Patriot Act and Beeghly Patrons
Beeghly Library circulation records and other
records identifying the names or other personally identifying
details regarding users of this library are confidential
in nature. Such records and reports of activities shall
not be made available to anyone, including any agency of
local, state, federal or Patriot Act Amendment without the
library's legal counsel being present. This is in accordance
with Pennsylvania State Law - Title 24, Chapter 16, Article
IV.
If approached by such an agent or officer concerning information
about a patron, the library staff or student assistant should
immediately consult with a colleague and/or library director
for assistance. The library's legal counsel will then need
to be contacted either directly or through college administration
in order to be present during any search. It is allowable
by law to have a reasonable amount of time to locate the
college's legal counsel. Legal counsel is needed to determine
if a request, process, order, subpoena or warrant is in
proper form and if there is showing of good cause for issuance;
if this is not the case legal counsel will insist that the
defects be cured.
Without a court order, neither the FBI nor other law enforcement
bodies have the authority to compel cooperation or require
answers to a question. Persistence and appeals to patriotism
are not sufficient reason for cooperation without due process
of law.
Although a search warrant is executable immediately, unlike
a subpoena, the library has a right for legal counsel to
be present when any search begins in order to allow library
counsel an opportunity to examine the search warrant and
to assure that the search conforms to the terms of the search
warrant, including Patriot Act warrants.
In the case of a search warrant originating from agents
or officers utilizing the USA Patriot Act amendment of FISA,
the library will ask for legal counsel to be present to
inspect the search warrant and see that it is carried out
properly. The so called "gag" order which is part of the
Patriot Act Amendment must be obeyed - no information about
the warrant or even the fact that a warrant has been issued
can be disclosed to any other party, including the patron
whose records are the subject of the warrant. The gag order
does not change the library's right to legal counsel during
the search. The library 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.
Adapted from ALA Council, January 7th, 2004