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Reply To: | Library Access -- http://www.rit.edu/~easi |
Date: | Mon, 29 Oct 2001 07:34:19 -0600 |
Content-Type: | multipart/alternative |
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The following information about the USA Patriot ACT was prepared by the Office for Intellectual Freedom and reviewed by legal counsel. More information on the Act is being developed and will be made available on ALA's website. Please pass this message on to as many library staff and library supporters as possible.
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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