Patriot Act allows government to seize student records

UCCS attempts to protect student library records from the USA Patriot Act of 2001, which allows the Federal government to search and seize student information.

Section 215 of the act states the Federal government can access "any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence."

This includes student library records that, according to Kevin Jacobs, UCCS library circulation supervisor, are currently being managed by the remote database program, Millennium.

One feature of this program is that it stores a small amount of student information in a longterm library record on campus.

This information is limited. "Once an item is checked in, it comes off the patron record so we can't go back in and find out what somebody has checked out in the past," said Liz Taylor, UCCS library circulation supervisor.

However, Taylor also said that if an item has an associated late fee, this record becomes part of the student's permanent library record.

In comparison, the library at Pikes Peak Community College (PPCC) utilizes a similar database program, AG, in an effort to protect their students' information as well, according to Susan Dodson, PPCC library tech.

However, the Patriot Act also gives the Federal government power to seize information from an "electronic communication service or remote computing service."

This means that the Federal government can go directly to the remote database operator of these programs and access their backups.

Dodson said, "I can't imagine they couldn't tag a bar code number and find out who had [a specific book]. I don't know what AG saves."

In addition, the Federal government does not have to notify students who are under surveillance prior to obtaining records.

Section 213 states that the courts may delay notifying students that there is a search warrant against them as long as notice is given "within a reasonable time period of its execution, which period may thereafter be extended by the court."

Furthermore, section 215 states, "No person shall disclose to any other person…that the Federal Bureau of Investigation has sought or obtained tangible things under this section."

In other words, no one at UCCS is allowed to inform a student under surveillance that their university records have been searched and/or seized by agents of the Federal government.

However, UCCS does not automatically hand over a student's library records to the Federal government either.

Taylor said that if the Federal government were to ask for student records at UCCS, the library staff is "instructed to call our legal department and they will handle it; we don't get involved."

Reactions vary from UCCS staff and students regarding the Patriot Act.

"I feel what somebody has checked out is their own business; librarians don't like to censor materials," said Taylor, "although…

it all depends on what the activity is."

Jacobs said, "It makes me have questions."

Emily Hecker, biology major, said, "It is violating my personal information that they don't need access to."

Rob Prose, global politics and geography major, said, "Most of the Patriot Act is an infringement on the civil liberties of American citizens and I think it's up to us being in a representative democracy to challenge our elected officials to reform [it]."

While UCCS' efforts may not allow the Federal government to immediately seize student records, it can't permanently bar access, either.