[Libs-Or] Fwd: USA Patriot Act

[Diedre Conkling]

Oregon Councilor Suzanne Sager sent out the important segments of the ALA
Council Document #20.8.  It can be found here:
http://www.ala.org/ala/aboutala/governance/council/councildocuments/2009annualdocus/20_3legislationreport.doc


----------------


The ALA Council* VOTED*, To treat ALA CD#20.8, Resolution on the
Reauthorization of Section 215 of the USA PATRIOT ACT, as an advisory
resolution to the ALA Washington Office if Section 215 of the USA Patriot
Act is to be reauthorized.



*
2009 CD#20.8*



RESOLUTION ON THE REAUTHORIZATION OF SECTION 215 OF THE

USA PATRIOT ACT

WHEREAS,    freedom of thought is the most basic of all freedoms and is
inextricably       linked to the free and open exchange of knowledge and
information; and these freedoms can be preserved only in a society in which
privacy rights are rigorously protected; and



WHEREAS,      the American Library Association (ALA) is committed to
preserving the free and open exchange of knowledge and information and the
privacy rights of all--library users, library employees, and the general
public; and



WHEREAS,      ALA opposes any use of governmental power to suppress the free
and open exchange of knowledge and information; and



WHEREAS,      the USA PATRIOT ACT includes provisions such as Section 215
that threaten the free and open exchange of knowledge and information; and



WHEREAS,      three sections of the USA PATRIOT Act, including Section 215,
are scheduled to sunset on December 31, 2009; and



WHEREAS,      Section 215 of the USA PATRIOT Act allows the government to
request

and obtain library records secretly for large numbers of individuals without
any reason to believe they are involved in illegal activity; and

WHEREAS,      orders issued under Section 215 automatically impose a
nondisclosure or

gag order on the recipients, thereby prohibiting the reporting of abuse of
government authority and abrogating the recipients’ First Amendment rights;
and

WHEREAS, the Foreign Intelligence Surveillance Act (FISA) Court has issued
more

than 220 Section 215 orders between 2005 and 2007, some of which may have
been issued to libraries; and



WHEREAS,      the Department of Justice Office of the Inspector General
reported that the

“FISA Court twice refused Section 215 orders based on concerns that the
investigation was premised on protected First Amendment activity”; now,
therefore be it



RESOLVED,     that the American Library Association (ALA) asks that Congress
to include in the reauthorization of Section 215 of the USA PATRIOT Act the
following provisions:

·        Require law enforcement officials to show individualized suspicion
that records or other items being sought pertain to a foreign power or
agent, a person in contact with a suspected agent, or a suspected agent who
is the subject of the investigation; and

·        Require records or other items being sought to be described with
sufficient particularity to allow them to be identified – reducing the
danger that the FBI will engage in fishing expeditions into personally
identifiable information in library or bookstore records; and

·        Require the Foreign Intelligence Surveillance Act (FISA) Court to
make a finding that these facts have been sufficiently demonstrated; and

·        Show cause for a FISA court to approve a gag order; gag orders will
expire at the end of six months unless cause is shown cause to reauthorize
them; and



·        Allow a recipient of a FISA Section 215 records-search order to
consult with an attorney or others for help responding to the request; and

·        Guarantee a recipient the right to challenge any gag order; and



·        Ensure due process for any recipient challenging a search or gag
order; and



·        Set a sunset date for Section 215 of no more than four years, to
insure ongoing oversight and assessment of the impact of this provision on
civil liberties; and



·        Intensify oversight of the Section 215 provisions of the USA
PATRIOT Act that limit the privacy rights of library users, library
employees, and the general public.





---------- Forwarded message ----------
From: Diedre Conkling <diedre08 at gmail.com>
Date: Mon, Oct 5, 2009 at 6:02 PM
Subject: Re: USA Patriot Act
To: ALA Council <alacoun at ala.org>, SRRT <srrtac-l at ala.org>, libs-or <
libs-or at listsmart.osl.state.or.us>


Remeber to go to http://capwiz.com/ala/home/ this week for more information
and to get your Senators' telephone numbers and call them about the
reauthorization of the Patriot Act.  The sections of interest to the library
community expire in December 2009 so discussion is going on now.  Last I
heard the next session discussing this will be on Thursday, October 8.

-- 
Diedre Conkling
Lincoln County Library District
P.O. Box 2027
Newport, OR  97365
Work phone & fax:  541-265-3066
Work email:  diedre at beachbooks.org
Home email:  diedre08 at gmail.com



-- 
Diedre Conkling
Lincoln County Library District
P.O. Box 2027
Newport, OR  97365
Work phone & fax:  541-265-3066
Work email:  diedre at beachbooks.org
Home email:  diedre08 at gmail.com
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