Thursday, November 13, 2003
Copyright © Las Vegas Review-Journal

STEVE SEBELIUS: A patriot's act

Late last month, The Wall Street Journal carried a story about open defiance of the FBI.

It was about librarians.

In the wake of the passage of the USA Patriot Act, librarians have been on the front lines of opposition, largely because of Section 215, which gives federal agents the power to find out who's been reading what in public libraries. Furthermore, it forces librarians to keep silent once a subpoena has been served.

In response, libraries are engaging in a bit of legal civil disobedience: They destroy records once a book has been returned and any overdue fines are paid, so that if the G-men come calling, there's nothing to search. (Attorney General John Ashcroft said recently Section 215 has never been used in an investigation.)

But that doesn't mean it won't ever be used, nor that its use will apply only to terrorism investigations. Another section of the Patriot Act was recently used in Las Vegas to subpoena financial records connected to the ongoing political corruption investigation. That's why Las Vegas libraries are moving to ensure their patrons won't see privacy sacrificed to the Patriot Act.

Currently, the library's computers will purge a patron's name when a book is returned, so federal authorities can find out what you're reading only while you're reading it. But a policy change that will be taken up at tonight's library district board meeting will make that custom an official policy of the district.

"This memorializes the policy, and it also sets by policy something we can turn to when questioned by outside authorities," says Dan Walters, the library district's executive director. "This makes it a matter of policy rather than administrative procedure or practice." So in the unlikely event that future library officials are more amenable to cooperating with the feds, they'd have to first convince the library board to go along.

Moreover, the policy dictates that any subpoena for records must first go to the library's lawyer and Walters before information can be released, to ensure the proper legal paperwork is in order. And computer users will be protected from privacy violations with computers that purge daily the Web sites visited or information accessed.

The library's action comes after the Nevada Library Association adopted a resolution that mirrors one written by the American Library Association, putting the unfettered flow of information ahead of other concerns.

"Whereas the USA Patriot Act, Homeland Security Act, and related regulations allow records of library users to be under surveillance without their knowledge or consent; and whereas the new federal laws and policies disproportionately affect individuals who rely on public access to materials and computers in libraries, therefore, be it resolved that the Nevada Library Association opposes use of government power to suppress the free and open exchange of ideas and information," the resolution reads, in part.

"Be it further resolved, that the Nevada Library Association condemns legislation or government action that threatens the constitutional rights and privacy rights of library users; and be it further resolved that the Nevada Library Association urges Congress to repeal sections of the USA PATRIOT Act and Homeland Security Act which violate fundamental rights and liberties guaranteed in the United States Constitution, the Bill of Rights and laws of the state of Nevada."

Amen to that.

Some will argue that, by destroying records, librarians may hinder a federal investigation that could result in the capture of terrorists.

But is that worth sacrificing the privacy of potentially every single library user, violating the spirit and the letter of the U.S. Constitution and gagging librarians in the process? Hardly. Far from aiding and abetting terrorists, the librarians who object to the Patriot Act are themselves the patriots.

What can you do about it? Even Congress feared the provisions of the Patriot Act enough to put an expiration date on the law, which comes up in 2005. Of Nevada's congressional delegation, only U.S. Rep. Shelley Berkley and U.S. Sen. Harry Reid have thus far had the foresight to say that, while they voted for the original law, they're not inclined to vote for renewal unless problematic sections are repealed.

And there's a campaign kickoff at noon today on the steps of the Lloyd George Federal Courthouse, 333 Las Vegas Blvd. South, where a coalition of groups will come together to pass a local resolution against the Patriot Act similar to one that's been approved in 200 other local jurisdictions. Groups as diverse as the Nevada Eagle Forum and the American Civil Liberties Union are united on this one.

From librarians to regular citizens of all political stripes, history ought to record as true patriots those who stood up against this act. The library is doing it. So are conservative and liberal groups. How about you?

Steve Sebelius is a Review-Journal political columnist. His column runs Tuesday, Thursday and Sunday. Reach him at 383-0283 or by e-mail at ssebelius@reviewjournal.com.