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May 18, 2003
Articles: Paradise lost?
JORGE Luis Borges wrote, “I had always imagined paradise as a kind of library.” For me, after scouring for books at Khori Gardens, books-frozen-in-time from the University of Karachi, and settling for what came your way at the British Council Library, Chicago’s libraries have virtually been paradise on earth. Then in the wake of the September 11 attacks, reading about Section 215 of the USA Patriot Act (The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Freedom Act) allowing FBI agents to access public library records and demand from bookstore owners their customers’ buying habits, I felt it was a mindless act of intrusion.
Paradise lost, I rued, or if not, then flawed. Recently, the media watch dog, Freimut Duve of the Organization for Security and Cooperation in Europe, condemned the FBI and the US Immigration and Naturalization Service for monitoring library records and bookstore receipts under the USA Patriot Act. They fear that it would set a precedent in other countries for similar acts that abuse civil liberties.
It’s not just international organizations that have been critical. Libraries across the United States have also rallied together to protect the freedom to read as a basic right in any democratic society. The 127-year-old American Library Association (ALA) is spearheading this debate and defending the rights of library users to read what they will and speak out freely. By 2005, the organization has committed itself to being recognized as the leading voice for First Amendment rights.
Judith F. Krug, director of the American Library Association’s Office for Intellectual Freedom, gave an upbeat talk in Chicago, lending insights into the details of the act, how it would affect the library patrons, and the association’s repugnancy towards it.
She said that the issue was hardly new, for the FBI had conducted similar surveillance programmes in the past. Earlier the search warrant was issued if lawyers had a “probable cause” to suspect an individual of involvement in a criminal activity. The difference, however, this time is that the court order for surveillance comes with a gag order issued by a secret court, created in 1978 to rule for national security related wire-taps or searches. This does not allow the librarian to inform the concerned patron that his records are being monitored. Krug also mentioned that teamsters and the postal service personnel too had been approached to report on suspicious behaviour by people. She cheered the postal service for refusing to comply for spying on people they have pledged themselves to serve.
Krug said that librarians would be urged to limit the amount of information kept on patrons. Libraries keep no records of books once they have been returned on time. An increasing number of libraries shred sign-up sheets at the end of the day and empty memory caches for using the internet to avoid with parting of information to law-enforcement agencies.
The access to patrons’ internet usage came under scrutiny as the 9/11 terrorists had used library computers to exchange information and make purchases. This information was first provided by a Florida librarian as she felt compelled as a law-abiding citizen to inform the authorities, but it drew criticism from other librarians who said that patron information should only have been revealed if a subpoena had been issued.
Earlier, librarians considered setting up signs in libraries that warned patrons about the act, but decided not to. But with the ALA passing a resolution in January 2003 on the USA Patriot Act and related measures that infringe on the rights of library users, the issue is gaining momentum. The ALA website gives detailed guidelines on “what to do before, during and after a ‘knock at the door’.”
Recently, an increasing number of libraries have chosen to put up warning signs, specifically stating that their surfing habits and email content may be monitored by federal agents and to “Please act appropriately”. Margot Burke, Press Secretary of Chicago Public Libraries, when contacted about their official position said they had no comment to offer.
Larra Clark, Press Officer at the ALA said, “The association has held educational forums for librarians to review their patron privacy. The ALA also created a satellite teleconference programme where a panel discussed the issue and callers could participate which is available on a video.”
The Justice Department has denied access to the number of people whose records have been monitored. An ongoing lawsuit filed by The American Civil Liberties Union in October 2002 seeks the same information. The cause has also been taken up by the House of Representative’s Bernie Sanders who has introduced legislation, ‘Freedom to Read Protection Act’, seeking exemptions from certain provisions of the Patriot Act, and has the ALA’s strong support. The ALA says that the FBI’s Library Awareness Programme of the ’70s and ’80s was a mistake that they are “determined not to commit”.
Recently, America celebrated the contributions of libraries and librarians during the 45th annual National Library Week (April 6-12). “Only free countries have free libraries,” said ALA President Maurice J. Freedman. The ALA also honoured the Chicago mayor Richard Daley for promoting reading and libraries in this city of readers. “With the faltering economy and changing world events, our freedom to read freely and widely has never been more important,” said Freedman.
Paradise regained, soon on earth, I hope.
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