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 |