ISSN 0028-9485 March 2004 Vol. LIII No. 2 www.ala.org/nif On January 20, President Bush called for the renewal of the USA PATRIOT Act, the controversial law that has expanded Internet surveillance powers for police and partially expires next year. Using the pageantry of his third State of the Union speech, Bush set in motion a battle over privacy and security that will continue through the presidential cam- paign and will likely climax before the law’s December 31, 2005, partial expiration date. “Key provisions of the PATRIOT Act are set to expire next year,” Bush said. “The terrorist threat will not expire on that schedule. Our law enforcement needs this vital legislation to protect our citizensyou need to renew the PATRIOT Act.” One section that will expire permits police to conduct warrantless Internet surveillance with the permission of a network operator. A second section permits police to share the contents of wiretaps or Internet surveillance with the Central Intelligence Agency, the Bush National Security Agency and other security agencies. Another section makes it easier for prosecutors to seek search warrants for electronic evidence. A fourth, Section 215, wants became well known after some librarians alerted visitors that it permits the FBI to learn what books a patron has read and what Web sites a patron visited and prohibits the recipient of such an order from disclosing that it exists. PATRIOT Keeping those portions of the law intact will permit “federal law enforcement to better share information, to track terrorists, to disrupt their cells and to seize their assets,” Bush said. Act renewed Enacted a month after the September 11, 2001, terrorist attacks, the PATRIOT Act became a target of criticism for giving police broad powers and allegedly curbing civil liberties in the process. Democratic presidential candidates have criticized it to varying extents, with Sen. John Kerry saying last December that he would take a hard look at the PATRIOT Act. “We will put an end to ‘sneak and peak’ searches, which permit law enforcement to conduct a secret search and seize evidence without notification,” said Kerry, who acknowledged that he voted for the measure in 2001. “Agents can break into a home or business to take photos, seize property, copy computer files or load a secret keystroke detec- tor on a computer. These searches should be limited only to the most rare circumstances.” (continued on page 86) Published by the ALA Intellectual Freedom Committee, Nancy C. Kranich, Chair v53n2_final.qxd 3/5/2004 3:43 PM Page 38 Don’t You Dare Read This, Mrs. Dunphrey ....................52 in this issue Eat Me..............................................................................47 FSB: Blowing up Russia [Russia] ..................................79 Great Sex Tips..................................................................50 Bush wants PATRIOT Act renewed ................................37 The Illustrated Guide to Extended Massive Orgasm ......50 The Joy of Gay Sex ..........................................................50 IFC report to ALA Council..............................................39 LPG: The Lubyanka Criminal Group [Russia] ..............79 A Lesson Before Dying ....................................................53 FTRF report to ALA Council ..........................................41 National History, 20th Century [Russia] ........................77 The Road Less Traveled ..................................................53 Downs Award winners ....................................................43 Roll of Thunder, Hear My Cry ........................................75 Sex Toys 101 ....................................................................50 CDT releases proposed filter guidelines..........................43 A Stone in My Hand ........................................................47 almanacs may aid terrorists ............................................44 films ACLU files UN complaint on 9/11 detainees..................45 Jenin, Jenin ......................................................................52 Relentless: The Struggle for Peace in Israel ..................52 historians defend free discussion ....................................87 in review: Religious Expression and the American Constitution and Christianity and the Mass Media in America............................................................................46 censorship dateline: libraries, schools, colleges and universities, political art, foreign ......................47 from the bench: U.S. Supreme Court, schools, war on terror, Internet, freedom to demonstrate ......55 Views of contrubutors to the Newsletter on Intellectual Freedom is it legal?: library, schools, church and state, are not necessarily those of the editors, the Intellectual Freedom access to information, freedom to Committee, or the American Library Association. demonstrate, privacy and surveillance, (ISSN 0028-9485) broadcasting, Internet, copyright, harmful to minors ..................................................................65 Newsletter on Intellectual Freedom is published bimonthly (Jan., Mar., May, July, Sept., Nov.) by the American Library Association, success stories: school ....................................................75 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- able online at www.ala.org/nif. Subscriptions: $70 per year (print), which includes annual index; $50 per year (electronic); and $85 per year (both print and electronic). For multiple subscriptions to the same address, and for back issues, please contact the Office targets of the censor for Intellectual Freedom at 800-545-2433, ext. 4223 or books [email protected]. Editorial mail should be addressed to the Office of Always Running ..............................................................51 Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL at additional mailing The Bluest Eye ................................................................50 offices. POSTMASTER: send address changes to Newsletter on Deenie ..............................................................................48 Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 38 Newsletter on Intellectual Freedom v53n2_final.qxd 3/5/2004 3:43 PM Page 39 IFC report to ALA Council Because the USA PATRIOT Act already authorizes the FBI to obtain client records from “financial institutions” by The following is the text of the ALA Intellectual Freedom merely requesting them in a “National Security Letter,” Committee’s report to the ALA Council presented at the which can be obtained without judicial review or a showing ALA Midwinter Meeting in San Diego, California, on of probable cause, President Bush and Congress have effec- January 14 by IFC Chair Nancy Kranich.. tively granted the FBI far-reaching powers to pry into our The ALA Intellectual Freedom Committee (IFC) is private lives. In addition, National Security Letters impose pleased to present this update of its activities. This report a gag order, preventing financial institutions from inform- covers the following topics: the post-CIPA environment, ing clients that their records have been surrendered to the USA PATRIOT Act, RFID technology, the Privacy Tool FBI. Institutions that breach gag orders face criminal penal- Kit, the impact of media concentration on diversity of ties. resources available through libraries, and other activities. The IFC will continue to provide information on how the USA PATRIOT Act and its enhancements affect The Post-CIPA Environment libraries and library users. For the most up-to-date informa- The U.S. Supreme Court decided that the Children’s tion, please continue to visit www.ala.org/oif/ifissues/usap- Internet Protection Act (CIPA) is constitutional in June atriotact. 2003. Since the ruling, the Office for Intellectual Freedom OIF and the Washington Office are working with a (OIF) has worked with the Office of Information broad coalition to support the legislative measures before Technology Policy (OITP), other ALA units, librarians Congress that would limit the expanded powers granted to throughout the profession, and technology experts to ana- law enforcement by the USA PATRIOT Act. These meas- lyze this decision, determine next steps, and move forward. ures include Bernie Sanders’ Freedom to Read Protection Despite this ruling, the responsibilities of librarians to Act (one of ten pieces of legislation). For more information, provide access to constitutionally protected materials have visit the page “Pending Legislation Concerning the USA not changed. We continue to support access to information PATRIOT Act,” found from www.ala.org/oif/ifissues/usap- by library users of all ages. New resources about CIPA are atriotact. posted regularly on our Web site at www.ala.org/cipa. USA PATRIOT Act Buttons Libraries and the Internet Tool Kit The Office for Intellectual Freedom has introduced a In December, ALA released an updated and revised new product for the thousands of librarians who fight every Libraries & the Internet Toolkit that includes information to day to protect the privacy rights of library users. “Another assist librarians making decisions about Internet filtering in ‘Hysteric’ Librarian for Freedom” button acknowledges response to the CIPA requirements. this important work while referencing the recent misstate- In addition, the Tool Kit includes: ment by U.S. Attorney General John Ashcroft. If you missed buying buttons at the ALA