Friday, July 5, 2002

1. PATRIOT ACT: IS THE FBI'S "LIBRARY AWARENESS PROGRAM" BACK?
Just six weeks after 9/11, and after almost no debate, Congress passed the Patriot Act. One provision gave the FBI authority to obtain library circulation records. We went through that during the cold war, when FBI agents, under what became known as the "library awareness program," tried to recruit university science librarians to act as snitches, reporting on the reading habits of "suspicious" people (WN 3 Jun 88). The program was terminated in the face of protests from science organizations, the American Library Association and Congress. In 37 states, your reading habits are protected information, but the federal Patriot Act overrides these state laws. Before the Patriot Act passed, WN cautioned against trading freedom for security (WN 12 Oct 01). An ALA statement is being prepared that will oppose those parts of the Patriot Act that interfere with the right to read.

2. CHILDREN'S INTERNET PROTECTION ACT: THE LIBRARIANS WIN ONE.
On 31 May, a three-judge panel in Pennsylvania ruled that CIPA is unconstitutional. As a result, libraries are not required to install filtering software on their computers to be eligible for federal funds. The Children's Internet Protection Act is, of course, a misnomer. It would censor everyone, not just children. There are, in any case, less restrictive alternatives already in use to protect children from inappropriate material. The ALA, which has incurred legal costs of $1.3M in its challenge, fully expects the decision to be appealed, and is currently soliciting contributions from its members to a CIPA Legal Fund.

3. WHICH ALMIGHTY? PLEDGE OF ALLEGIANCE RULED UNCONSTITUTIONAL.
While we're on the subject of First Amendment guarantees, the government argued that "under God," added to the pledge by Congress in 1954, had minimal religious content. But President Eisenhower, who signed the legislation, wrote "it will daily proclaim the dedication of our nation and our people to the Almighty." That led a federal appeals court to rule that the pledge violates the Establishment Clause of the First Amendment.

4. FIRST STRIKE: ISOLATED FROM THE COURT OF WORLD OPINION.
On Tuesday, President Bush repudiated the newly established International Criminal Court to protect U.S. sovereignty. Other countries protecting their sovereignty from the court are Russia, China, Turkey, Iran, Iraq and North Korea. Our sovereignty seems to be in good shape; other international agreements we've pulled out of include the Comprehensive Test Ban Treaty, the Land Mine Treaty, the Chemical Weapons Convention, the Bioweapons Protocol, the Anti-Ballistic Missile Treaty, the Kyoto Protocol, and the Nuclear Non-Proliferation Treaty. Now that's sovereignty.

(Christy Fernandez assisted with this week's What's New.)



Bob Park can be reached via email at whatsnew@bobpark.org
THE UNIVERSITY OF MARYLAND
Opinions are the author's and are not necessarily shared by the University, but they should be.