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Courts, Presidential Panel Divided on NSA Data Collection Editor: Henry Reichman, California State University, East Bay Founding Editor: Judith F. Krug (1940–2009) Publisher: Barbara Jones Office for Intellectual Freedom, American Library Association ISSN 1945-4546 January 2014 Vol. LXIII No. 1 www.ala.org/nif Within two weeks in December two federal district court judges in differing circuits issued diametrically opposed rulings in cases challenging the National Security Agency’s program of “metadata” collection of telephone data, thus setting up a potential Supreme Court consideration of the issue. In November, the Supreme Court declined to hear an unusual challenge to the program by the Electronic Privacy Information Center, which had sought to bypass lower courts (see page 15). In the meantime a presidential review panel issued a report on the issue with a series of recommendations that would impose new limits on the program. The decisions, along with the recommendations issued by the presidential review group, illustrate the absence of agreement about the effectiveness and legality of the pro- gram, which, one judge said, “vacuums up information about virtually every telephone courts, call to, from or within the United States.” That information is “metadata”—the phone numbers involved, when calls were made and how long they lasted. presidential In the first ruling, issued December 16, Judge Richard J. Leon of the U.S. District Court for the District of Columbia decided that the NSA program most likely violates the panel divided Constitution, describing its technology as “almost Orwellian” and suggesting that James Madison would be “aghast” to learn that the government was encroaching on liberty in on NSA data such a way. Judge Leon ordered the government to stop collecting data on the personal calls of the two plaintiffs in the case and to destroy the records of their calling history. But Judge collection Leon, appointed to the bench in 2002 by President George W. Bush, stayed his injunction “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues,” allowing the government time to appeal it, which he said could take at least six months. “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary’ invasion than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Judge Leon wrote in a 68-page ruling. “Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment,” which prohibits unreasonable searches and seizures. Andrew Ames, a Justice Department spokesman, said government lawyers were studying the decision, but he added: “We believe the program is constitutional as previous judges have found.” (continued on page 28) Published by the ALA Intellectual Freedom Committee, Martin Garnar, Chair Occupied America: A History of Chicanos .......................9 in this issue Pedagogy of the Oppressed ...............................................9 Rethinking Columbus: The Next 500 Years .......................9 courts, presidential panel divided on NSA World History .....................................................................9 data collection ....................................................................1 ALA backs legislation to limit NSA ..................................3 FTRF files brief in lawsuit challenging Arizona’s ethnic studies ban ..........................................................................4 school use of web tools puts data at risk ...........................5 Kids Right to Read Project says book challenges increased in 2013 ...............................................................................6 DaNae Leu receives 2013 Downs Intellectual Freedom Award ................................................................................6 censorship dateline: libraries, schools, colleges and universities .........................................................................7 from the bench: U.S. Supreme Court, National Security Agency, copyright, schools, press freedom .....................15 is it legal?: library, schools, colleges and universities, copyright ..........................................................................21 success stories: libraries, schools, art ..............................25 targets of the censor books The Absolutely True Diary of a Part-Time Indian ... 6, 10, 14 American Government and Politics Today ......................13 Biology .............................................................................22 Bless Me, Ultima ......................................................... 6, 26 The Bluest Eye ...................................................................6 Views of contributors to the Newsletter on Intellectual Freedom Chicano! The History of the Mexican American Civil Rights are not necessarily those of the editors, the Intellectual Freedom Movement ....................................................................9 Committee, nor the American Library Association. The Color Purple ........................................................ 6, 12 (ISSN 1945-4546 ) Critical Race Theory ..........................................................9 The Dark Knight Rises: I Am Bane .................................25 Newsletter on Intellectual Freedom is published bimonthly (Jan., Eleanor & Park ................................................................25 Mar., May, July, Sept., Nov.) by the American Library Association, 500 Years of Chicano History in Pictures .........................9 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- The House of the Spirits ............................................. 6, 27 able online at www.ala.org/nif. Subscriptions: $70 per year (print), I Hunt Killers ...................................................................10 which includes annual index; $50 per year (electronic); and $85 per year (both print and electronic). For multiple subscriptions In Our Mothers’ House ......................................................6 to the same address, and for back issues, please contact the In the Company of Sherlock Holmes ...............................20 Office for Intellectual Freedom at 800-545-2433, ext. 4223 or Invisible Man .....................................................................6 [email protected]. Editorial mail should be addressed to the Office of The Librarian of Basra ....................................................11 Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL and at additional mailing Message to Aztlan ..............................................................9 offices. POSTMASTER: send address changes to Newsletter on Nasreen’s Secret School ..................................................11 Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. January 2014 2 ALA backs legislation to limit NSA agent. The bill, introduced October 29 would require the NSA to get court orders to search U.S. residents’ communi- The nation’s libraries are backing legislation that would cations obtained without individualized warrants. curb the powers of the National Security Agency. Sponsors of the bill include Senator Patrick Leahy, a Revelations about NSA surveillance have created a “cli- Vermont Democrat and chairman of the Senate Judiciary mate of concern” for libraries, which are seeking to defend Committee, and Representative Jim Sensenbrenner, a the freedom to read and research away from the govern- Wisconsin Republican, and main author of the USA ment’s prying eyes. “You need to have some freedom to PATRIOT Act of 2001, the law the NSA points to as author- learn about what you think is important without worry- ity for the bulk telephone records collection program. ing about whether it ends up in some FBI file,” said Alan In a column in the online magazine Politico pub- Inouye, director of the Office for Information Technology lished the day before the bill was introduced, Leahy and Policy at the American Library Association. Sensenbrenner wrote: Government snooping of libraries has a long history. “Since the revelation that the National Security Agency Under the USA PATRIOT Act, for example, the FBI has is collecting the details of Americans’ phone calls on an the power to compel libraries to hand over user data. But unprecedented scale, it has come out that the government the activities of the NSA seem to go far beyond traditional searches the content of huge troves of emails, collects in police work, reflecting an “almost ravenous hunger” for bulk the address books from email accounts and social collecting information, according to Lynne Bradley, direc- networking sites, at least temporarily collected geolocation tor of the ALA’s Office of Government Relations. data from our cellphones, committed thousands of privacy Documents leaked by former NSA contractor Edward violations and made substantial misrepresentations to courts Snowden show the NSA has been collecting vast troves of and Congress. “metadata” on Internet activity and phone calls that shows “Not only do many of these programs raise serious legal when communications were made, who was involved and questions, they have come at a high cost to Americans’ how long it lasted. privacy rights, business interests and standing in the inter- That’s especially troubling to the ALA, as “libraries are national community. It is time for a new approach.” all
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