MEMORANDUM

TO:                            Division Heads

FROM:                     Kathleen Thompson, Library Director

DATE:                      July 11, 2002

SUBJECT:  Patriot Act and FBI inquiries

Under the new USA PATRIOT ACT* signed into law by President Bush last October, the FBI has unprecedented access to library records to pursue terrorists.   

The FBI must first obtain a search warrant from a court that meets in secret to hear the agency's case. The investigators must show they have reason to suspect that a person is involved with a terrorist or a terrorist plot.  Once the warrant has been obtained, FBI investigators can visit a library and gain immediate access to the records.

In the rare event that our library records would be requested by the FBI, Chapel Hill’s Police Attorney Terrie Gale recommends the following staff procedure: 

1. Refer all inquiries to the highest ranking supervisor (Director, Assistant Director, Division Head, professional staff, Circulation Desk Supervisor in that order) in the building to handle the issue. 

2. The supervisor should explain to the investigators that

a. credentials would need to be verified prior to providing any information.

b. library staff lacks the expertise to verify FBI credentials.

c. staff has been instructed to call the Town Attorney or the Police Attorney before complying with any request regarding patron records. 

3. The supervisor should then call the Town Attorney or the Police Attorney and request further direction.   If neither attorney can be contacted, the supervisor should call the Police Department main desk (968-2760) and request assistance.

Town Attorney:            Ralph D. Karpinos                    Police Attorney:            Terrie Gale

                                    968-2888, x 230 (w)                                                    932-2925 (w)

                                    933-8382 (h)                                                               942-6166 (h)

                                                                                                                        216-0348 (pager)

USA PATRIOT ACT = "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act"