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[/media-credit]The Madison Public Library is taking measures to protect library users by passing a resolution limiting the access of personal account information to authorities without a subpoena or warrant while expressing concern against the USA Patriot Act.
Barb Dimick, director of the Madison Public Library, said the Patriot Act is a problem for the library system because there is a provision allowing the government to access a patron’s reading and Internet records without notifying the library user.
“I don’t think that there is any relevance between what people are reading and their acts,” Dimick said, explaining the library’s actions. “The issue of terrorism has to be dealt with, but I think it went too far and needs to step back a little bit.”
The American Library Association issued a resolution expressing a concern for the rights of library users and urging all libraries to create policies for the protection of library users and their privacy.
Following the precedent set by the ALA, the Madison Public Library Board passed a resolution in December describing how the Patriot Act threatens the civil rights of library users. The resolution expressed the board’s concerns to members of the Wisconsin Congressional Delegation.
The Madison Public Library Board believes the Patriot Act can intimidate individuals who want to check out a specific book or use the Internet by allowing government surveillance of library users without their knowledge or consent.
The Madison Public Library only keeps records of personal information that is required for the library to operate efficiently. The library does not contain records of computer database searches, but patrons who reserve a computer for Internet use will be kept on record for 10 days. Once a book is returned, the information is removed from the borrower’s profile.
According to Ed Van Gemert, associate director for the University of Wisconsin’s libraries, the libraries have always believed in the confidentiality of patron records. In order to continue to protect this confidentiality, the UW libraries inform and teach their staff how to properly address a request for a library user’s information, Van Gemert added.
Van Gemert said a private individual or a law enforcement officer without a warrant would not be allowed to access library records. If an officer has a subpoena, the library does not have to provide the information immediately, but instead would contact legal services for more information, according to Van Gemert. The UW library system will always comply with the law, he added.
If a law enforcement officer has a written document for search and seizure, then the library has no choice but to allow access to library records.
“We would basically have to stand back and let the individual take whatever information is in that warrant,” Van Gemert said.
Although this has never happened at a UW library before, Van Gemert said he doesn’t believe library records are very helpful for officials.
“I don’t think libraries are a very useful place to find out about criminal behavior,” he said.
UW senior Sara Kanawati supports the actions of the local libraries to protect library users.
“The Patriot Act is dangerously flawed,” Kanawati said. “It allows the government to undermine basic civil liberties without probable cause, and that crosses an important line.”
The resolution on behalf of the Madison Public Libraries is the newest official action from public city entities opposing the federal legislation meant to aid investigations of terrorist suspects. The Madison City Council passed a resolution in October 2002 condemning the Patriot Act.

