[WEB4LIB] Privacy, the USA Patriot Act, electronic fingerprinting to replace library cards etc.

[Dan Lester]

Being brave or foolish, I don't care if he's who he says he is.

Tuesday, July 30, 2002, 4:21:31 AM, you wrote:

RP> The sort of issues I am interested in include:

RP> To what extent is the Patriot Act being used to check on the reading
RP> habits of library patrons? How has this changed the situation? Is this
RP> good or bad?

Most librarians would say the PATRIOT ACT (which is the proper name,
as it is an acronym) is bad.  Who knows if it has changed things,
since you're subject to penalties yourself if you disclose that the
feds have come in under the act to investigate someone.

RP> What other privacy issues are there that librarians should be aware of?

Same ones we've known of forever.  There is plenty of literature on
all this in print and on the web.

RP> What should librarians do to protect the privacy of their patrons?
RP> Should they?

They should follow the laws.  In most states this means not disclosing
much of anything to anyone without a court order.  That's as it should
be.  Yes, the new federal law contradicts most state library laws.  I
guess that's for the attorneys to fight over.  I'll follow state law
until ordered otherwise.

RP> What duties (legal and ethical) do librarians have to society/law
RP> enforcement agencies to reveal sensitive/private information?

Our duties are to follow the laws to the best of our abilities.

RP> Do librarians have librarian/client privilege?

In a theoretical sense, yes.  However, I don't think it has ever been
tested in court and upheld like it would be for a doctor or lawyer.

RP> Do library training courses currently include ethical issues like
RP> privacy? Should they?

Yes.  Of course.  Some of these questions being asked are really lame.
Are you sure you're not a student in Lib Sci 101?

RP> What's the world coming to if I can't read with anonymity a library
RP> book?

Uhhhhh.....oh, hell, I'll leave all the smart answers to others.  I'm
not feeling clever enough this morning.

RP> Or is this merely a fair and unnoteworthy price to pay for protecting
RP> the world against terrorists?

All depends, I suppose.  Of course we haven't established yet what
that price is, and we've not had any proof that paying the price will
protect anyone.

RP> Is this mainly a public library issue, or are there similar/different
RP> issues for academic and corporate libraries?

Same issues in public as in publicly supported academic.  Somewhat
different for private academic, and definitely different in corporate,
where the user doesn't have, and shouldn't expect, any privacy.

RP> How much is this a specifically US issue?

Hey, you asked about the PATRIOT ACT, right?

RP> Are there comparable issues in other countries? What issues?

Probably.

RP> In what way is technology changing the debate? Is it?

You've asked enough stuff here to write a book, not just an article.
Of course technology is a factor, in about a dozen different
dimensions.

RP> What is the current situation, for instance, with regard to library
RP> automation systems: are they encouraging the use of new technological
RP> methods that might cause privacy concerns (maintenance of records on
RP> reading habits/ electronic fingerprinting techniques etc.), or are they
RP> being designed to automatically erase records. Is this good or bad?

Any library circulation system I've heard of breaks the link between
borrower and item as soon as the item is returned and any
delinquencies (fines, etc.) cleared up.  Of course one could be
designed differently, and some added information might be gleaned from
backup tapes for some period of time.  The online systems have
actually increased privacy, as in "the olden days" your name that you
signed on the card in the book pocket stayed there for a long time.

RP> Are there issues also with regard to the tracking of usage of online
RP> databases like Dialog/Lexis-Nexis etc.? What issues?

Well, if you log into them individually, sure.  However, in most
libraries the user doesn't log in to the system, so you can't easily
tell who did the search on making pipe bombs.  Again, such would/could
be possible if you had video surveillance and so forth on all your
computers.

RP> Other issues?

Not enough yet?

RP> I welcome comments for anyone with views and/or personal experience of
RP> this. I am happy for any comments to be on or off the record (so long as
RP> I know who has contacted me),

I don't do off the record.  Anything I say is always public and I'll
always stand behind it.  Anyone who does otherwise is dreaming, as
"secrets" and "off the record" and "for your eyes only" always come
back to bite you.

cheers

dan



-- 
Dan Lester, Data Wrangler  dan at RiverOfData.com 208-283-7711
3577 East Pecan, Boise, Idaho  83716-7115 USA
www.riverofdata.com  www.gailndan.com  Stop Global Whining!