Libraries, especially in San Francisco, have a long tradition of catering to the diverse literary needs of the people they serve. As a result, libraries have become a valued source of information for individuals, families and civic groups.

But after Sept. 11, the bloodline of libraries -- our belief in the freedom to read -- is being seriously undermined in the name of homeland security.

In the aftermath of the terrorist bombings on New York and Washington, Attorney General John Ashcroft pushed hard for the passage of the U.S. Patriot Act, which presented drastic changes to our nation's surveillance laws and granted new intelligence-gathering powers for the FBI and other agencies. As our country mourned its unparalleled losses, the bill was pushed through Congress with minimal debate.

The Patriot Act authorizes investigators to seek a search warrant for items in a library or bookstore, which can include circulation or purchasing databases, hard drives, user registration information, computers and Internet files. Prior to the passage of the Patriot Act, the law required agents to provide specific evidence to show "probable cause" in justifying why a search was needed for a criminal investigation. Now, an agent must only explain why he or she believes that the record "may" be related to an ongoing terrorism or intelligence investigation.

Another troubling aspect is that the proceeding for the warrant takes place in closed court, and the information sought does not have to be directly connected to a suspect in an investigation. Aside from being forced to release user records, library staff can't mention that a search has occurred or that items were given to the government due to a standing gag order. Therefore, our records can be taken without explanation while we sit tongue-tied, forbidden to let the general public or fellow library staff know when searches have occurred.

The U.S. Department of Justice stated in a document released to Congress that these new powers have already been exercised in libraries across the nation. For example, a library in Santa Fe, N.M., reported in February that a user on a library computer accessed a chat room and wrote sneering comments about President Bush. He was arrested, handcuffed and interrogated about his writings and online usage.

Libraries do not promote government bashing; but we believe in democratic principles, such as the right to read without surveillance and freedom of speech.

Libraries and their users have some support in Washington. Rep. Bernie Sanders, I-Vt., who did not vote for the Patriot Act, has introduced the Freedom to Read Protection Act. The bill, which has received bipartisan support, will establish that libraries and bookstores are no places for unwarranted searches and insists the FBI use constitutional means to obtain library and bookstore records.

The San Francisco Public Library and the Library Commission stand next to the Justice Department, the White House and all Americans in opposition to terrorism and strongly support efforts to establish a reliable tracking measure to pursue terrorist leads before they inflict harm. Our concerns, however, escalate when security policy demands that we give up our most basic freedoms -- such as the right to read without government surveillance and the need for probable cause before search and seizures -- through efforts that are unconstitutional. If we continue to operate under the current Patriot Act, we run the risk of letting the terrorists claim victory by allowing their attacks to chip away at our constitutional rights. -----------

Susan Hildreth is city librarian of San Francisco.

Learn more

Who: Rep. Bernie Sanders, I-Vt.; Rep. Barbara Lee, D-Oakland; Susan Hildreth, San Francisco City Librarian; and Bay Area librarians and booksellers

What: Discussion of the Freedom to Read Protection Act, Rep. Sanders' legislation to amend the Patriot Act to restore legal standards for investigations of libraries and bookstores

Where: Koret Auditorium, Lower Level, San Francisco Main Library, 100 Larkin Street (at Grove)

When: Today, 3:30 to 5 p.m.  

©2003 San Francisco Chronicle

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