After the terrorist attacks of 9/11 the passage of the PATRIOT Act quickly occurred. The Act gives broad leeway to government officials to collect data on suspected persons with having to account for why they are suspected. The act passed so quickly it was obvious that many doing the approval hadn’t read it. The American Library Association repeatedly criticized section 215, which allows for bulk collection of business records including library records such as what a person has checked out, what questions they have asked, which computer used. A complicating factor is the gag rule. Librarians who had been asked for information via a National Security Letter (NSL) could not tell anyone that such an inquiry had been made. Some argued that the first and fourth amendments were violated: freedom to read what one is interested in or assigned and no search and seizure without due cause.

Librarians have fought long and hard to repeal this infringement on patrons’ rights. The political cost to politicians fighting the ALA and others has meant that article 215 has been sunsetted as part of the USA FREEDOM Act of 215 that superceded the PATRIOT Act. The perceived need for such information could well be lingering today.

If you are asked for patron data please ask a librarian. Thank you.