Bill to increase federal access to student records if passed
The civil liberties of college students across the nation may be threatened by the U.S. government’s hidden fear of another terrorist attack.
This is due, in part, to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, which Congress passed in October 2001. Attorney General John Ashcroft drafted the legislation as an anti-terrorism measure, according to www.aclu.org.
The act outlines several guidelines that undermine basic constitutional rights, including intercepting wire, oral and electronic communications relating to terrorism (Sec. 201), seizing voice-mail messages pursuant to warrants (Sec. 209) and scope subpoenas for records of electronic communications (Sec. 210), according to the act.
The act also authorizes law enforcement authorities to have access to patron records in libraries and institutions. Such records include electronic mail and other electronic communications, according to the American Library Association.
USU counsel and library officials will be discussing implementations to the internal policies of on-campus libraries this summer in order to conform to the guidelines of the act.
John Elsweiler, associate director of Public Services for USU Libraries, said, “We haven’t talked with the university counsel yet to discuss the impact [the act] will have on the services we offer. It’ll mostly be internal policies that we have to develop. It will have no effect on the day-to-day processes of the library.”
Ashcroft recently drafted a new piece of legislation called the Domestic Security Enhancement Act of 2003, which is a successor to the Patriot Act. If the bill is passed, it will increase domestic intelligence gathering, surveillance and law enforcement prerogatives, according to www.aclu.org.
Plans for the act were revealed Feb. 7 through a leak to the Center for Public Integrity.
With the integration of both acts, law enforcement officers can demand students’ academic records from colleges and universities. Internet service providers may be required to report on Internet and e-mail activity by people the federal government is spying on.
Heidi Beck, USU associate registrar, said, “To my knowledge, the university has not been contacted by any government agencies utilizing the Patriot Act to gain information.”
Many citizens across the nation are struggling with the idea of the government invading people’s educational and personal records.
Elsweiler said, “Our libraries have traditionally held the policy that patrons’ records are private. We don’t feel that everyone has the right to check out [those records]. It kind of goes against traditional feelings. It’s kind of unnerving.”
Trisha Riley, a junior majoring in psychology, said, “I don’t think it’s right. I think [the government] already has so much access to records, and this just makes it easier for them.”
However, students like Eli Call, a senior majoring in finance, feel there is nothing wrong with making personal student records available to government officials.
“I think it’s fine. If anyone has something to hide, then they shouldn’t be hiding it,” Call said.
–mmackay@cc.usu.edu