Refuge of a scoundrel : the Patriot Act in libraries

Title:

Author:

Foerstel, Herbert N.

ISBN:

9781591581390

Publication Information:

Westport, Conn. : Libraries Unlimited, 2004

Physical Description:

xiv, 218 p. : forms ; 24 cm

Contents:

1. A recent history of library surveillance -- Background -- The library awareness program -- Origins in the New York office -- The FBI meets congress -- The controversy escalates -- It only hurts when we laugh -- A selective survey of library visits -- Winding down a troubled program -- The role of librarians in FBI surveillance -- The special libraries association -- Librarians as potential KGB agents -- Paint the critics red -- The law and library surveillance -- 2: The USA Patriot Act -- Passage of the bill -- General provisions -- Provisions directly affecting libraries -- National security letters and emergency foreign intelligence warrants -- Sunsetted provisions -- Blurring the distinction between criminal justice and counterintelligence -- 3: The Patriot Act in libraries and bookstores -- Fearing the worst -- What are you going to do when they come for you? -- Destroying patron records before they can be seized -- FBI advice and reassurance -- Documenting those elusive federal visits to libraries -- Gag orders -- 4: Making things worse: government actions beyond the Patriot Act -- Executive orders, regulations, and administrative guidelines -- Homeland security act -- Total information awareness -- TIPS program -- CAPPS II -- Patriot Act II and the victory act -- Ashcroft's national tour -- State anti-terrorism legislation in the wake of 9/11 -- 5: Fighting back: responses to the Patriot Act -- Congressional oversight of the Patriot Act -- Public oversight of the Patriot Act -- The Patriot Act in art and humor -- Legislative attempts to modify the Patriot Act -- State, local, and professional resolutions opposing the Patrio Act -- Ashcroft on the offensive -- The truth, the whole truth, and nothing but the truth?

Subject Term:

Library records -- Law and legislation -- United States.

Library surveillance -- United States.

Bookstores -- Records and correspondence -- Law and legislation -- United States.

Libraries and state -- United States.

Corporate Subject:

United States. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.

Available:

Library	Call Number	Material Type	Status
Searching... State Library of Oregon	344.73092 Foers	4-Week Loan	Searching... Unknown

Bound With These Titles

On Order

Summary

The USA Patriot Act may be the most complex and controversial federal statute in American history, argued to undercut American civil liberties in countless ways, including a dramatic extension of domestic surveillance. Providing a broad picture of how the new surveillance powers affect all Americans--citizens and non-citizens alike--the lessons of this book will be relevant to any businesses that maintain personnel records and electronic data that were considered confidential before the Patriot Act, as well as a broad range of individuals, including librarians, bookstore owners, students, scholars, journalists, businessmen, and anyone concerned with American civil liberties.

Informative appendices include the historic University of Illinois survey of public library surveillance since September 11, 2001, and copies of some of the standard court orders that may be served to libraries and bookstores.

Author Notes

HERBERT N. FOERSTEL is former Head of Branch Libraries, University of Maryland, College Park, and currently serves on the advisory boards of the Freedom to Read Foundation and the National Security Archive. He has authored nine books on First Amendment topics and numerous articles and reviews, the most recent of which was the review of the four-volume set, Censorship: A World Encyclopedia for the Journal of Information Ethnics . Among his previous publications: Freedom of Information and the Right to Know: The Origins and Applications of the Freedom of Information Act (1999), From Watergate to Monicagate: Ten Controversies in Modern Journalism and Media (2001), and Banned in the Media: A Reference Guide to Book Censorship in Schools and Public Libraries , revised and expanded edition (2002).

Reviews (2)

Booklist Review

When Attorney General John Ashcroft accused some librarians of baseless hysteria in their opposition to the USA Patriot Act, the controversy surrounding this legislation--enacted by Congress following the 9/11 attacks--expanded further. Foerstel, a librarian and author of several works on the First Amendment, has written a passionate attack on the law and describes its negative impact on library users, librarians, and libraries throughout the country. A diligent researcher, he combed the print literature and the Web and even conducted personal interviews with some government officials and librarians to buttress his case against this legislation. Needless to say, a book entitled Refuge of a Scoundrel does not purport to offer a balanced perspective, and one can't fault an author for not writing the book some readers may want. The worst terrorist attack in American history has placed in stark relief the debate about maintaining national security while preserving our civil rights and liberties. Foerstel has done an admirable job in advocating the latter. In the future, one hopes that a similarly capable author can explain the justification for these stringent legislative measures affecting libraries. --Donald Altschiller Copyright 2004 Booklist

Library Journal Review

This is the most important book this reviewer has read this year-and the most frightening. It succinctly details the latest effort by the U.S. government to undermine the rights of Americans to free expression and privacy, with a particular focus on libraries and librarians. An activist in resisting the FBI's snoopers when he was head of branch libraries at the University of Maryland, Foerstel is widely published on First Amendment issues and serves on boards of both the National Security Archive and the Freedom To Read Foundation. He opens with a long first chapter on the history of modern government surveillance of libraries, basically a summary of his Surveillance in the Stacks: The FBI's Library Awareness Program. Forestel then recounts the history of the USA PATRIOT Act and discusses the implications for libraries and bookstores. In Chapter 5, "Fighting Back," he summarizes current efforts to resist or change the Patriot Act's provisions and concludes with an indictment of Attorney General Ashcroft's claim that the FBI did not use the Patriot Act to gain access to library records. Foerstel's impressive documentation (appendixes include the University of Illinois GSLIS's survey of public library surveillance, plus samples of standard court orders that may be served to libraries and bookstores) proves that despite the book's brevity, it covers the subject fully and deeply. Highly recommended.-John Berry, Library Journal (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Introduction	p. vii
Chapter 1 A Recent History of Library Surveillance	p. 1
Background	p. 1
The Library Awareness Program	p. 3
Orgins in the New York Office	p. 5
The FBI Meets Congress	p. 6
The Controversy Escalates	p. 9
It Only Hurts When We Laugh	p. 11
A Selective Survey of Library Visits	p. 12
Winding Down a Troubled Program	p. 22
The Role of Librarians in FBI Surveillance	p. 24
The Special Libraries Association	p. 30
Librarians as Potential KGB Agents	p. 32
Paint the Critics Red	p. 34
The Law and Library Surveillance	p. 35
Notes	p. 38
Chapter 2 The USA Patriot Act	p. 45
Passage of the Bill	p. 45
General Provisions	p. 55
Provisions Directly Affecting Libraries	p. 60
National Security Letters and Emergency Foreign Intelligence Warrants	p. 64
Sunsetted Provisions	p. 67
Blurring the Distinction between Criminal Justice and Counterintelligence	p. 69
Notes	p. 72
Chapter 3 The Patriot Act in Libraries and Bookstores	p. 75
Fearing the Worst	p. 75
What Are You Going to Do When They Come for You?	p. 80
Destroying Patron Records Before They Can Be Seized	p. 84
FBI Advice and Reassurance	p. 86
Documenting Those Elusive Federal Visits to Libraries	p. 89
Gag Orders	p. 96
Notes	p. 99
Chapter 4 Making Things Worse: Government Actions Beyond the Patriot Act	p. 103
Executive Orders, Regulations, and Administrative Guidelines	p. 103
Homeland Security Act	p. 109
Total Information Awareness	p. 112
TIPS Program	p. 116
CAPPS II	p. 118
Patriot Act II and the Victory Act	p. 120
Ashcroft's National Tour	p. 126
State Anti-Terrorism Legislation in the Wake of 9/11	p. 128
Notes	p. 133
Chapter 5 Fighting Back: Responses to the Patriot Act	p. 137
Congressional Oversight of the Patriot Act	p. 137
Public Oversight of the Patriot Act	p. 151
The Patriot Act in Art and Humor	p. 157
Legislative Attempts to Modify the Patriot Act	p. 160
State, Local, and Professional Resolutions Opposing the Patriot Act	p. 169
Notes	p. 172
Conclusion	p. 177
Ashcroft on the Offensive	p. 177
The Truth, the Whole Truth, and Nothing but the Truth?	p. 178
Notes	p. 182
Appendix A Public Libraries and Civil Liberties--Questionnaire	p. 183
Appendix B California Library Association Patriot Act Survey	p. 191
Appendix C U.S. Attorney Preservation Demand Letter	p. 199
Appendix D U.S. District Court ECPA Order w/Schedule	p. 203
Appendix E U.S. District Court Subpoena in a Criminal Case	p. 205
Appendix F U.S. District Court Search Warrant	p. 207
Selected Bibliography	p. 209
Index	p. 211

Available:

Bound With These Titles

On Order

Summary

Summary

Author Notes

Reviews (2)

Booklist Review

Library Journal Review

Table of Contents