Providing law enforcement agencies with vastly increased powers to conduct widespread wiretapping and electronic surveillance, the legislation also increases punishment for terrorist acts and institutes penalties for harboring or financing terrorists.

But while the public and Congress heave a collective sigh of relief, privacy advocates and libraries across the country are struggling with how to adjust to the changes.

Innocent at Risk?

Ari Schwartz of the Center for Democracy and Technology told NewsFactor Network that besides the loss of a judicial review before wiretaps and surveillance are put into place, the new bill may put innocent library patrons at risk.

"The FBI or law enforcement can come in and say, 'We want to look at this person and we know they use this institution and we want to monitor all the traffic that goes in and out,' which [could] include non-targets, completely innocent people," said Schwartz.

Federal law enforcement also would have the ability to summon business records from libraries and educational institutions, but Schwartz fears that without a court to oversee the process, there are no checks and balances in place.

"Plus, as libraries and universities don't have terms of service, anything could be seen as trespassing," Schwartz said.

Libraries Stand Firm

When it was discovered after September 11th that at least one terrorist may have used a Broward County, Florida, public library to communicate with fellow terrorists, the FBI visited library director Sam Morrison asking for computer records.

Morrison told NewsFactor that the library turned over all the information it had to the FBI on the same day. But since then, despite the headlines, Morrison has yet to change any of the library's computer use policies.

"Anyone who wants to use the computer comes in, and if there is one available they sit down and use it. There's been no indication to me that a policy change is useful, much less desirable," said Morrison, adding that the library would be willing to make a change if it could be shown to be helpful.

Surveillance Undermines Confidentiality

Claudette Tennant, Internet policy specialist for the American Library Association (ALA), told NewsFactor that while some libraries around the country may be taking a close look at their policies, she does not believe they will "proscribe a person's rights as they walk through the door. (continued...)

1  |  2  |  Next Page >