U.S.A. P.A.T.R.I.O.T. Act  The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 Katherine Martinez, Amber Castor, Alta Valliant, Shannon Keith

History of the Patriot Act Presented by Katherine Martinez Historical Context Passage of the Act Dissenting Voices Authorship Temporary Measure? Continued Dispute

Historical Context Alien & Sedition Act, 1798; Japanese internment camps, 1942; Antiterrorism and Effective Death Penalty Act, 1996

Passage October 2, Patriot Act introduced into Congress October 26, Patriot Act passed into law

Dissent Patriot Act passed 98-1 Russell Feingold (D-Wisconsin) is the lone senator to vote against it No one was allowed to read the bill prior to its passage

Authorship Viet Dinh Board of Directors, News Corp. Michael Chertoff Secretary of Homeland Security

Temporary Measures? Sunset provisions - Patriot Act would end in 4 years February 15, Russ Feingold attempts to block renewal of the Patriot Act. He is defeated March 9, President Bush signed reauthorization of Patriot Act

Fight the Power that Be

Continued Tug-of-War May 20, Viet Dinh testifies that libraries have only been contacted by federal authorities “approximately fifty times.” * June 14, The House of Representatives votes to block federal searches of bookstore and library records. May 2, The ALA fights to have libraries exempted from the Patriot Act’s provisions regarding NSLs (National Security Letters). * “DOJ Says It Has Never Used Key PATRIOT Provision.” The Center for Democracy & Technology website. 23 September 2003,

Positive Aspects of the Patriot Act Presented by Amber Castor

Overview Why is it needed? Dispelling the Myths Myth vs. Reality Congressional Support Moving Forward

Why is it Needed? Provides protection and security Certain laws were outdated and needed revision Defined new vocabulary for a changed world

Dispelling the Myths Many aspects of the Patriot Act have existed in previous laws and U.S. codes and have only been slightly modified to reflect changes in today’s society Section 201 and 206 Sections 219 and 220 Not all of the provisions set forth in the Patriot Act have been the subject of controversy Sections 319, 373, 805, and 806 Sections 412 and 812

Myth vs. Reality Section 215—allows access to business records and other items under the Foreign Intelligence Surveillance Act (FISA) Myth: The government is monitoring the library habits of ordinary citizens. Reality: The scope of this section is very narrow. It must be explicitly authorized by a FISA court. Also, ordinary grand juries have had this power for years.

Initial Congressional Support Source:

Continued Congressional Support Source:

Moving Forward According to a 2004 USA Today article by Toni Locy, the Patriot Act is blurred in the public mind. The public needs to be better educated on all aspects of the Patriot Act The Patriot Act must be continually examined and revised in order to remain a viable tool in the war on terror.

The Critical View Presented by Alta Valliant Your Civil Liberties are at Risk!

Why you should just say NO to the Patriot Act The “purpose” of the Patriot Act Your Constitutional Rights are at Risk Is this necessary? People Fighting the Man How to Protect Yourself What you can do in YOUR library

Purpose of the Patriot Act To deter and punish American terrorists in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes What does “other purposes” even mean? Section 215 Section 216

The Patriot Act Infringes on your Constitutional Rights! It violates the First Amendment by prohibiting those served with Section 215 orders from telling others, even when there is no real need for secrecy. Although, since the revision they are allowed to contact a lawyer. It also violates the First Amendment by in effect authorizing the FBI to investigate U.S. persons, including American citizens, based in part on their exercise of First Amendment activity, and by authorizing the FBI to investigate non-U.S. persons based solely on their exercise of First Amendment activity. It violates the Fourth and Fifth Amendments because those who are the subject of Section 215 orders do not need to be told that their privacy has been compromised.

The Patriot Act is NOT needed The government already has the authority to prosecute anyone whom it has probable cause to believe has committed or is planning to commit a crime. It also has the authority to engage in surveillance of anyone whom it has probable cause to believe is a foreign power or spy - whether or not the person is suspected of any crime. – ACLU website

Anti Patriot Act Patriots ALA State ALA Chapters ACLU Connecticut Librarians Russ Feingold Wisconsin Senator

Protect yourself and your patrons Know the law and your rights Know your resourses and how to use them ALA & ACLU Have a lawyer you can contact

What you can do in your Library! Set up a display about the Patriot Act Post signs around telling patrons they could be monitored Delete Internet logs once a week Hold informational meetings, hand out flyers, talk with patrons Don’t let the man get you down!

Resources Available Presented by Shannon Keith Web Resources Positive Negative Neutral Print Resources

Web Resources Supportive U.S. Department of Justice: White House: Critical American Library Association: American Civil Liberties Union: reformthepatriotact/ reformthepatriotact/

Neutral Resources on the Web Government Printing Office: National Public Radio:

Resources in Print Refuge of a Scoundrel: The Patriot Act in Libraries by Herbert Foerstel How Patriotic is the Patriot Act?: Freedom versus security in the age of Terrorism by Amitai Etzioni From the Palmer Raids to the Patriot Act: a history of the fight for free speech in America, Christopher Finan

“The inability of FBI investigators to use this seemingly effective tool has had a direct and clearly adverse impact on our terrorism cases. While radical militant librarians kick us around, true terrorists benefit from OIPR's failure to let us use the tools given to us.“ ~FBI Agent

Questions?

Bibliography American Civil Liberties Union. USA Patriot Act. New York. American Library Association. USA Patriot Act and Intellectual Freedom. Chicago, Etzioni, Amitai. How Patriotic is the Patriot Act?: Freedom versus security in the age of Terrorism. New York: Routledge, Finan, Christopher. From the Palmer Raids to the Patriot Act: a history of the fight for free speech in America. Boston: Beacon Press, Foerstel, Herbert N. Refuge of a Scoundrel: The Patriot Act in Libraries. Westport: Libraries Unlimited, National Public Radio. Washington, United States Department of Justice. Preserving Life and Liberty. Washington. The White House. USA Patriot Act. Washington. Amitai Etzione.