OLA's Positions on the Issues
RESOLUTION ON 2009 REAUTHORIZATION OF THE USA PATRIOT ACT
Whereas, the Oklahoma Library Association is committed to encouraging free and open inquiry by preserving the privacy rights of library users, library employees, and persons living in the United States; and
Whereas, the Oklahoma Library Association opposes governmental actions that suppress or chill free and open inquiry and has called for the USA PATRIOT Act to be amended to restore fundamental constitutional rights and safeguards that protect the civil liberties of library users, library employees, and U.S. persons; and
Whereas, Section 215 of the USA PATRIOT Act allows the FBI to secretly request and obtain library records for large numbers of individuals without reason to believe they are involved in illegal activity; and
Whereas, Section 505 of the USA PATRIOT Act permits the FBI to obtain records from libraries by using National Security Letters (NSL) without prior judicial oversight; and
Whereas, Section 215 automatically requires and Section 505 permits the FBI to 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, FBI Director Robert S. Mueller III testified before the Senate Judiciary Committee on March 25, 2009, that the FBI had used Section 215 of the USA PATRIOT Act 223 times between 2004 and 20071, and the Office of the Inspector General (OIG) of the Department of Justice reported in March 2008 that the FBI had made 192,499 National Security Letter requests from 2003 through 20062; and
Whereas, the OIG reported in March 2008 that "the FISA Court twice refused to authorize Section 215 orders based on concerns that the investigation was premised on protected First Amendment activity, and the FBI subsequently issued NSLs to obtain information" without reviewing the underlying investigation to be sure it did not violate the statute's First Amendment caveat3; and
Whereas, members of Congress have introduced legislation to restore privacy rights and address the concerns of the Oklahoma Library Association such as: The Freedom to Read Protection Act (H.R. 1157 in the 108th Congress), the National Security Letters Reform Act (S. 2088 in the 110th Congress and H.R. 1800), The USA PATRIOT Act Sunset Extension Act (S. 1692) and the Judicious Use of Surveillance Tools in Counterterrorism Efforts (JUSTICE) Act (S.1686); now therefore be it
Resolved that the Oklahoma Library Association:
1. Opposes initiatives on the part of the United States government to constrain the free expression of ideas or to inhibit the use of libraries;
2. Urges Congress to repeal the USA PATRIOT Act's expanded National Security Letter Section 505 and Section 215 authorities that allow the FBI to demand information about people who are not targets of an investigation and to reinstate standards limiting the use of these authorities to obtain information only about terrorism suspects and agents of foreign powers.
3. Urges Congress to allow nondisclosure or "gag" orders of limited scope and duration only when necessary to protect national security and only upon the authority of a court, and ensure that targets of such orders have a meaningful right to challenge them before a fair and neutral arbiter.
4. Urges Congress to intensify its oversight of the use of the USA PATRIOT Act as well as other government surveillance and investigations that limit the privacy rights of library users, library employees, and U.S. persons; and
5. Communicates this resolution to Oklahoma's Congressional Delegation; and
6. Urges its members, Oklahoma librarians, Oklahoma library trustees, and all library advocates to ask Congress to restore crucial safeguards protecting constitutional rights and liberties.
Sources
1. Robert S. Mueller. (March 25, 2009). "Oversight of the Federal Bureau of Investigation," Hearing of the Senate Judiciary Committee. Accessed through LexisNexis Congressional database.
2. Office of the Inspector General, U.S. Department of Justice. (March 2008). A Review of the FBI's Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006, p. 110. Available at http://www.usdoj.gov/oig/special/s0803b/final.pdf
3. Office of the Inspector General, U.S. Department of Justice. (March 2008). A Review of the FBI's Use of Section 215 Orders for Business Records in 2006, p. 73. Available at http://www.usdoj.gov/oig/special/s0803a/final.pdf
Adopted by the Oklahoma Library Association Executive Board on Friday, October 16, 2009.
Printable version of the Resolution (PDF)
RESOLUTION IN SUPPORT OF OKLAHOMA LIBRARIES
Whereas, the Oklahoma Library Association supports the essence of democracy that citizens have the right of free inquiry and the equally-important right of forming their own opinions, and it is of the utmost importance that free access for individuals to all types of information be preserved and defended, and
Whereas, the Oklahoma Library Association supports open access to library materials, and
Whereas, the Oklahoma Library Association affirms the responsibility and right of all parents and guardians to guide their own children's use of library resources, and
Whereas, the Oklahoma Library Association supports the principle that Oklahoma libraries are an American value that supports our shared belief that empowerment of the individual results in a stronger, richer society, and
Whereas, the Oklahoma Library Association supports the decisions of local library boards to set their own access policies to library materials.
Whereas, these locally appointed library boards are composed of dedicated citizens in Oklahoma who will continue to do an excellent job for their communities, and
Whereas, the Oklahoma Library Association affirms the right of individuals to express their opinions about library resources and services, now therefore
Be it Resolved that the Oklahoma Library Association supports Oklahoma libraries and Oklahoma librarians who provide opportunities for citizens of all ages and backgrounds to become informed, literate, and culturally enriched.
Adopted by the Oklahoma Library Association Executive Board on Tuesday, May 25, 1999.
Reaffirmed by the Executive Board on Friday, March 17, 2006.
Printable version of the Resolution (PDF)
The Oklahoma Library Association passed a resolution supporting the ALA "Resolution on the USA PATRIOT Act and Related Measures That Infringe on the Rights of Library Users" at its annual membership meeting on March 28, 2003.
RESOLUTION ON THE USA PATRIOT ACT AND RELATED MEASURES THAT INFRINGE ON THE RIGHTS OF LIBRARY USERS
WHEREAS, The American Library Association affirms the responsibility of the leaders of the United States to protect and preserve the freedoms that are the foundation of our democracy; and
WHEREAS, Libraries are a critical force for promoting the free flow and unimpeded distribution of knowledge and information for individuals, institutions, and communities; and
WHEREAS, The American Library Association holds that suppression of ideas undermines a democratic society; and
WHEREAS, Privacy is essential to the exercise of free speech, free thought, and free association; and, in a library, the subject of users' interests should not be examined or scrutinized by others; and
WHEREAS, Certain provisions of the USA PATRIOT Act, the revised Attorney General Guidelines to the Federal Bureau of Investigation, and other related measures expand the authority of the federal government to investigate citizens and non-citizens, to engage in surveillance, and to threaten civil rights and liberties guaranteed under the United States Constitution and Bill of Rights; and
WHEREAS, The USA PATRIOT Act and other recently enacted laws, regulations, and guidelines increase the likelihood that the activities of library users, including their use of computers to browse the Web or access e-mail, may be under government surveillance without their knowledge or consent; now, therefore, be it
RESOLVED, That the American Library Association opposes any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry; and, be it further
RESOLVED, That the American Library Association encourages all librarians, library administrators, library governing bodies, and library advocates to educate their users, staff, and communities about the process for compliance with the USA PATRIOT Act and other related measures and about the dangers to individual privacy and the confidentiality of library records resulting from those measures; and, be it further
RESOLVED, That the American Library Association urges librarians everywhere to defend and support user privacy and free and open access to knowledge and information; and, be it further
RESOLVED, That the American Library Association will work with other organizations, as appropriate, to protect the rights of inquiry and free expression; and, be it further
RESOLVED, That the American Library Association will take actions as appropriate to obtain and publicize information about the surveillance of libraries and library users by law enforcement agencies and to assess the impact on library users and their communities; and, be it further
RESOLVED, That the American Library Association urges all libraries to adopt and implement patron privacy and record retention policies that affirm that "the collection of personally identifiable information should only be a matter of routine or policy when necessary for the fulfillment of the mission of the library" (ALA Privacy: An Interpretation of the Library Bill of Rights); and, be it further
RESOLVED, That the American Library Association considers sections of
the USA PATRIOT Act are a present danger to the constitutional rights
and privacy rights of library users and urges the United States Congress
to: provide active oversight of the implementation of the USA PATRIOT
Act and other related measures, and the revised Attorney General
Guidelines to the Federal Bureau of Investigation; hold hearings to
determine the extent of the surveillance on library users and their
communities; and
amend or change the sections of these laws and the guidelines that
threaten or abridge the rights of inquiry and free expression; and, be
it further
RESOLVED, That this resolution be forwarded to the President of the United States, to the Attorney General of the United States, to Members of both Houses of Congress, to the library community, and to others as appropriate.
Initiated by: Committee on Legislation
Cosponsored by: Committee on Legislation and Intellectual Freedom
Committee
Endorsed by: OITP Advisory Committee, LITA
Endorsed in principle by: ACRL, ALTA Executive Board, ALSC, ASCLA, AASL
Legislation Committee, Intellectual Freedom Round Table
Prior History: CD#19.1 January 2002, CD#20.5 January 2002, CD#20.3
January 2002
Adopted by the ALA Council, January 29, 2003.