Chapter 11 Internet Services and Privacy |Next Chapter | Return to Table of Contents
Library Policies | Intellectual Freedom | Privacy Rights | GRAMA | Law Enforcement Requests | Patriot Act
Internet in the Library
Public library access to the Internet has presented new challenges for library directors and boards. Providing public access to the Internet has helped libraries draw a new influx of customers, improve access to materials previously only found in larger libraries, and make access to technology more equitable. The public expects to find online resources fully integrated with traditional library services. On the other hand, when the Internet is used in a public space funded by public tax dollars, libraries are compelled to adopt policies specific to Internet use that meet several legal tests.
Library Policies and Legal Issues
Access to the Internet in the public library has brought with it greater state and federal involvement in the implementation of policies designed to block access to visual materials that are obscene, harmful to minors, or child pornography. The Federal Children’s Internet Protection Act (CIPA) mandates Internet filters on library computers used by minors in order to receive LSTA or E-Rate funds. The Utah Children’s Internet Protection Act (HB 157, 2000) issues a similar mandate to libraries in order to receive State Development Grant funds. Utah libraries are required to have a current Internet and Online Access Policy on file with the State Library. The library’s Internet policy must be reviewed and re-adopted by the board every three years. A lot hinges on this most important policy: 1) your library’s ability to get Federal and/or State funds, 2) the Library Director’s and his/her staff’s ability to deal effectively with patron Internet usage, and 3) the library’s ability to respond to challenges to the policy and possible legal actions.
Public libraries are institutions dedicated to the ideal of freedom of expression and inquiry with access for all citizens to a full range of ideas, including controversial or unpopular ideas. As a library trustee, your commitment to freedom of information will be frequently challenged. You may be asked to tolerate ideas that offend your sensibilities or cause conflict with your personal beliefs. But as a library trustee, you are expected to defend public access to such information. Federal and state courts have invoked the First Amendment countless times times in support of the principle of freedom of information. This basic right of every citizen to have unrestrained access to all kinds of information is also known as Intellectual Freedom.
Patrons’ Right to Privacy
Another cherished library tradition is unwavering support for library patrons’ right to privacy. Individuals who access information in public libraries have the right to keep their reading and information records private. Most circulation systems purge the patron’s check out history when materials are returned leaving only the current usage record accessible. Patron registration records are classified as “private records” and protected from random, public disclosure by Utah’s GRAMA law.
GRAMA, Utah Code 63-2-202, Government Records and Management Act, protects the privacy rights of library patrons. The law restricts public access to “records of publicly funded libraries that when examined alone or with other records identify a patron” (63-2-302-1-c). GRAMA permits some sharing of private, controlled or protected records among government entities, but states very clearly that the records of publicly funded libraries “may not be shared under this section” (63-2-206-9-b). Libraries should correctly require a court order or subpoena before disclosing any information about patron records and should immediately contact their local attorney for guidance. Boards should adopt a policy covering the procedures for handling requests for patron information and ensure that the director and staff are fully trained on how to respond to this issue.
Confidentiality of a minor’s reading record is another issue that libraries are greatly concerned about. Utah does not have a specific law in this regard. Boards would do well to develop individual library policies detailing how they will handle requests for library information on minors’ reading records.
Law Enforcement Requests
Law enforcement officials may legally gain access to library records in either of two ways: by executing a court issued subpoena, or by obtaining a search warrant from a judge. Ideally, the library administration (trustees and library director) will have the opportunity to develop a policy for responding to requests for information from law enforcement authorities before such time as a search warrant may be presented.
The Patriot Act and Library Records
With implementation of the USA PATRIOT ACT (PL 107-56), passed by Congress in the wake of the September 11, 2001 terrorist attacks on the United States, the possibility of library staff being presented with a search warrant has increased. The U.S. Attorney General has issued revised guidelines expanding the FBI’s investigative powers, which allow for very broad surveillance of library users and their activities. Reauthorization of key sections of the Act is scheduled for Congressional action in late 2005.
Since the anti-terrorism law requires the FBI to obtain a search warrant or court order before requesting records, there does not appear to be a conflict between the federal law and state confidentiality laws. More information about the Patriot Act and its possible ramifications for libraries can be found at the American Library Association web site.