Law Enforcement Cooperation Policy
The Milford Town Library supports the President of the United States and congressional leaders in our nations efforts to preserve and protect the many hard fought freedoms we enjoy as Americans. However, public libraries face the dilemma of having the responsibility of protecting the privacy of our patrons, while responding to legitimate national security and law enforcement concerns. Due to the passage of the USA Patriot Act, and the increase in computer crimes including email threats, online obscenity and child pornography, visits by law enforcement officers to libraries have increased.
Confidentiality
These guidelines, developed to assist the Milford Town Library staff in dealing with law enforcement inquiries, rely upon the Library’s confidentiality and privacy policies, and the American Library Association’s Code of Ethics.
The mission statement of the Milford Town Library includes the statement: “We are dedicated to providing free, easy, equal and confidential access to all forms of human expression.
The Milford Town Library policy on the “Confidentiality of Library Records” states that “in accordance with Mass General Laws, Chapter 4 Section 26 and Chapter 78 Section 7, circulation and registration records identifying the names of library users are not part of public record. The intellectual pursuits of individuals using library materials are considered confidential information regardless of the age of the borrower. Such records shall not be made available to any individual, or agency except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power.”
The Milford Town Library strives to create a safe, crime free environment, where patrons can pursue knowledge and information on any topic, and patrons can ask any question and discuss any topic. The Library will rely on existing laws and library policy to control behavior that involves public safety or criminal behavior.
USA Patriot Act of 2001
HR-3162 became Public Law 107-56 in response to the events of September 11, 2001. The full title of the law is: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The Act may provide law enforcement with broader boundaries when investigating information accessed and transmitted by patrons with regards to national security concerns. Access to patron information may include but not be limited to:
- Computer use records
- Circulation records
- Database search records
- Inter-library loan records
- Reference interviews
Significantly, the Act provides that “no person shall disclose to any other person (other than those necessary to produce the tangible things under this section) that [law enforcement] has sought or obtained tangible things under this section.”
Information Access and Confidentiality
Circulation Records: Books and other materials are checked out to the public via the C/W MARS Innovative Interfaces system. The circulation software, which is housed and maintained at the C/W MARS Central Site office in Paxton, tracks items checked out to the current borrower and also retains the name of the patron to whom the item was last checked out. Items, whether currently checked out or on the shelf, retain the link to the previous borrower. When the item is returned, the link to the prior borrower is severed so long as all fines are paid. With unresolved or blocked accounts where items are lost or fines unpaid, the link between the delinquent borrower and the borrowed item remains until the issue with the account is resolved.
Item search: A search of the C/W MARS circulation database by item will reveal the current borrower (if the item is in circulation) and the previous borrower.
Borrower search: A search of the C/W MARS circulation database by name of the borrower will reveal the names of books that the borrower currently has checked out; the names of items associated with currently unpaid fines, and the fines paid on overdue items in the past 5-8 months.
System blocks: The C/W MARS system automatically blocks a patron from borrowing materials if there are outstanding fines in excess of $10.00, or if they have a lost book on their account. Manual blocks: Member libraries may attach notes to a borrower’s record that will display when that borrower attempts to check out materials.
PC Workstations: The Milford Town Library PC workstations offer Internet access, online catalog stations, word-processors, and homework center PCs. Patrons may access these work stations for no more than 2 one-hour sessions, on any of the PCs, per day. Walk up access is possible on unused PCs, or advance reservations may be made at the PC reservation terminal. Information is maintained detailing how often the PCs were accessed but not what sites were accessed. At the end of the day (12:00 a.m.) the library card numbers of the daily users are purged from the system. Internet and PAC search histories are purged when a User logs off their session.
System-wide Holds: This is a hold placed online by a member library for an item in their own or another member libraries collection. System wide holds create a link between an item and the patron requesting the item, before the patron has actually received the item. When the patron actually receives and checks out the item, the link becomes a “circulation” record, and the request link is removed. No long-term record of the request is retained after this point.
Interlibrary Loan Records: Interlibrary Loans are transactions in which library materials are requested from a library outside the C/W MARS system. The Milford Town Library tracks items currently being borrowed and generates a paper record with patron information. After a period of 2 months, once the materials are returned to the owning library and all appropriate fines/fees have been paid, the paper record is destroyed.
Reference Interviews: A reference interview occurs when a patron looking for information approaches a staff member, and that staff member questions or interviews the patron to narrow down the specific information needed. Notes may be taken to facilitate the search, and patron contact information may be recorded in order to get back to that patron. All paper records of a reference interview are destroyed as soon as the requested information has been delivered.
Milford Town Library Procedure for Complying with Law Enforcement
Milford Town Library employees will comply with law enforcement when supplied with a legal subpoena or warrant. Such requests will always be in writing.
If anyone approaches a staff member alleging to be a law enforcement official requesting information do not disclose to that individual any information. Immediately contact the Library Director. If the Director is outside the building, every attempt should be made to contact the Director. In the case that the Director cannot be reached, contact a Supervisor.
The Director or Supervisor will ask to see official identification and will photocopy the identification.
- If a Library employee is presented with a subpoena, the employee should direct the person to the Library Director. The Director will in turn direct the subpoena to Town Counsel (Gerry Moody 634-2302). Town Counsel will advise the library how best to proceed. The Director will inform the Law Enforcement officer of this procedure.
- If a staff member is presented with a warrant, a warrant is executable immediately, and library staff should not interfere with their search or seizure. The staff member should immediately contact the Library Director, and the Director will in turn inform Town Counsel.
- The Milford Town Library will keep a record of all legal requests. The staff member served with the subpoena or warrant should file an Incident Report with the Director. A record of all cost incurred by any search and/or seizure should also be retained.
- If staff is presented with a FISA Warrant (a warrant issued under the Foreign Intelligence Survellience Act), they may not disclose to any other person, other than Town Counsel (this includes co-workers not directly involved in the process, library trustees, or the town’s governing authority) that the FBI has obtained records or things pursuant to the USA Patriot Act. Library Staff presented with a FISA warrant should follow the same procedure as for a regular warrant - check ID, etc.
Emergency Disclosures of Communication
If in the normal course of business, the library staff observes what can be reasonably construed to be a threat of imminent danger they are to contact law enforcement immediately. They should then contact the Library Director or a Supervisor and fill out an Incident Report Form.
Adopted by Board of Library Trustees November 18, 2003