[Thanks to Jeffrey St. Clair for forwarding this. --DBM] From Don Wood, Office For Intellectual Freedom, American Library Association: Following is additional, clarifying information concerning the USA Patriot Act. This information is being provided in response to questions coming to the Office for Intellectual Freedom. May librarians notify the person whose records are the subject of an FBI search warrant issued in an investigation conducted under the new anti-terrorism laws? The provision contained in the USA Patriot Act barring persons or institutions from disclosing that a search warrant has been served does not contain any exceptions that permit notification of the person whose records are the subject of the search warrant. The Freedom to Read Foundation's legal counsel advises OIF that librarians should not notify the person whose records are the subject of the search warrant. Only one jurisdiction, the District of Columbia, requires that a public library notify a patron when the library is served with a court order to turn over the patron's records. Libraries or librarians who are served with a warrant issued under the provisions of the new anti-terrorism law may, and are encouraged to, consult with and seek the assistance of legal counsel to assure that the search warrant is in proper form and shows good cause. Libraries and librarians without legal counsel may seek legal assistance through the Freedom to Read Foundation by calling the Office for Intellectual Freedom and requesting legal advice from Jenner & Block. You do not and should not inform OIF staff or anyone else of the existence of the warrant. Please note, the new law requires a search warrant, not a subpoena. A search warrant can be executed immediately. A subpoena, on the other hand, allows a party a period of time to respond to and contest the court's order. An agent or officer serving a search warrant can begin the search as soon as the warrant is served. The library or its employees are entitled to ask the officer to allow them to consult with legal counsel and to ask that the library's counsel be present for the search, but there is no opportunity or right to quash a search warrant. See also Alert: USA PATRIOT Act <http://www.ala.org/alaorg/oif/alertusapatriotact.html> __________________________ Don Wood Program Officer/Communications American Library Association Office for Intellectual Freedom 50 East Huron Street Chicago, IL 60611 1-800-545-2433, ext. 1 + 4225 Fax: 312-280-4227 <dwoodat_private> <http://www.ala.org/alaorg/oif/> <http://www.ala.org/cipa/cipalegalfund.html> intellectual freedom @ your library Free People Read Freely(r) "Congress Shall Make No Law Respecting an Establishment of Religion, or Prohibiting the Free Exercise Thereof; or Abridging the Freedom of Speech, or of the Press; or the Right of the People Peaceably to Assemble, and To Petition the Government for a Redress of Grievances."-First Amendment ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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