[OPLINLIST] FW: [FTRF-L:2659] ACLU Press Release: Government Drops Demand for LibraryRecords (6/26/2006)

[Kent Oliver]

In case anyone missed this. Kent

Kent Oliver, Executive Director
Stark County District Library
715 Market Ave., N., Canton, OH 44702
W: 330 458 2710 FAX: 330 455 9596
KOliver at starklibrary.org
"The America I loved still exists in the front desks of public
libraries."  Kurt Vonnegut





-----Original Message-----
From: owner-ftrf-l at ala.org [mailto:owner-ftrf-l at ala.org] On Behalf Of
Jonathan Kelley
Sent: Monday, June 26, 2006 11:43 AM
To: Freedom to Read Foundation Board of Trustees
Subject: [FTRF-L:2659] ACLU Press Release: Government Drops Demand for
LibraryRecords (6/26/2006)


Government Drops Demand for Library Records (6/26/2006)

FOR IMMEDIATE RELEASE 
CONTACT: media at aclu.org 

With Help of ACLU, Connecticut Library Group Successfully Keeps Patron
Records Private

NEW YORK * The American Civil Liberties Union today declared victory in
their legal battle with the FBI over a Connecticut library group's right
to keep patron records private. After dropping their vehement defense of
the gag provision accompanying the request, the FBI has now abandoned
the demand all together. 

"First the government abandoned the gag order that would have silenced
four librarians for the rest of their lives, and now they've abandoned
their demand for library records entirely," said Ann Beeson, Associate
Legal Director of the ACLU. "While the government's real motives in this
case have been questionable from the beginning, their decision to back
down is a victory not just for librarians but for all Americans who
value their privacy." 

The Library Connection, a consortium of 26 Connecticut libraries, sought
help from the ACLU when the FBI demanded patron records through a
National Security Letter last summer. This controversial Patriot Act
tool allows the government to demand, without court approval, records of
people who are not suspected of any wrongdoing. Anyone who receives such
a demand is gagged from disclosing the mere existence of the request. 

The librarians can now disclose the NSL they received, which has never
before been released in full. The NSL shows that the FBI was seeking all
records associated with a particular computer. The NSL was dated May 19,
2005, but Library Connection did not receive the NSL until July 13,
2005. 

"We pursued this matter because librarians should protect the privacy of
our patrons," said George Christian, Executive Director of Library
Connection. "Everyone has the responsibility to make sure the government
plays by the rules." 

The librarians were never forced to comply with the demand and the
records were never turned over to the authorities. According to the
ACLU, the librarians might have been willing to comply with a similar
demand if it had been approved by a judge. 

Many of the court documents in the case remain technically under seal,
including documents filed in the Supreme Court in an emergency appeal
last fall. Some of the most critical information was carelessly redacted
by the government. The New York Times was the first to notice that
Library Connection's name was revealed as was the identity of "John
Doe." The information was published in September 2005 but the government
waited until April, more than six weeks after the Patriot Act had been
reauthorized by Congress, to drop its legal battle to keep the gag
intact, and a full month longer to drop its request all together. 

The ACLU will continue to pursue the unsealing of all documents in the
case and expects all of the documents to be made public soon. 

The Connecticut case is one of two legal challenges brought by the ACLU
against the NSL provision of the Patriot Act. In New York, the ACLU
filed a lawsuit on behalf of an anonymous Internet Service Provider who
received an NSL. In September 2004, Judge Victor Marrero of the Southern
District of New York issued a landmark decision striking down the NSL
statute and the associated gag provision. Judge Marrero will now rehear
the case in light of revisions made by Congress. 

For statements from each of the four librarians, as well as more
information on the legal challenges, go to www.aclu.org/nsl 

The NSL is available online at:
www.aclu.org/safefree/nationalsecurityletters/25995lgl20060626.html 



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Free People Read Freely (r)
Jonathan Kelley
Administrative Assistant
Freedom to Read Foundation
50 E. Huron St.
Chicago, IL  60611
(312) 280-4226/ fax (312) 280-4227
jokelley at ala.org