(For those who attended the helpful TSL workshop in Rosebud yesterday, and
anyone else who needs the information...L.)
When I came back to the office today, I researched the "no search warrant"
issue that was discussed at yesterday's workshop in Rosebud. I am
forwarding the following information as it pertains to that issue. I have
found no evidence that legislation exists that allows for the search and/or
seizure of records without a search warrant. My comments yesterday were in
error -- a search warrant is still necessary for authorities to obtain
records. I would greatly appreciate it if you could forward this
information.
Thank you!
Marilyn Johnson
Library Technology Consultant
Texas State Library & Archives Commission
In consultation with ALA counsel, the ALA Office for
Intellectual Freedom prepared the following alert to assist librarians.
See
http://www.ala.org/alaorg/oif/alertusapatriotact.html
<http://www.ala.org/alaorg/oif/alertusapatriotact.html>
___________________________________
On October 25, 2001, Congress passed the "Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act" (USA PATRIOT Act.) This law broadly expands the
powers of federal law enforcement agencies investigating cases involving
foreign intelligence and international terrorism.
The new legislation amends the laws governing the Federal
Bureau of Investigation's access to business records. One provision orders
any person or institution served with a search warrant not to disclose that
such a warrant has been served or that records have been produced pursuant
to the warrant.
The existence of this provision does not mean that libraries
and librarians served with such a search warrant cannot ask to consult with
their legal counsel concerning the warrant. A library and its employees
can still seek legal advice concerning the warrant and request that the
library's legal counsel be present during the actual search and execution
of the warrant.
If you or your library are served with a warrant issued
under this law, and wish the advice of legal counsel but do not have an
attorney, you can still obtain assistance from Jenner & Block, the Freedom
to Read Foundation's legal counsel. Simply call the Office for Intellectual
Freedom and inform the staff that you need legal advice without disclosing
the reason you need legal assistance. OIF staff will assure that an
attorney from Jenner & Block returns your call. You do not and should not
inform OIF staff of the existence of the warrant.
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Laurie Mahaffey, Adult Services Consultant
Central Texas Library System
P. O. Box 2287
Austin TX 78768-2287
512-974-7517 (please note new exchange!)
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