If law enforcement agents or officers arrive at CLAN's central site or administrative offices, ALA recommends the following:

• Staff should immediately ask for identification if they are approached by an agent or officer, and then immediately refer the agent or officer to the Systems and Network Administrator (SNA) or the Executive Director (ED).

• The SNA or ED should meet 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 SNA or ED should explain 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 been presented to the CLAN administration.

• Without a court order, neither the FBI nor local law enforcement 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 patriotism, the SNA or ED should explain that, as good citizens, CLAN 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 SNA or ED should immediately refer the court order to CLAN'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 CLAN, the breadth of its request, its form, or an insufficient showing of good cause made to a court.  If a defect exists, counsel will advise on the best method to resist the subpoena.

• Through legal counsel, insist that 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 the 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 CLAN'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.

• A search warrant is executable immediately, unlike a subpoena.  The agent or officer may begin a search of CLAN records as soon as the SNA or ED  is served with the court's order.

• Ask to have library counsel present before the search begins in order to allow CLAN's counsel an opportunity 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 the records identified in the warrant are produced and that no other users' records are viewed or scanned.  

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 means 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.  

• CLAN 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 the  right to legal representation during the search.  CLAN can still seek legal advice concerning the warrant and request that  legal counsel be present during the actual search and execution of the warrant.

After the visit:

• Review the court order with CLAN counsel to ensure that CLAN complies with any remaining requirements, including restrictions on sharing information with others.

• Review CLAN policies and staff response 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 confidentiality.