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I
have a secret to tell. I once owed $90 in late fees to the Multnomah
County Public Library. I wish I could say that this is an anomaly,
but my felonious borrowing began early in childhood. Somewhere buried
deep in the backyard of my parents' house is the crayon-smeared
copy of Curious George goes to School that I borrowed with
my first library card. I tore one of the pages and was too embarrassed
to return it. Now, however, such secrets may rise out of the dust
of my past to haunt me.
As far back
as the library of Alexandria, large caches of information about
our history and cultures have been tragically destroyed in the scrimmage
for political power. The old adage that knowledge is power holds
true, but in today's Information Age, the true power lies in knowledge
about what knowledge others are seeking. On October 26, 2002 the
President of the United States of America, George W. Bush, signed
into effect a bill that allowed for freer information gathering
on immigrants and resident aliens of the US. In and of itself, the
Patriot Act I (the 1 has been added in retrospect) gave obscene
freedoms to the newly formed Department of Homeland Security to
detain individuals without a warrant and without allowing them to
contact their family. The justification behind this is that under
Material Witness laws, a person could be detained for pending legal
cases if they were essential to the case and possibly in danger
were it known that they had been subpoenaed. The result, however,
is that for the first time in American history secret arrests are
supported by law. More immediately, Patriot Act I paves the way
for Patriot Act II.
Smuggled in
through the smoke of our most recent war, Patriot Act I allocates
even greater freedoms to both the Department of Homeland Security
and the FBI. Under that Act not only can they access the library
records of naturalized and native-born, they can also judge this
information anti-American under a far looser definition.
Prior
to Patriot Act I, the FBI was still allowed to access library records,
but they had to prove extensive probable cause in a FISA (Foreign
Intelligence Surveillance Act) court and obtain a warrant. If Patriot
Act II passes, however, FISA warrants would become completely unnecessary,
and agents would only have to express "suspicion that someone is
engaged in an action that could potentially support terrorism",
while "terrorism" already includes as broad a spectrum as donating
money to an organization that is later found to have vague ties
to the Middle-East (American
Civil Liberties Union Legislative Update). This applies to resident
aliens and American citizens alike. What is even more frightening
is that the draft for Patriot Act II was leaked to the press and
John Ashcroft, who drafted the bill, still denies its existence.
The
American Library Association (ALA) and the ACLU made attempts to
slow the passage of Patriot Act I but "During conference deliberations
there was no opportunity to wiggle in some other definition or report
language to meet library concerns. This was further complicated
by the closure of congressional office buildings because of Anthrax
problems. This made it extremely difficult to contact congressional
staffers," (USA Patriot Act: A Summary of ALA Activities).
The bill was pushed through so quickly that many congressmen did
not even get a chance to read it. If Patriot Act II is passed in
the same covert way, it will be much, much worse. The ACLU's 20
page summary of the Patriot Act II, located on their website,
is far more accessible than the original over 80 page draft which
can be found on the Now,
with Bill Moyers website. Some of the more startling aspects
of the bill:
-
Allows
for the sampling and cataloguing of innocent Americans' genetic
information without a court order and without consent
-
Terminates
court-approved limits on police spying, which were initially
put in place to prevent McCarthy-style law enforcement persecution
based on religious or political affiliation.
-
Permits
searches, wiretaps and surveillance of United States citizens
of behalf of foreign governments-including dictatorships and
human rights abusers-in the absence of Senate-approved treaties
Patriot Act
I put librarians under a gag order, rendering them unable to contact
a person and tell them if they are under scrutiny. In fact, librarians
are under an unofficial gag order not to talk about the official
gag order. As a result, it is impossible to tell how often private
information is being gathered or for what specific purposes. If
we could, we would have a better sense of what books might set off
alarms. I tried unsuccessfully to locate a list of books which could
raise red flags to the government, this is largely because librarians
say they haven't been given a list of this kind and that they are
just as much in the dark about what agents might be looking for.
Once they find this information, Patriot Act II would allow the
FBI and Department of Homeland Security to use it as an excuse for
wiretaps and any suspicious books or materials would make a citizen
vulnerable to all of the invasions listed above. Clearly both Patriot
Acts not only make personal research into a potentially dangerous
secret, they are also creating a society of secrecy.
So what does
this mean for me? Well, according to Jennifer Steward, Library Administrator
at the Multnomah County Library, the library now destroys general
checkout records after a brief period of time. (I am reminded of
that "touch of cotton" commercial, where the cute girl strews shredded
documents like dirty snow while dancing around her office) While
this was a relief to me, I learned that any hold items or overdue
books remain on your record for three years. Since almost every
library book I ever borrowed was returned late, I started to worry.
Scrolling through my mental intranet, I searched for books that
might be considered incriminating. I fretted vaguely about someone
learning that I'd checked out The Story of O, twice, but
then I remembered Still Life With Woodpecker. I had borrowed
it early one summer and forgot to return until fall, during which
time it was chewed by a dog, left on the top of my car, used as
a coaster and dropped in a pool. I know, I am a horrible person.
But what really worried me was that Tim Robbins' book is not just
irreverent but contains several vivid descriptions of how to make
a bomb. I checked. One of them is real. (And no, I won't tell you
which one). It's only a pipe bomb but still, a pipe bomb was used
at the 1996 Atlanta Summer Olympics.
What
if the Department of Homeland Security intercepted an email from
me to Anvil about the fact that I was doing this research? (My boyfriend
loves to remind me that emails are as secret as sending a postcard
written in pencil - just ask your mailman) What if they then checked
into my library records saw this book, then checked into my charitable
donations (made, no doubt, to assuage the guilt of being such a
crappy library patron)? What if NOW was found to be sending money
to help women in Iraq? I could hear a knock on the door and disappear
completely. My family would call all of the hospitals, then all
my friends, then the jails, but they wouldn't find me because I
would be sitting in jail without an attorney, due process, or even
bail. If the Patriot Act II passes I could be stripped of my native-born
citizenship and extradited to any country the Department of Homeland
Security chose, without regard to that country's history of human
rights abuses or the stability of the region, a situation that already
confronts naturalized citizens of this country. All of this would
be legal under United States law.
Sometimes the
idea of Big Brother is enough to do the job of Big Brother himself.
I love libraries.
Much as I abuse them, I am in love with the vast realms of escape
potentialized by those long rows and high-tiered ceilings. Would
I give up my library privileges just to keep the secret covenant
between reader and author? I hate the idea of someone peering over
my shoulder when I read, but only I know what information I receive
from those pages. I will continue to gain knowledge regardless of
who is watching, and thus I gain power. I know at least one thing-
I will never return my library books late again.
To quote Douglas
Lain, a Portland Peaceful Response organizer "if they want to know
what people in Portland are reading, I want them to find we're all
reading exactly the wrong things," (Portland Mercury, 04.17.2003).
All
persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny
to any person within its jurisdiction the equal protection of
the laws.
—
The Bill of Rights, Amendment 14, Section 1
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