Use of the Library
- The Greenwood Lake Public Library provides library services and use to all residents of the Greenwood Lake School District.
The Board of Trustees and the staff are committed to offer these services and to maintain the library grounds in the best possible condition. All patrons are asked to cooperate in carrying out the following rules and regulations:
- Each patron of the library must be mindful of the rights of others. These rights include, but are not limited to being afforded a comfortable, pleasant environment and to work without disturbance.
- Excessive noise in the library is not permitted.
- Animals and/or pets are not allowed in the library, with the exception of guide dogs.
- Food and drink are not allowed, except at special library functions or in designated areas.
- Smoking is not permitted.
- Loitering is not permitted on library property.
- The use of the telephone is restricted to library business. In the case of an emergency, a patron may contact a staff member regarding the use of the telephone.
- Each patron must comply with all library-borrowing rules, and pay any fines owed promptly.
- Patrons must abide by provisions set forth in all sections of the policy manual.
- Responsible use of cell phone inside the library is permitted; however, should use disturb patrons or library operations, the cell phone user may be asked to discontinue use or to complete the call outside.
- Public and Community Relations
The library has a Community Bulletin Board available in the vestibule of the main entrance. With permission from an authorized staff member, the following information may be posted:
- Business card size advertisements from “for-profit” businesses.
- Flyers and event postings for “non-profit” organizations.
- Library events
There will be no soliciting of donations by outside groups at the library.
No printed political endorsements or political fund raising advertisements will be No printed political endorsements or political fund raising advertisements will be displayed.
- Individuals who violate the established rules of conduct:
- Will, at the discretion of the Library Director, be temporarily denied use of the library.
- Will be given the opportunity, at the option of the patron, to address the Board at its next regularly scheduled meeting following the temporary denial. Privileges will be suspended until an appearance is made by the patron. Following such meeting, the Board will take appropriate action. The President will notify the individual(s) as to the Boards decision.
- Will be given the opportunity to appeal the Boards’ decision. Within 30 days, a formal request for a hearing before the Board and the Boards’ attorney will be sent to the Board President.
Confidentiality of Library Records Policy
The choice of books and other library materials, and the use of the informational resources of the library are essentially an individual’s private matter. The library shall make every reasonable and responsible effort to see that information about a patron and his or her choices remains confidential.
Practice
In accordance with Chapter 112, Section 4509, of the New York State civil practice law and rules (attached), no information about a library patron, regarding or including the following, shall be given, made available, or disclosed to any individual, corporation, institution, government agency, or agency without a court order or a court-ordered subpoena.
- A patron’s name (or whether an individual is a registered borrower or has been a patron).
- A patron’s address
- A patron’s telephone number.
- The library’s circulation records and their contents relative to any patron.
- The library’s records pertaining to a patron and relative to reference queries; title records; reserve requests; use of audiovisual materials, films, or records.
- The number or character of questions asked by a patron.
The frequency or content of a patron’s lawful visits to the library or any other information supplied to the library (or gathered by it).
Upon presentation of a valid court order or court-ordered subpoena, the Library Director shall consult with the library’s attorney to determine the possible avenues of relief from the order until such a time as proper showing of good cause has been made in a court of competent jurisdiction.
Public access to general library records is governed by the Freedom of Information Law of the State of New York as interpreted in the Resolution adopted by the Board of Trustees (05/17/90).
All library employees are instructed to comply with the guidelines set forth in this policy and practice statement. Library service records shall be disclosed only as necessary for the customary functioning of the library (e.g. for the prompt retrieval of overdue materials or payment of fines, or for the recovery of lost material).
4509. Library Records
Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, (Added L 1982, c. 14, o 1; amended L 1988, c.112 o 1)
New York State civil Practice Law and Rules
Chapter 112
Please see “addendum to Policies Document I – Patriot Act and FISA guidelines”
Circulation Policy
- Borrowing Privileges
- The Greenwood Lake Library subscribes to the overall borrowing policies of the Ramapo Catskill Library System (hereafter referred to as “RCLS”).
- Any resident of the Greenwood Lake School District may obtain a RCLS Anser card issued from the Greenwood Lake Library.
- A registration file is maintained listing each patron’s name, address, age, birth date, phone number and place of business.
- Two forms of identification, as established by the Library Director, are required at the time of registration.
- Adult borrowers are considered those 18 years of age and over.
- Juvenile borrowers are considered those 17 years of age and younger, and the signature of a parent or guardian is preferred at the time of registration.
- It will be the policy of this library to inform all patrons of these rules and regulations governing the circulation of library materials by posting them in the library.
- Patrons must have a valid RCLS ANSER Card to borrow materials from the Greenwood Lake Public Library.
- ANSER cards are issued at a patron’s home library to a patron in good standing.
- Both adults and children are eligible for ANSER cards.
- As a member of RCLS the Greenwood Lake Public Library participates fully in the New York State Inter-Library Loan Network and loans unrestricted materials freely to libraries and patrons within the System and the region.
- The borrowing privileges of any patron having overdue materials, a record of unpaid fines, or damaged or lost materials, will be denied until the matter is resolved.
- Borrowing Rules
- The patron taking materials from the library assumes full responsibility for those materials.
- Circulating books and other circulating library materials may be borrowed for a period of three weeks (21 days), except those on reserve, in demand or governed by special regulations.
- Inter-library loan items are governed by the borrowing and renewal policy rules of the lending library.
- Adult borrowers (18-years and older) may check-out video cassettes and DVD’s as follows:
- Entertainment video cassettes and DVD’s are loaned for a two (2) day period free of charge, not to exceed five (5) videos or DVD’s per cardholder, and are available for inter-library loan.
- Educational videos and DVD’s are loaned for seven (7) days free of charge and are available for inter-library loan.
- Reference books, bound periodicals, non-circulating computer software, microforms and all reference materials in the Local History Collections are never permitted to leave the library.
- Periodicals are available for circulation for a twenty-one (21) day period, beginning one (1) month after publication date.
7. Reserve items will be held no longer than one (1) week for an individual borrower.
- In special circumstances such as high demand, assignment, need, etc., the borrowing period and /or conditions for any library materials may be adjusted by the Library Director.
- Renewal Rules
- All library materials except those on reserve, in demand, or those governed by special regulations, may be renewed for up to two (2) three-week periods, either by telephone, in person, or on-line.
- Materials from other libraries are governed by the renewal policy rules of the lending library.
- Fines
- The Greenwood Lake Public Library charges fines for overdue library materials. Patrons will be notified of overdue library materials by telephone or by mail. If after three (3) months the overdue materials have not been returned, the patron will be billed for the cost of the items, or court action will be initiated.
- Amounts over $20.00 are eligible for court action.
- Patrons who return overdue materials after court action has been initiated will be subject to a $50.00 fee plus court costs.
- Patrons who return overdue materials after court action has been taken will have their borrowing privileges revoked permanently. They may be reinstated after formally requesting reinstatement from the Board of Trustees by submitting this request in writing to the Library Director, who will present it to the Board for consideration.
- A charge, paid directly to the Greenwood Lake Public Library, is made for any lost ANSER card, as follows:
- 1st instance $1.00
- 2nd instance $2.00
- 3rd instance $3.00
- and so on....
- Greenwood Lake Public Library will charge $ .10 per day for each overdue book, audiotape package, periodical, or music CD. $5.00 is the maximum fine per such item. Senior Citizens do not pay a fine for these items, unless they are overdue for a period of thirty (30) days.
- Fines for videos/DVD’s are $1.00 per day with a maximum of $5.00 per video/DVD.
- Fines are not assessed for any days the library is closed, or closes early.
- Damaged or Lost Library Materials
- Lost materials are subject to a charge to be determined by the Library Director according to the price of the item(s).
- Damaged materials are subject to a charge at the discretion of the Library Director.
- BOOKS IN PRINT (most recent edition) or shelf list prices will be used to determine the cost of replacement.
- Library materials are considered lost if missing from the library for a period of six (6) months.
- Photocopies and Facsimile Services
- Photocopying and facsimile services are available at the Greenwood Lake Public Library on a fee basis. Copies may be made, and faxes sent or received on the library’s equipment for the per-page charge posted at the machines.
- Patrons must engage a staff member to perform copy/fax service. The machines are not to be operated by patrons.
- The library abides by Title 17, U.S. Code, Copyright Law of the United States concerning copyright restrictions as follows:
“The Copyright Law of the United States governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the Law, libraries are authorized to furnish a photocopy of the reproduction. One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship or research.
If the user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of Copyright Law.”
- Book Return After Hours
A book return is provided for patrons to return materials when the Library is closed.
Materials Selection Policy
The library upholds the U.S. Constitution’s 1st Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.”
And the American Library Association’s Library Bill Of Rights:
“The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
- Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
- Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
- Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
- Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
- A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
- Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on a equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.”
Adopted June 18, 1948; amended February 2, 1961 and January 23, 1980, inclusion of “age” reaffirmed January 23, 1996, by the ALA Council.
It is the policy of the Greenwood Lake Public Library that final selection of library materials will be made by the Library Director or the person fulfilling the responsibilities of that position. The Library Director will use the following criteria when considering and selecting library materials:
- The literary value of the material.
- The number of requests for the material.
- The overall popularity of the material.
- The critique and comments offered in (but not limited to) PUBLISHERS WEEKLY, BOOKLIST, LIBRARY JOURNAL, THE NEW YORK TIMES BOOK REVIEW, ALA JOURNAL, PUBLIC LIBRARY CATALOG.
Any patron who questions the selection of particular materials must register a formal Request for Reconsideration of Library Materials form. Any such request will be reviewed at a public meeting of the Board of Trustees.
Computer Policy
The Greenwood Lake Public Library offers computer access as part of its mission to enhance existing library services and materials, provide technological advancement, educational tutoring, information and research tools to the community. Our computers give our patrons access to computer software programs and the Internet. With the addition of this technological tool, the Greenwood Lake Public Library’s Board of Trustees has adopted and implemented the following policies/disclaimers:
- In providing Internet access, the Greenwood Lake Public Library adheres to the principles of intellectual freedom as expressed in the Library Bill of Rights formulated by the American Library Association (posted in the computer log book) and our United States Constitution’s First Amendment rights (posted by the computers).
- The Greenwood Lake Public Library does not monitor information on the Internet and cannot be held responsible for its content. Patrons are advised to exercise judgment and discrimination when accessing material on the Internet and are responsible for the choice of sites that they visit. Restriction of access is the responsibility of the patron or the patron’s parent or legal guardian. Due to the close proximity of computer terminals to each other, the Greenwood Lake Public Library reserves the right to require patrons to exit a site that may be deemed offensive or obscene to others.
- Users must adhere to all copyright laws and licensing agreements of resources obtained via the computer.
- Interference or disruption of network users and services, or purposeful alteration/destruction of equipment (including transmission of threatening, obscene or harassing materials, spamming, propagation of worms or viruses), unauthorized entry to other computers, information, or communication devices or sources, is strictly prohibited and appropriate action will be taken. Patrons are not to change anything on the computer desktop or any of the computer’s setting/configurations. If any such change is necessary for a patron to do their work the patron should advise a staff member. Violations may result in revocation of computer privileges and/or prosecution.
- The library staff reserves the right to suspend and/or revoke an individual’s computer privileges, should any staff member discover that individual using the public access computers for purposes other than outlined herein.
- When using the computers, printers, copiers and fax machine, any patron who deliberately or inadvertently:
- saves documents, pictures and/or downloads to any hard drive
- leaves print outs in an area where they may be picked up
- requests the assistance of library personnel in retrieving, downloading and/or editing information and/or documents
has, in fact, voluntarily relinquished their right to privacy. Should any of the above materials be considered inappropriate or threatening by library personnel and/or patrons, the library will take the appropriate action. This action will include, but not be limited to suspension or revocation of privileges and/or contact with the proper authorities. - Incident reports will be kept on file for users who exhibit inappropriate behavior.
- For any type of computer usage, all patrons under the age of eighteen (18) must have a permission slip (provided by the library) on file at the library. A parent or legal guardian must sign this permission slip at the library.
- Children eight (8) years of age or younger must always be accompanied and monitored by a parent or legal guardian.
- Children age nine (9) to fourteen (14) may independently access only the computer’s software programs. To use the Internet, children under fourteen (14) year of age must be accompanied and monitored by a parent or legal guardian.
- If a parent or legal guardian wants to allow a baby-sitter or other person to supervise their child on the Internet, they must indicate that person’s name on the permission slip. Children can only be supervised by adults (people 18 years or older).
- If a parent or legal guardian wishes to allow a child between the ages of nine (9) and fourteen (14) unsupervised access to the Internet, they must sign and have notarized a special letter from the library. This letter indicates that the library cannot be held responsible for the information that the child accesses and the library cannot assume the role of parent or guardian in regard to the child’s Internet access.
- Young adults age fourteen (14) to eighteen (18) may independently access the Internet as well as our computer software programs, provided that they have a permission slip on file at the library.
- Access is available on a reservation or first-come (based on availability) schedule of 60-minute increments. This time restriction may be waived for special circumstances (e.g. a school report, special project, etc.). Reserved computers will not be held beyond 15 minutes of the reservation time if the patron is late. The Greenwood Lake Public Library reserves the right to limit open computer access in order to provide classes for patrons, input software programs, or for general computer maintenance/problems. The library also reserves the right to limit the amount of sessions in a day for which a patron can register.
- Patrons may be required to show their library card and all users must sign the computer logbook. By doing so, patrons are acknowledging that they agree to follow this Computer Policy statement. The Computer Policy statement is in the front of the computer logbook for patron’s perusal.
- The computer session is free, but printing costs ten cents per page for black and white and fifty cents per page for color. There is no charge for students printing black and white school related materials. Students printing color materials will not be charged for their first seven (7) copies. Printers are located behind the circulation desk and at the copier. Patrons are not permitted to retrieve printed work; a staff member will do this.
- Additionally, we require that the following rules be adhered to:
- Do not attempt to use the computer if you have no knowledge of how to use it without first advising a staff member so that appropriate instructions in the use of the computers can be given.
- Patrons are advised to return the computer to the desktop at the end of their sessions.
- Do not turn the computers on or off. If this is required, please ask a staff member to help you.
- Report any equipment or software problems immediately to a staff member.
- Do not save anything to the C (hard) drive. Any materials you wish to save must be saved on a 3.5” diskette that you may bring from home or purchase from the library for one dollar.
- If you wish to use one of our programs that requires a CD-ROM, please advise a staff member.
- Do not bring in any software programs from home and attempt to run or install them.
Please note that due to the emerging nature of these services, policies are subject to change without notice and at the library’s discretion.
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revised 1/21/99, 2/1/00; 4/24/01; 2/26/02; 2/25/03; 11/3/03; 12/06/04
Program Room
The Library’s Program Room was planned primarily to be used for library sponsored and cosponsored programs and activities. As a public institution, the library also tries to share these limited facilities with local non-profit community groups and organizations on as widespread and equitable a basis as possible for educational, recreational, cultural and informational meetings and programs. Scheduling priorities shall be as follows: library sponsored and cosponsored activities followed by meetings and events sponsored by non-profit groups from the chartered library district, the Greenwood Lake Union Free School District, the Village of Greenwood Lake, and the Town of Warwick.
The Library Board of Trustees has approved the following guidelines for Program Room use by outside groups.
- The program room may not be used without permission from the Library Director or designated coordinator.
- 2. Space is not available for the benefit of private individuals, profit making organizations, social gatherings, religious services, political gatherings or commercial organizations.
- Approval is granted on a first come, first serve basis for only a single meeting or for a series of meetings.
- Space is only available after library hours with the express permission of the Director or a designated coordinator. Access arrangements will be made at this time.
- A fee of $25.00 per use (subject to change) will be required upon booking the room. In the event of cancellation by either party, the fee is refundable.
- The applicant shall be responsible for the observance of all rules and regulations. Any damage is the responsibility of the applicant and the group using the room.
- Applicant’s group must submit a certificate of insurance naming the library as additionally insured with their application.
- When the library is open to the public during regular operating hours, the noise level in the program room must not interfere with the public’s use of the library.
- No smoking in the building and no alcoholic beverages or any illegal substances are allowed on the premises.
- Simple refreshments may be served provided that the room is left in the condition in which it was found. Users must bring their own utensils and supplies.
- All refuse must be disposed of in containers provided, and transported to the dumpster in the parking lot.
- Organizations may make arrangements with the library through the Director to utilize library A/V equipment, furniture and kitchen.
- Nothing should be attached by tape or any other means to the walls of the building. Putting up decorations or scenery, or moving furniture is prohibited unless special permission is granted.
- Items may not be sold, exhibited or displayed without permission.
- Adult supervision must be provided at all times.
- Those using library facilities must park vehicles in designated places. Parking in unauthorized areas (i.e.: Village commuter lot) may result in vehicles being ticketed, or towed by the Village of Greenwood Lake.
- The Library Board of Trustees is not responsible for cancellation of the use of the program room due to inclement weather or power failure.
- The Library Board of Trustees is not responsible for accidents, injury, or loss of individual property while the room is in use.
- The library will not assume responsibility for any properties left by the applicant in the program room.
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Adopted 11/19/02; amended 12/06/04
Printable Program Room Application
Youth Study Center
The Youth Study Center is designed to attract and facilitate study, conversation and intellectually stimulating activities in a comfortable, contemporary atmosphere for the community’s pre-teen and teen population.
The Library Board of Trustees has approved the following guidelines for the Youth Study Center:
- Patrons in Grades 5 through College are permitted to use the Youth Study Center.
- During Youth Study Center operating hours, all users are bound by general library policies, as set forth in Section I of this manual.
- In addition to adhering to library policies, users must follow the rules posted in the Youth Study Center.
- Library personnel will staff the Center during its operating hours.
- Outside groups or individuals requesting to reserve the room must obtain approval from the library’s designated coordinator and/or an authorized representative of the Village of Greenwood Lake.
- Outside groups who have reserved the room must follow village and library policies and guidelines. These can be obtained at the time the room is reserved.
- All outside groups or individuals must be supervised by a responsible adult while utilizing the facility.
- Outside groups are asked by both the village and the library to submit a certificate of insurance naming the library and/or village as additionally insured.
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12/06/04
Security
The Greenwood Lake Public Library web site is intended to provide information to staff and directors of member libraries, library trustees, RCLS staff, the general public, and other interested parties. Information about member libraries should be confirmed with each library. Useful links to the Internet are provided as a public service to meet the informational, recreational and educational needs of the site’s users.
Privacy
The Greenwood Lake Public Library may count the number of viewers of different web pages within the sites it hosts, using standard web server log files. This information is collected in order to improve the content offered on those sites and may be used to compile statistical reports. These logs do not include names, phone numbers, addresses, email addresses, or other identifying personal information.
The Greenwood Lake Public Library adheres to the New York State Laws on Library Records (civil Practice Laws and Rules, Section 4509), which states that library records shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute.
Copyright
All text, graphics and other material on the Greenwood Lake Public Library web site are property of the Greenwood Lake Public Library. The Greenwood Lake Public Library retains the rights to all content on the Greenwood Lake Public Library web site. The material on the Greenwood Lake Public Library web site may be viewed, copied, or printed for personal use provided that it is used for non-commercial purposes. Use of material on the web site for any other purpose, without the written permission of the Greenwood Lake Public Library, is strictly prohibited. To request permission or to use information from this web site, please contact Joan Carvajal at (845) 477-8377, ext. 15. When using material from the Greenwood Lake Public Library web site, a copyright notice must be included and proper credit to the Greenwood Lake public Library must appear in close proximity of the material used.
Information made available through the Greenwood Lake Public Library web site may be subject to copyright or trademark restrictions. Users are responsible for determining intellectual property rights, obtaining permission, and paying fees associated with using material. Reproduction and distribution of copyrighted material accessed through the Greenwood Lake Public Library web site are governed by Title 17 of the U.S. Code.
Disclaimers
The information on the Greenwood Lake Public Library web site is provided “as is”. The Greenwood Lake Public Library makes no warranty, expressed or implied, including the warranty of merchantability and fitness for a particular purpose. The Greenwood Lake Public Library does not assume any liability or responsibility for the accuracy, completeness, timeliness, or usefulness of any information of this site.
In addition, the Greenwood Lake Public Library makes no warranty that the web site will be free from interruptions in functionality or availability or from viruses and other harmful computer code. The Greenwood Lake Public Library reserves the right to modify information on this web site at any time. The Greenwood Lake Public Library assumes no liability for damages resulting from the use of this web site.
The Greenwood Lake Public Library web site provides links to other web sites and may be linked to from other web sites. This linking does not constitute an endorsement or recommendation of the content on those web sites. The Greenwood Lake Public Library disclaims any responsibility for the materials contained in any web site linked to by this site or any information made available through its web site. The Greenwood Lake Public Library is not responsible for the availability or operation of any site linked to by the Greenwood Lake Public Library web site.
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2/25/03
Increased visits to libraries by law enforcement agents, including FBI agents and officers of state, county and municpal police departments, are raising considerable concern among the public and the library community. These visits are not only a result of the increased surveillance and investigation prompted by the events of September 11, 2001 and the subsequent passage of the USA PATRIOT Act, but also as a result of law enforcement officers investigating computer crimes, including email threats and possible violations of the laws addressing online obscnity and child pornography.
These guidelines, developed to assist libraries and library staff in dealing with law enforcement inquiries, rely upon the ALA's Policy on the Confidentiality of Library Records, it's Policy Concerning Confidentiality of Personally Identifiable Information, and the Code of Ethics.
Librarians’ professional ethics require that personally identifiable information about library users be kept confidential. This principle is reflected in Article III of the Code of Ethics, which states that “[librarians] protect each library user’s right to privacy and confidentiality with respect to information sought or received, and resources consulted, borrowed, acquired, or transmitted.”*
Currently, 48 states and the District of Columbia have laws protecting the confidentiality of library records, and the Attorneys General of the remaining two states, Hawaii and Kentucky, have ruled that library records are confidentail and may not be disclosed under the laws governing open records. Confidentail library records should not be released or made available in any format to a federal agent, law enforcement officer, or other person unless a court order in proper form has been entered by a court of competent jurisdiction after a showing of good case by the law enforcement agency or person seeking the records.
* While library registration records are not included in this policy, libraries must be cautious about making these records available to third parties.
Before any visit:
- Designate the person or persons who will be responsible for handling law enforcement requests. In most circumstances, it should be the library director, and, if available, the library’s legal counsel.
- Train all library staff, including volunteers, on the library’s procedure for handling law enforcement requests. They should understand that it is lawful to refer the agent or officer to an administrator in charge of the library, and they do not need to respond immediately to any request.
- Review the library’s confidentiality policy and state confidentiality law with library counsel.
- A court order may require the removal of a computer workstation or other computer storage device from the library. Have plans in place to address service interruptions and any necessary backups for equipment and software.
During the visit:
- Staff should immediately ask for identification if they approached by an agent or officer, and then immediately refer the agent or officer to the library director or other designated officer of the institution.
- The director or officer should with the agent with library counsel or another colleague in attendance.
- If the agent or officer does not have a court order compelling the production of records, the director or officer should explain the library’s confidentiality policy and the state’s confidentiality law, and inform the agent or officer that users’ records are not available except when a proper court order in good form has presented to the library.
- Without a court order, neither the FBI nor local law enforcment has authority to compel cooperation with an investigation or require answers to questions, other than the name and address of the person speaking to the agent or officer. If the agent or officer persists, or makes an appeal to patriotistm, the director or officer should explain that, as good citizens, the library staff will not respond to informal requests for confidential information, in conformity with professional ethics, First Amendment freedoms, and state law.
- If the agent or officer presents a court order, the library director or officer should immediately refer the court order to the library's legal counsel for review.
If the court order is in the form of a subpoena:
- Counsel should examine the subpoena for any legal defect, including the manner in which it was served on the library, the breadth of its request, its form, or an insufficient showing of good cause made to the court. If a defect exists, counsel will advise on the best method to resist the subpoena.*
- Through legal counsel, insist than any defect be cured before records are released and that the subpoena is strictly limited to require release of specifically identified records or documents.
- Require that the agent, officer, or party requesting the information submit a new subpoena in good form and without defects.
- Review the information that may be produced in response to subpoena before releasing the information. Follow the subpoena strictly, and do not provide any information that is not specifically requested in it.
- If disclosure is required, ask the court to enter a protective order (drafted by the library's counsel) keeping the information confidential and limiting its use to the particular case. Ask that access be restricted to those persons working directly on the case.
If the court order is in the form of a search warrant:
- A search warrant is executable immediately, unlike a subpoena. The agent or officer may begin a search of library records as soon as the library director or officer is served with the court’s order.
- Ask to have library counsel present before the search begins in order to allow library counsel an opporunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant.
- Cooperate with the search to ensure that only identified in the warrant are produced and that no other users’ records are viewed or scanned.
* Usually, the library can file a motion to quash the subpoena or a motion for a protective order. Normally, a hearing is held where the court will decide if good cause exists for the subpoena or if it is defective, and then decide whether the library must comply with the subpoena. Consult with counsel on all issues, including the payment, or costs, if the library is the unsuccessful party.
If the court order is a search warrant issued under the Foreign Intelligence Surveillance Act (FISA) (USA PATRIOT Act Amendment):
- The recommendations for a regular search warrant still apply. However, a search warrant issued by a FISA court also contains a “gag order.” That meants that no person or institution served with the warrant can disclose that the warrant has been served or that records have been produced pursuant to the warrant.
- The library and its staff must comply with this order. No information can be disclosed to any other party, including the patron whose records are the subject of the search warrant.
- The gag order does not change a library’s right to legal representation during the search. The library can still seek legal advice concerning the warrant and request that the library’s legal counsel be present during the actual search and execution of the warrant.
- If the library does not have legal counsel and wishes legal advice, the library can still obtain assistance from Jenner & Block, the Freedom to Read Foundation’s legal counsel. Simply call the Office for Intellectual Freedom (1.800.545.2433 x4223) and inform the staff that you need legal advice. OIF staff will assure than an attorney from Jenner & Block returns your call. You do not have to and not inform OIF staff of the existence of the warrant.
After the Visit:
- Review the court order with library counsel to ensure that the library complies with any remaining requirements, including restrictions on sharing information with others.
- Review library policies and staff repsonse and make any necessary revisions in light of experience.
- Be prepared to communicate with the news media. Develop a public information statement detailing the principles upholding library confidentiality that includes an explanation of the chilling effect on First Amendment rights caused by public access to users’ personally indentifiable information.
- If possible, notify the ALA about your experience by calling the Office for Intellectual Freedom at 800.545.2433 x4223.