The library media specialist must support the rights of library users to access information.
Does the USA PATRIOT Act have implications for school library media centers?
Do my teachers and students have a right to privacy?
What should I do if I'm faced with a warrant under the USA PATRIOT Act?
Students have the right to quality information and resources. They also have the right to privacy. The questions posed are important in protecting the rights of your library users.
What are the rights of our children and young adults?
These rights are embodied in the following documents. You should know each document very well.
Read
Library Bill of Rights from the American Library Association
Freedom to Read Statement from the American Library Association
Freedom to View Statement from the American Library Association
What are concerns about these rights?
Many librarians are concerned about how the US Patriot Act impacts public and school libraries. The law stresses that government agents can access all library records without probable cause and without notification of patrons. You are also not allowed to tell anyone of the actions of the agents. In other words, an FBI agent could walk into your middle school library, ask for your circulation records, and leave with copies of anything they wish. They can do this without cause. The American Library Association recommends that you obtain legal counsel if presented with a search warrant.
Under the law, the government has access to individual user circulation information (titles of books and videos checked out), Internet history logs (websites visited), email files (even deleted files), threaded discussions, student projects, and any other time of paper or electronic record.
Is this likely to happen in your town? Probably not. However, you need to be aware that it can happen and be prepared.
Read The USA Patriot Act in the Library and USA PATRIOT Act Search Warrant from the American Library Association.
Read Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users from the American Library Association.
Skim some of the materials related to the USA PATRIOT Act.
Skim USA Patriot Act Analyses of
interest.
Read USA PATRIOT Act by Mary Minow in Library Journal (10/1/2002).
Check Your Understanding
Information
Power: Information Access and Delivery - Principle 4.
The library media
program requires flexible and equitable access to information, ideas,
resources for learning. (p. 83, 89)
Make It Real
Do your students have rights? How would you handle the following situation? Do you have a policy to cover this? What are the issues?
Choose one of the following two situations:
You're called to the office by the principal and introduced to two FBI agent. They have a warrant to search your records. They say they have reason to believe that a group of students are planning an illegal activity. What do you do?
Someone broke into the middle school gym's storage area and stole the basketball team uniforms. The white uniforms showed up in tyed-dyed and hanging from the flag pole! The principal wants to see who checked out books on tye dying. What's your response?
Read More About It
Access to Resources and Services in the School Library Media Program: An Interpretation of the Library Bill of Rights from American Association of School Librarians
http://www.ala.org/ala/...
Libraries & the USA Patriot Act
http://www.libsci.sc.edu/bob/...
This is a student project on the topic. Contains great links to information relating to the Act.
Position Statement on the Confidentiality of Library Records from American Association of School Librarians
http://www.ala.org/aasl...
Resolution on the USA Patriot Act and Related Measures that Infringe on the Rights of Library from American Library Association
http://www.ala.org/ala/...