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Patriot Act, Freedom of Information Act, & Intellectual Freedom

Intellectual Freedom in Post-September 11 is a subject that has not gotten easier since. With the passing of the Patriot Act (PA) (Public Law 107-56/115 Stat. 272 (2001)) combined with Freedom of Information Act (FOIA) (5 USC 552 (1966)) the effect of both laws changed the world of librarians and libraries, both positively and negatively.

Title 2 of the PA, sections 214-216, affects the library in terms of Access to records and other items under the Foreign Intelligence Surveillance Act and Modification of authorities relating to use of pen registers and trap and trace devices. Librarians should remember that Badges and inquiries, then as now, are legally insufficient to compel librarians to turn over records, particularly when state laws protect these records. [1] Many states passed laws that make library records confidential and the laws of open records don t apply to them. The ALA s Resolution on the [PA] and Related Measures That Infringe on the Rights of Library Users (January 29 2003), considers sections of the [PA] . . . a present danger to the constitutional rights and privacy rights of library users and urges the United States Congress to: 1. provide active oversight to the implementation of the [PA] and other related measures . . . and 3. amend or change the sections of these laws and the guidelines that threaten or abridge the rights of inquiry and free expression.

FOIA requests should not put a damper research. Neither should either law hinder our enjoyment of reading and searching for our enjoyment, pleasure, or gaining knowledge. This is a cornerstone of a better society. FOIA was intended to reverse what now seems an alarming trend toward unprecedented which threatens to erode the foundation of intellectual freedom. [2]

Libraries mixed with the public groups are two groups that help to stem federal incursions upon public freedom. Libraries are centers where patrons can gather information without worrying that their inquiries and privacy is protected. American Library Association stated that Intellectual Freedom is the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored. Intellectual freedom encompasses the freedom to hold, receive and disseminate ideas.

[1] http://www.libraryjournal.com/index.asp?layout=article&articleid=CA245044

[2] March 2003 ASA Newsletter

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