ISSN 0028-9485 November 2003 Volume LII No. 6 www.ala.org/nif Attorney General John Ashcroft accused the American Library Association and other critics of the USA PATRIOT Act September 16 of fueling ‘‘baseless hysteria’’ about the government’s ability to pry into the public’s reading habits. In an unusually pointed attack as part of a speech in defense of the Bush administration’s counterterrorism initiatives delivered in Memphis, Tennessee, Ashcroft mocked and condemned the ALA and other Justice Department critics for believing that the F.B.I. wants to know ‘‘how far you have gotten on the latest Tom Clancy novel.’’ ‘‘If he’s coming after us so specifically, we must be having an impact,’’ said Emily Sheketoff, executive director of ALA’s Washington office. Ashcroft Mark Corallo, a spokesman for the department, said the speech was intended not as an attack on librarians, but on groups like the American Civil Liberties Union and politicians attacks who he said had persuaded librarians to mistrust the government. The ALA ‘‘has been somewhat duped by those who are ideologically opposed to the Patriot Act,’’ Corallo said. Ashcroft’s remarks, he said, ‘‘should be seen as a jab at those who would mislead librarians librarians and the general public into believing the absurd, that the F.B.I. is running around monitoring libraries instead of going after terrorists.’’ over Patriot ALA President Carla Hayden responded to Ashcroft in a prepared statement, which read: Act “The American Library Association (ALA) has worked diligently for the past two years to increase awareness of a very complicated law—the USA PATRIOT Act—that was pushed through the legislative process at breakneck speed in the wake of a national tragedy. Because the Department of Justice has refused our requests for information about how many libraries have been visited by law enforcement officials using these new pow- ers, we have focused on what the law allows. The PATRIOT Act gives law enforcement unprecedented powers of surveillance—including easy access to library records with min- imal judicial oversight. (continued on page 258) Published by the ALA Intellectual Freedom Committee, Nancy C. Kranich, Chair targets of the censor in this issue books Brave New World............................................................245 Ashcroft attacks librarians..............................................218 Crazy ..............................................................................225 Gulliver’s Travels [Pakistan] ..........................................227 statement from ALA President ......................................219 Jewel in the Crown [Pakistan]........................................227 Joseph Andrews [Pakistan] ............................................227 ALA seeks public input on homeland A Stone in My Hand........................................................223 security information........................................................219 Stranger in a Strange Land ............................................245 The Sun Also Rises [Pakistan] ......................................227 We All Fall Down ..........................................................225 California survey reveals FBI visited 16 libraries ........220 What My Mother Doesn’t Know ....................................223 settlement in Minneapolis ..............................................220 periodicals most censored stories of 2002–03 ..................................221 Dallas Observer..............................................................253 “Doonesbury” comic strip ..............................................225 ACLU challenges PATRIOT Act....................................222 Gay Guardian ................................................................231 Reader’s Guide ..............................................................224 PATRIOT Act used to pursue non-terror crimes ............222 artists Bush urges wider anti-terrorism powers ........................224 Jesus Castillo ..................................................................230 John Steins......................................................................226 Senate votes to repeal new media rules..........................224 261 lawsuits filed on music sharing ..............................225 Internet censorship hits ‘all-time high’ ..........................226 Views of contributors to the Newsletter on Intellectual Freedom are not necessarily those of the editors, the Intellectual Freedom Committee, or the American Library Association. censorship dateline: libraries, schools, periodicals, Internet, art, foreign ............................227 (ISSN 0028-9485) Newsletter on Intellectual Freedom is published bimonthly (Jan., from the bench: U.S. Supreme Court, libraries, March, May, July, Sept., Nov.) by the American Library Association, church and state, university, protest, 50 E. Huron St., Chicago, IL 60611. The newsletter is also available broadcasting, Internet, commercial speech, online at www.ala.org/nif. Subscriptions: $70 per year (print), which includes annual index; $50 per year (electronic); and $85 per year zoning ......................................................................233 (both print and electronic). For multiple subscriptions to the same address, and for back issues, please contact the Office for is it legal?: libraries, schools, colleges and Intellectual Freedom at 800-545-2433, x4223 or [email protected]. Editorial mail should be addressed to the Office of Intellectual universities, protest, privacy, online piracy, Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical libel, obscenity................................................................241 postage paid at Chicago, IL at additional mailing offices. POST- MASTER: send address changes to Newsletter on Intellectual success stories: schools ..................................................249 Freedom, 50 E. Huron St., Chicago, IL 60611. 218 Newsletter on Intellectual Freedom ALA reaffirms core values, staff nationwide help ensure Internet safety and educa- tion, including using “white lists” like Great Web Sites commitment to members for Kids (www.ala.org/greatsites), Internet classes for a statement from ALA President Carla Hayden children and families, and Internet policies and proce- On August 23, a group of librarians and trustees repre- dures. As the National Research Council has stated, there senting many of ALA’s committees, divisions and libraries is no “silver bullet.” Parents must not be lulled into a of all types gathered to discuss how best to serve libraries false sense of security with filters. We must teach chil- and the millions of people who depend on their services in dren to protect their privacy online and find the best the light of the recent Supreme Court ruling on the Children’s Web has to offer while avoiding illegal information. Internet Protection Act (CIPA). I was proud to be a part of a ● Work with state chapters to oppose any further efforts to process that reaffirmed our profession’s fundamental values mandate filters in libraries. of equity of access and intellectual freedom for all. ● Gather and share additional research on the impact of Librarians nationwide today are working in a changed implementing filters. Equity of access is a core value of environment. We continue to oppose the use of filters that the library profession and the ALA, and we must be clear block access to constitutionally protected speech and believe that installing filters that block access to safe and legal filters are not the best way to ensure library users have a safe information deepens the digital divide between those and enriching online experience. Now, however, many who have Internet access at home, work or school and library staff and trustees need to make informed decisions those who ‘have not.’ Public libraries are the main access that minimize restrictions on access to legal and useful infor- point for millions of Americans who do not otherwise mation online in light of CIPA. have access to the wide world of information available The American Library Association (ALA) has a long tra- online, and we must ensure that libraries continue to dition of providing practical, real-life assistance to our mem- serve all people equally. bers, as well as developing best practices and ideals for qual- The ALA and its various units are committed to their 127- ity service. At the meeting, ALA representatives from across year tradition of serving library staff and the millions of the country recommitted themselves to developing the dif- Americans who depend on school and public libraries. I am ferent tools necessary to inform and assist librarians and the grateful for the time everyone took on Saturday [August 23] communities they serve. to think seriously and strategically together, and I look for- In the coming weeks, ALA members and staff will: ward to sharing more information and resources as they are ● Gather current information on the cost of various techno- developed and vetted by library leaders nationwide. logical protection measures, including software, mainte- nance, staffing and other costs libraries encounter when they begin a program using these measures. Because CIPA is an unfunded mandate, library boards must have ALA seeks public input on rules for the best information possible to determine financial impacts, particularly at a time when book budgets, hours homeland security information of service and staff are being cut because of budget The American Library