ACRL News Issue (B) of College & Research Libraries C&RL News ■ February 2002 / 129 W a s h i n g t o n H o t l i n e Lynne E. Bradley and Claudette Tennant What to do before, during, and after a “knock at the door?” Understanding the U.S.A. PATRIOT Act* With passage o f the U.S.A. PATRIOT Act on O ctober 26, 2001, many questions have b een raised about the act and how it relates to cur­ rent state privacy/confidentiality laws, as well as criminal an d foreign intelligence investiga­ tions. In some libraries, law enforcem ent au­ thorities have sought access to patron and stu­ den t records, including electronic mail and other electronic communications. The act includes a series of changes to the U.S. Code in sections on criminal and foreign intelligence investigations (FISA). U nder some circumstances, federal rules may supercede state confidentiality laws. Seek clear advice from your college o r university attorneys. Librarians should cooperate with the authorities within the guidelines provided by state and federal laws, as well as the PATRIOT Act. ALA has b een working with colleagues in library an d higher education associations (the American Association o f Law Libraries [AALL], the Association of Research Libraries [ARL], the American Association of Universities [AAU], and others) to develop preliminary guidelines to help academic libraries do w hat is legal and appropriate. Before • Consult local legal counsel. You will n ee d legal experts familiar with your unique situations and local and state laws to help make sure that your policies and procedures are ap ­ propriate an d legal. • Review your policies. The PATRIOT Act does not require institutions to make changes in policies or computer systems. However, with a possible increase in requests from law en­ forcement and the pervasiveness o f technol­ ogy in the daily transactions of libraries, you will w ant to review and address your policies o n retention o f and access to all types o f infor­ mation. Lynne E. Bradley is Office o f G overnm ent Relations d ire cto r o f ALA's W ashington Office; and Claudette Tennant islntemet Policy Specialist ALA Office o f Information Technology Policy e- mail: leb@ alawash.org and ctennant@ alawash.org • Train staff. Anyone on your staff could be approached by law enforcement, so every staff member should understand your policies. Some institutions designate one staff person to manage the details of such requests. Knowledgeable staff will ensure that your library is complying with all appropriate laws and protect against any institu­ tional or personal liability. During • Follow your policies. Sound policies can provide order and justification during what can be a chaotic time and ensure that the best possible thinking and judgment go into your responses. • Consult legal counsel. Most inquiries m ade by law enforcem ent are lawful and in good order, however, you should call your le­ gal counsel w h en presented with a request. Legal counsel will help you respond properly and legally, while protecting you and your staff from possible liability due to an unlawful re­ quest. • Document your costs. Your institution may be able to recoup some expenses if asked by law enforcement to perform certain types of assis­ tance in data collection. It is unclear what the guidelines will be for reimbursement. Document all costs incurred. After • Consult legal counsel. Again, consult legal counsel to assure that you m eet any legal requirements to conceal the inquiries of law enforcem ent or conversely to fulfill any affir­ mative legal requirem ents to disclose w hat records may have b ee n released. • Follow up. K eep counsel inform ed; implement your policies; pursue any appro­ priate reimbursements. Determine whether you will have to maintain any subsequent informa­ tion o r records. The ALA Washington Office will be tracking the impact of this legislation, so w hen allowed by law and the advice of counsel, inform the Wash­ ington Office of your experiences. ■ * Uniting a nd Strengthening America by Providing A ppropriate Tools Required to Intercept a nd Ob- struct Terrorism Act of 2001 Public Law 107-56 mailto:leb@alawash.org mailto:ctennant@alawash.org 130 / C&RL News ■ February 2002