Hartford Libraries Watch as U.S. Makes Demands
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Date: Mon, 05 Sep 2005 02:44:24 -0000
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"Ms. Knapp said the case provided some validation for librarians who
had been complaining that the library provisions in the Patriot Act
were a breach of privacy and could be invoked too easily. She said it
rebutted comments by some supporters of the Patriot Act, who have said
that librarians and their customers have little to fear from the act.

"Here, we have a case where it is, in fact, being used," she said,
"and all of the things we were concerned about, about the right of our
patrons to have privacy, are justified."

"Careful reading of court records released on Wednesday in the
Bridgeport case, with large sections heavily blacked out, indicate
that the recipient of the national security letter was a library
consortium based in Connecticut, not a public library."

"The recipient has remained unidentified, though it has gone into
court to lift the order of silence so it can speak out against the
Patriot Act before Congress, which is considering whether to extend
important elements of the act after this year."

Many public libraries have established policies for fast destruction
of customer records so that Patriot Act requests need not be honored
and the privacy rights of library members are protected from
unwarranted (national security letters are not court warrants)
exposure. It would appear that the FBI is now going to the consortiums
that support groups of libraries to get the records (processed by the
consortiums) that the individual libraries have destroyed.  Now, in
order to achieve non-compliance with the Patriot Act and protect their
patrons' individual privacy rights, it appears libraries might have to
stop low cost out-sourced back office processing by organizations like
the Library Connection.

David Bier

http://www.nytimes.com/2005/09/02/nyregion/02library.html

September 2, 2005
Hartford Libraries Watch as U.S. Makes Demands
By ALISON LEIGH COWAN

Librarians in Connecticut say they are closely following a federal
case in a Bridgeport courthouse involving a demand for library
records, both to learn more about the identity of the people at the
center of the case and to underscore their concerns about such orders.

Weeks earlier, the Federal Bureau of Investigation had quietly
demanded that one of their peers turn over library records under the
USA Patriot Act. The case became public after the subject of the
demand retained the American Civil Liberties Union to challenge the
constitutionality of the request, as well as the order of silence that
accompanied it.

Librarians from Stamford, Westport and Bridgeport were observers in
the courtroom during an emergency hearing on Wednesday before Judge
Janet C. Hall in Federal District Court in downtown Bridgeport as
lawyers discussed objections to the nondisclosure order. There,
Carlton Greene, a lawyer for the Justice Department in Washington, and
Kevin J. O'Connor, the United States attorney for the district of
Connecticut, defended the need for secrecy and other powers granted
under the Patriot Act to aid in the investigation of terrorism.

Challenging every assertion was Ann Beeson, a lawyer for the civil
liberties union. The judge is expected to issue her ruling on the
order of silence within the next week.

Among the spectators that day was Alice Knapp, the president of the
Connecticut Library Association; she is the director of public
services for Stamford's Ferguson Library.

Ms. Knapp said the case provided some validation for librarians who
had been complaining that the library provisions in the Patriot Act
were a breach of privacy and could be invoked too easily. She said it
rebutted comments by some supporters of the Patriot Act, who have said
that librarians and their customers have little to fear from the act.

"Here, we have a case where it is, in fact, being used," she said,
"and all of the things we were concerned about, about the right of our
patrons to have privacy, are justified."

In the case being heard in the Bridgeport courtroom, authorities
issued a document called a national security letter to request
information, asserting that the information was needed in an
investigation of terrorism. The subject of the investigation and the
circumstances were not disclosed. In addition, the recipient of the
letter is permanently barred from disclosing the request.

In the Bridgeport case, the civil liberties union has argued that the
recipient of the letter did not even know if he had the right to
consult a lawyer or others in his organization - a concern that the
lawyer for the government said was unfounded.

The recipient has remained unidentified, though it has gone into court
to lift the order of silence so it can speak out against the Patriot
Act before Congress, which is considering whether to extend important
elements of the act after this year.

Careful reading of court records released on Wednesday in the
Bridgeport case, with large sections heavily blacked out, indicate
that the recipient of the national security letter was a library
consortium based in Connecticut, not a public library.

One affidavit by the recipient says that such consortiums provide
back-office services to libraries as well as "staff expertise,
training, consultation, troubleshooting and customization services to
its customers."

The language is identical to that found in the "about us" section of
the Web site of Library Connection in Windsor, Conn., a nonprofit
consortium that serves 26 libraries in the Hartford area.

Other details in the court record about the recipient organization's
governing structure and the executive who agreed to accept the letter
also bolster the growing impression within library circles that it may
be the Windsor consortium.

For instance, the affidavit relates how the executive was initially
unsure whom he was allowed to consult and ultimately told the
executive committee members on his board.

Of the four consortiums in Connecticut, "Library Connection is the
only one that has an executive committee," said Michael Simonds, the
chief executive of Bibliomation Inc. of Middlebury, Conn., the largest
of the four.

The executive director of Library Connection did not answer messages
left over three days on his office phone and e-mail seeking comment.

A member of the Library Connection board referred a reporter to the
American Civil Liberties Union.

"I'd really discourage anyone from making guesses because obviously
this whole issue is under a gag order," the board member said. Asked
about Library Connection, an A.C.L.U. lawyer said she would call back.
The call was not returned by deadline on Thursday.






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