OT: Is this the America my children will inherit?
04-30-2002, 02:33 AM
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OT: Is this the America my children will inherit?
Published on Monday, April 29, 2002 in the Baltimore Sun
A Chilling Intrusion
by Herbert Foerstel
AN FBI agent visited the Engineering and Physical Sciences Library at the University of Maryland, College Park, in April 1986, asking staff members to report on the reading habits of "anyone with a foreign-sounding name or foreign-sounding accent."
That same day, the agent visited the Chemistry Library, asking again for surveillance and also requesting any records of database searches.
At the University of Maryland, as at most American universities, a large percentage of faculty and students have "foreign-sounding names or foreign-sounding accents." The FBI's request was both absurd and chilling.
As head of branch libraries at the time, I immediately met with the library staff and informed them of their obligation to maintain the confidentiality of all patron information, including book circulation records and database searches.
I discovered the FBI visits were part of a broader national effort called the Library Awareness Program, which was aimed at information control and surveillance in America's unclassified technical libraries.
Such an intrusion on privacy and access to openly published information was a clear violation of our constitutional rights and of library ethics. In response, I wrote a series of articles for library journals, debated the FBI on television, testified before Congress and worked with Del. Samuel I. "Sandy" Rosenberg of Baltimore to help craft Maryland's library confidentiality law.
Today, 48 of our 50 states plus the District of Columbia have laws making it illegal for libraries to release patron information to anyone without a court order.
Now, under cover of the USA Patriot Act, passed Oct. 26, the FBI is poised to intrude once more on library confidentiality, this time with an arsenal of surveillance that even our library confidentiality laws may not be able to prevent.
The Patriot Act became law without congressional hearings or even a markup in committee. The act, which originated with Attorney General John Ashcroft, amended federal statutes governing criminal procedure, computer fraud, foreign intelligence, wiretapping and immigration, expanding the authority of the FBI and law enforcement to gain access to business, medical, educational and library records.
It also extended the laws governing wiretaps to Internet and electronic communications, challenging privacy and confidentiality in libraries. The new law replaces the traditional subpoena with a search warrant, which can be executed immediately. Libraries will no longer have the right to "quash" such a warrant.
Section 215 of the law concerns access to records under the Foreign Intelligence Surveillance Act (FISA). It overrides state library confidentiality laws, allowing an FBI agent to obtain a search warrant for "any tangible thing," including books, records, floppy disks, data tapes and computers.
It allows the FBI to compel production of library circulation records, Internet use records and registration information without demonstrating "probable cause." The agent can simply express his belief that the desired records may be related to an ongoing investigation related to terrorism or intelligence activities.
Librarians served with such a search warrant may not disclose, under penalty of law, the existence of the warrant. Even the patron cannot be told that he or she is the subject of an FBI investigation.
Section 216 extends telephone monitoring laws to include all Internet traffic. Both state and federal law enforcement agencies may obtain an order under this provision, with federal agents able to obtain a nationwide wiretap order.
Section 216 is not limited to the investigation of terrorism or foreign intelligence, and officers or agents seeking warrants need only affirm that the information sought is relevant to a criminal investigation. The recipient of a monitoring order must cooperate fully and may not disclose that communications are being monitored. Libraries that provide Internet and e-mail service to patrons thus become targets of such orders.
Section 214 extends the FBI's telephone monitoring authority in FISA investigations to include all Internet traffic. Again, the agent need only claim that the desired records may be related to terrorism or intelligence matters.
There are many other provisions of the Patriot Act that offend librarians because of excessive secrecy or censorship, but what we surely cannot abide is the government's intrusion on library confidentiality.
When the public's reading habits and personal communications are subject to government surveillance within the library, the delicate relationship of trust between libraries and their patrons is shattered and the chill on free expression and the right to know may be irrevocable.
This is not a partisan issue.
Herbert Foerstel is a retired librarian and author of eight books on First Amendment issues, including Surveillance in the Stacks (Greenwood Press, 1991) and Banned in the USA (Greenwood Press, 1994). He lives in Columbia, MD.
A Chilling Intrusion
by Herbert Foerstel
AN FBI agent visited the Engineering and Physical Sciences Library at the University of Maryland, College Park, in April 1986, asking staff members to report on the reading habits of "anyone with a foreign-sounding name or foreign-sounding accent."
That same day, the agent visited the Chemistry Library, asking again for surveillance and also requesting any records of database searches.
At the University of Maryland, as at most American universities, a large percentage of faculty and students have "foreign-sounding names or foreign-sounding accents." The FBI's request was both absurd and chilling.
As head of branch libraries at the time, I immediately met with the library staff and informed them of their obligation to maintain the confidentiality of all patron information, including book circulation records and database searches.
I discovered the FBI visits were part of a broader national effort called the Library Awareness Program, which was aimed at information control and surveillance in America's unclassified technical libraries.
Such an intrusion on privacy and access to openly published information was a clear violation of our constitutional rights and of library ethics. In response, I wrote a series of articles for library journals, debated the FBI on television, testified before Congress and worked with Del. Samuel I. "Sandy" Rosenberg of Baltimore to help craft Maryland's library confidentiality law.
Today, 48 of our 50 states plus the District of Columbia have laws making it illegal for libraries to release patron information to anyone without a court order.
Now, under cover of the USA Patriot Act, passed Oct. 26, the FBI is poised to intrude once more on library confidentiality, this time with an arsenal of surveillance that even our library confidentiality laws may not be able to prevent.
The Patriot Act became law without congressional hearings or even a markup in committee. The act, which originated with Attorney General John Ashcroft, amended federal statutes governing criminal procedure, computer fraud, foreign intelligence, wiretapping and immigration, expanding the authority of the FBI and law enforcement to gain access to business, medical, educational and library records.
It also extended the laws governing wiretaps to Internet and electronic communications, challenging privacy and confidentiality in libraries. The new law replaces the traditional subpoena with a search warrant, which can be executed immediately. Libraries will no longer have the right to "quash" such a warrant.
Section 215 of the law concerns access to records under the Foreign Intelligence Surveillance Act (FISA). It overrides state library confidentiality laws, allowing an FBI agent to obtain a search warrant for "any tangible thing," including books, records, floppy disks, data tapes and computers.
It allows the FBI to compel production of library circulation records, Internet use records and registration information without demonstrating "probable cause." The agent can simply express his belief that the desired records may be related to an ongoing investigation related to terrorism or intelligence activities.
Librarians served with such a search warrant may not disclose, under penalty of law, the existence of the warrant. Even the patron cannot be told that he or she is the subject of an FBI investigation.
Section 216 extends telephone monitoring laws to include all Internet traffic. Both state and federal law enforcement agencies may obtain an order under this provision, with federal agents able to obtain a nationwide wiretap order.
Section 216 is not limited to the investigation of terrorism or foreign intelligence, and officers or agents seeking warrants need only affirm that the information sought is relevant to a criminal investigation. The recipient of a monitoring order must cooperate fully and may not disclose that communications are being monitored. Libraries that provide Internet and e-mail service to patrons thus become targets of such orders.
Section 214 extends the FBI's telephone monitoring authority in FISA investigations to include all Internet traffic. Again, the agent need only claim that the desired records may be related to terrorism or intelligence matters.
There are many other provisions of the Patriot Act that offend librarians because of excessive secrecy or censorship, but what we surely cannot abide is the government's intrusion on library confidentiality.
When the public's reading habits and personal communications are subject to government surveillance within the library, the delicate relationship of trust between libraries and their patrons is shattered and the chill on free expression and the right to know may be irrevocable.
This is not a partisan issue.
Herbert Foerstel is a retired librarian and author of eight books on First Amendment issues, including Surveillance in the Stacks (Greenwood Press, 1991) and Banned in the USA (Greenwood Press, 1994). He lives in Columbia, MD.
04-30-2002, 02:43 AM
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Don't forget that the Federal Courts that issue wire-tap warrents are SECRET. CLOSED. COMPLETLY UNCONSTITUTIONAL. The judges who work in them do not know what other judges also issue warrents.
NWA had it right all along.
NWA had it right all along.
04-30-2002, 03:16 AM
#3
Race Director
Water944, you better be careful. Where I come from, the secret police will knocking on your door in the middle of the night and take you away for saying such things... Looks like we're not that far off, eh?
04-30-2002, 03:55 AM
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Hey- we've already been divided- what do you expect to be next?
IT MAKES ME PHYSICALLY SICK <img src="graemlins/cussing.gif" border="0" alt="[grrrrrrr]" />
For a couple of bucks, a boy will rat out his own mother, brother, father, and or sister for whatever is asked. What bother's me are road blocks on freeways while looking for a person or drugs, etc- there has to be something less than legal about that no matter what the reason. But, everyone rolls over- look at the Cop's episodes- how many time's have you EVER seen anyone run, and actually get away? Do you know why? It pshycologically implants the belief that you CANNOT get away! Doesn't matter if it's true- as long as you BELIEVE IT! Of course, the very next show happens to be America's Most Wanted- half of that show deals w/people who have escaped from law enforcement, so it can obviously be done- when they're asking for our help, things are different- think about it...
THIS STUFF SHOULD LITERALLY SCARE THE **** OUT OF YOU!!! I really hope that we can open people's eyes before it's WAY TOO LATE. We'll have no cash, a dictator made up of a small group of people, be under constant surveillence by cameras, phones, computers & two-way monitors in our homes and all be running around w/our fu**ing SS#'s on our heads! BTW, when did it become a law that you HAD to have one anyway? Nowdays there are many things that absolutely require a SS#...
I have to stop now, or I'll be going from tangent to tangent all fu**ing night! Thanks for getting me worked up again Water944T... <img src="graemlins/icon501.gif" border="0" alt="[icon501]" />
IT MAKES ME PHYSICALLY SICK <img src="graemlins/cussing.gif" border="0" alt="[grrrrrrr]" />
For a couple of bucks, a boy will rat out his own mother, brother, father, and or sister for whatever is asked. What bother's me are road blocks on freeways while looking for a person or drugs, etc- there has to be something less than legal about that no matter what the reason. But, everyone rolls over- look at the Cop's episodes- how many time's have you EVER seen anyone run, and actually get away? Do you know why? It pshycologically implants the belief that you CANNOT get away! Doesn't matter if it's true- as long as you BELIEVE IT! Of course, the very next show happens to be America's Most Wanted- half of that show deals w/people who have escaped from law enforcement, so it can obviously be done- when they're asking for our help, things are different- think about it...
THIS STUFF SHOULD LITERALLY SCARE THE **** OUT OF YOU!!! I really hope that we can open people's eyes before it's WAY TOO LATE. We'll have no cash, a dictator made up of a small group of people, be under constant surveillence by cameras, phones, computers & two-way monitors in our homes and all be running around w/our fu**ing SS#'s on our heads! BTW, when did it become a law that you HAD to have one anyway? Nowdays there are many things that absolutely require a SS#...
I have to stop now, or I'll be going from tangent to tangent all fu**ing night! Thanks for getting me worked up again Water944T... <img src="graemlins/icon501.gif" border="0" alt="[icon501]" />
04-30-2002, 11:28 AM
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GET OUT AND VOTE AGAINST THESE TYPES OF PEOPLE(YOU KNOW WHO I MEAN)!!!!!!!!!! <img src="graemlins/cussing.gif" border="0" alt="[grrrrrrr]" /> <img src="graemlins/cussing.gif" border="0" alt="[grrrrrrr]" />
04-30-2002, 11:40 AM
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I have already addressed this type of posting on Water944T's other political post. I understand the sentiment and the concern but this really IS NOT THE BBS for this. Please, be respectful of the BBS by-laws. Since you are so concerned about rights and laws and freedoms then respect those of the BBS and the other posters on this BBS. Post this stuff somewhere else.
Mad Max
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04-30-2002, 11:56 AM
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[quote]Originally posted by MadMax:
<strong>I have already addressed this type of posting on Water944T's other political post. I understand the sentiment and the concern but this really IS NOT THE BBS for this. Please, be respectful of the BBS by-laws. Since you are so concerned about rights and laws and freedoms then respect those of the BBS and the other posters on this BBS. Post this stuff somewhere else.
Mad Max</strong><hr></blockquote>
Seconded, very strongly.
I could care less what any of you believe politically. Here, let's talk Porsches... preferrably four-cylinder, front-engined, water-pumpers. Fixing, driving, enjoying, loving, or hating them...
Jim, "Levon! Hand me down my clue-by-four!"
<strong>I have already addressed this type of posting on Water944T's other political post. I understand the sentiment and the concern but this really IS NOT THE BBS for this. Please, be respectful of the BBS by-laws. Since you are so concerned about rights and laws and freedoms then respect those of the BBS and the other posters on this BBS. Post this stuff somewhere else.
Mad Max</strong><hr></blockquote>
Seconded, very strongly.
I could care less what any of you believe politically. Here, let's talk Porsches... preferrably four-cylinder, front-engined, water-pumpers. Fixing, driving, enjoying, loving, or hating them...
Jim, "Levon! Hand me down my clue-by-four!"