Committee on Libraries, Legal Research and Legal Publication, and a reference librarian at MSU–DCL Law Library discusses the various changes in the reauthorization version of the Patriot Act compared to the original Act, most notable of which is the sunset provision whereby Section 215 of the Act, the portion that affects libraries, is now scheduled to expire on December 31, 2009.

The article enumerates the various changes in the reauthorized version. It is now possible for a recipient of a Section 215 order to challenge the order, and that the reauthorization contains express language that enables a recipient of a Section 215 order to disclose the receipt of the order to a legal counsel to obtain legal advice. It also discusses the importance of Section 505 of the reauthorized Act to public libraries. Section 505 provides that libraries, when functioning in a traditional manner, are not subject to National Security Letter searches.

Werner advocates that public libraries should have written policies and procedures to address requests for confidential library information, including requests related to the USA PATRIOT Act.