USA PATRIOT Act News
For the latest news on the USA PATRIOT Act, visit Review IFACTION Archive; see also The Eternal Value of Privacy.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * *
George Christian Urges Congress to Reconsider Parts of the USA PATRIOT Act (April 17, 2007)
Particular Provision of PATRIOT Act is Frightening (April 16, 2007; The Hill's Congress Blog)
Former Library Connection "John Doe" testifies before Congress (April 11, 2007; ALA Public Information Office)
Post details: PATRIOT Act Update-Former Library Connection "John Doe" testifies before Congress (April 11, 2007; ALA Washington Office)
AAP Applauds Senate Testimony by 'John Doe' Librarian (April 11, 2007)
FBI Misused Patriot Act, Justice Department Audit Says (March 9, 2007; American Libraries Online)
Statement from ALA President Leslie Burger on Justice Dept. Investigation into FBI, NSLs (March 8, 2007)
Response to DoJ Inspector General’s Report On FBI’s Use of National Security Letters (March 9, 2007)
FACT SHEET: Department of Justice Actions on FBI Use of National Security Letters (March 9, 2007)
Statement from ALA President Leslie Burger on Justice Dept. Investigation into FBI, NSLs (March 8, 2007)
Why the ADVISE Data-Mining Program May be Very Ill-Advised: Reports of Likely Privacy Violations Point to the Need to Mandate Specific Privacy Safeguards By Anita Ramasastry (March 8, 2007; Findlaw)
Attorney General's Letter to the Inspector General (PDF; March 1, 2007)
Responses to questions posed to FBI Director Robert S. Mueller III, following Director Mueller's appearance before the Committee on May 2, 2006. The subject of the Committee's hearing was "Oversight of the Federal Bureau of Investigation." The FBI submitted these responses for clearance on July 10, 2006. (November 30, 2006)
Four Connecticut Librarians Shed John Doe Gag (June 2, 2006)
"'I am relieved that a federal court has at long last lifted a Patriot Act gag order and allowed me to acknowledge that I am the recipient of a National Security Letter [NSL] on behalf of my organization, Library Connection,' asserted Executive Director George Christian at a May 30 press conference at the New York City headquarters of the American Civil Liberties Union. The statement ended months of speculation that the Library Connection—a nonprofit consortium of 27 public and academic libraries in central Connecticut—is the John Doe plaintiff in Doe v. Gonzales. Christian was joined by fellow "Doe" plaintiffs Barbara Bailey, Library Connection board president and director of the Welles-Turner Memorial Library in Glastonbury; Vice-president Peter Chase, director of the Plainville Public Library; and Secretary Janet Nocek, Portland Library director."
Lawmakers Call for Limits on F.B.I. Power to Demand Records in Terrorism Investigations (November 7, 2005)
"Republicans and Democrats in Congress called on Sunday for greater restrictions on the Federal Bureau of Investigation's ability to demand business and personal records in terrorism investigations without a judge's approval and to retain the records indefinitely."
The FBI's Secret Scrutiny (November 6, 2005)
"Senior FBI officials acknowledged in interviews that the proliferation of national security letters results primarily from the bureau's new authority to collect intimate facts about people who are not suspected of any wrongdoing. Criticized for failure to detect the Sept. 11 plot, the bureau now casts a much wider net, using national security letters to generate leads as well as to pursue them. Casual or unwitting contact with a suspect -- a single telephone call, for example -- may attract the attention of investigators and subject a person to scrutiny about which he never learns." See also Confidentiality and Coping with Law Enforcement Inquiries: Guidelines for the Library and its Staff and Patriot Primer.
Sanders' Freedom to Read Language Dropped from Spending Bill (November 4, 2005)
"Today, House-Senate negotiators dropped language that would restrict searches of library and bookstore records under the USA PATRIOT Act from the $57.9 billion FY06 Commerce-Justice-Science spending bill. Rep. Bernie Sanders (I-VT) had added the language protecting library records as an amendment to the House Science-State-Justice Subcommittee (SSJC) appropriations bill earlier this year. The Sanders amendment passed the House in June in a stunning 238-187 victory. The appropriations bill funds the Justice Department and Sanders' amendment proposed to bar the Department from using any of the appropriated money to search library and bookstore records under Section 215 of the USA PATRIOT Act. The bill had drawn a veto threat from the White House."
Ginsburg denies ACLU application (PDF: October 7, 2005)
Justice Ruth Bader Ginsburg has denied the ACLU application for emergency relief in Doe v. Gonzales, the Connecticut librarian's challenge to an NSL. The decision is attached.
In short, this means that the case will proceed in the Second Circuit, to which the government appealed a lower court's order to strike down the NSL provision of section 505 of the USA PATRIOT Act. The gag order binding Doe will remain in effect during that time.
PATRIOT Act Showdown Looms (October 5, 2005)
The battle over the re-authorization of the expiring sections of the PATRIOT Act is expected to conclude during the week of October 17, when conferees meet to reconcile the bills passed by the House and Senate. House conferees will probably be chosen late this week. Staff members will begin meeting next week to hammer out a compromise to be presented to the conferees for a vote the following week.
The Campaign for Reader Privacy continues to urge its supporters to call and write their representatives in Washington in support of the Senate re-authorization bill, S. 1389, which is more protective of reader privacy than the House bill. Rep. Bernie Sanders (I-VT) has been circulating a letter, to be presented to House conferees when they are named, urging them to adopt S. 1389. One hundred forty-two members of the House have signed the letter so far, including eight Republicans.
The search for Republican support for S. 1389 received a boost this week when eight national business groups, including the United States Chamber of Commerce and the National Association of Manufacturers, endorsed the bill in a letter to the conferees. Their letter praised the Senate bill for strengthening safeguards for business records sought under Section 215. "We support the revision in the Senate bill that requires a statement of fact and some linkage between the records sought and an individual suspected of being a terrorist or spy," it read. The other signatories were the Association of Corporate Counsel, Business Civil Liberties Inc., the Financial Services Roundtable, and the National Association of Realtors.
ALA joins challenge to Patriot Act in U.S. Supreme Court (October 4, 2005)
CHICAGO - Today, the American Library Association (ALA) and the Freedom to Read Foundation joined with the Association of American Publishers and the American Booksellers Foundation for Free Expression to file an amicus brief before the U.S. Supreme Court (PDF) supporting "John Doe," an ALA member who is challenging Section 505 of the USA PATRIOT Act with the support of the American Civil Liberties Union (ACLU).
The brief emphasizes the fact that a library already has been identified in a September 21 New York Times story, which stated: "A search of a court-operated Web site offered a pointer to the plaintiffs' identity. There, a case numbered 3:2005cv01256 is listed under the caption, "Library Connection Inc. v. Attorney General."
The ALA brief asserts: "The speculation highlights the absurdity of the permanent gag order, and puts an ALA member in an untenable bind. With this report in the public domain, the gag order both serves an even less important interest and causes even greater First Amendment harm that this Court must remedy."
The brief supports the ACLU motion before the U.S. Supreme Court seeking an emergency court order to lift the FBI gag order imposed on Doe so that the plaintiff, an actual recipient of a National Security Letter, can participate in the public debate as Congress prepares to reauthorize or amend the PATRIOT Act in the coming weeks.
"Doe is perhaps the most important voice in the current debate over the USA PATRIOT Act," said ALA President Michael Gorman. "It is essential that the Supreme Court vacate the stay barring Doe from speaking to Congress and the American people about his experience."
Section 505 authorizes the FBI to use National Security Letters, a form of administrative subpoena, to demand a wide range of personal records, including library records, without court approval or judicial supervision, permitting the FBI to demand a library user's records without showing that the library user is suspected of wrongdoing. Those who receive an NSL are subject to an automatic, permanent gag order and are required to keep silent.
U.S. District Judge Janet C. Hall previously ruled that disclosure of the recipient's identity would jeopardize neither national security nor the investigation. The federal government has appealed to the 2nd U.S. Circuit Court of Appeals.
-30-
PATRIOT Act Showdown Looms (October 5, 2005)
The battle over the re-authorization of the expiring sections of the PATRIOT Act is expected to conclude during the week of October 17, when conferees meet to reconcile the bills passed by the House and Senate. House conferees will probably be chosen late this week. Staff members will begin meeting next week to hammer out a compromise to be presented to the conferees for a vote the following week.
The Campaign for Reader Privacy continues to urge its supporters to call and write their representatives in Washington in support of the Senate re-authorization bill, S. 1389, which is more protective of reader privacy than the House bill. Rep. Bernie Sanders (I-VT) has been circulating a letter, to be presented to House conferees when they are named, urging them to adopt S. 1389. One hundred forty-two members of the House have signed the letter so far, including eight Republicans.
The search for Republican support for S. 1389 received a boost this week when eight national business groups, including the United States Chamber of Commerce and the National Association of Manufacturers, endorsed the bill in a letter to the conferees. Their letter praised the Senate bill for strengthening safeguards for business records sought under Section 215. "We support the revision in the Senate bill that requires a statement of fact and some linkage between the records sought and an individual suspected of being a terrorist or spy," it read. The other signatories were the Association of Corporate Counsel, Business Civil Liberties Inc., the Financial Services Roundtable, and the National Association of Realtors.
ACLU Disappointed with Patriot Act Expansion Bill Approved in Secret; Says "Administrative Subpoenas" Create End-Run Round Constitution (June 7, 2005)
Following reports that the Senate Select Committee on Intelligence today approved—behind closed doors—legislation designed to reauthorize and expand the Patriot Act, the American Civil Liberties Union expressed its disappointment with the secretive process and the end result that tramples on the Constitution. See also ACLU’s concerns with the proposed legislation and a sign-on letter objecting to the administrative subpoena power.
EFF Obtains Draft PATRIOT Bill, Bill Gives Justice Department More Power to Demand Private Records (May 20, 2005)
On Thursday, May 26, the Senate Select Committee on Intelligence will consider in closed session a draft bill that would both renew and expand various USA PATRIOT Act powers. The Electronic Frontier Foundation (EFF) has obtained a copy of the draft bill, along with the committee's summary of it, and has made them available to journalists and interested citizens on its Web site.
"Even though Congress is still debating whether to renew the broad surveillance authorities granted by the original USA PATRIOT Act, the Justice Department is already lobbying for even more unchecked authority to demand the private records of citizens who are not suspected of any crime," said Kevin Bankston, EFF attorney and Equal Justice Works/Bruce J. Ennis Fellow. "The Senate's intelligence committee should focus on adding checks and balances to protect against abuse of already-existing PATRIOT powers, or repealing them altogether, rather than working to expand them behind closed doors."
Draft of new PATRIOT Act powers (PDF); "A Bill to Permanently Authorize Certain Provisions of the PATRIOT Act and Other Matters," Senate Select Committee summary (PDF)
* * * * * * *
ALA president releases statement regarding USA PATRIOT Act Senate Judiciary Committee Hearing (April 7, 2005)
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA PATRIOT Act”) became law on October 26, 2001. Visit the pages below for a thorough understanding of the USA PATRIOT Act.
The USA PATRIOT Act amended over 15 federal statutes, including the laws governing criminal procedure, computer fraud and abuse, foreign intelligence, wiretapping, immigration, and the laws governing the privacy of student records. These amendments expanded the authority of the FBI and law enforcement to gain access to business records, medical records, educational records and library records, including stored electronic data and communications. It also expanded the laws governing wiretaps and “trap and trace” phone devices to Internet and electronic communications. These enhanced surveillance procedures pose the greatest challenge to privacy and confidentiality in the library.
“The American Library Association (ALA) opposes any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry…ALA considers that sections of the USA PATRIOT ACT are a present danger to the constitutional rights and privacy rights of library users.”—from ALA’s Resolution on the USA PATRIOT Act (See also Resolution Reaffirming the Principles of Intellectual Freedom in the Aftermath of Terrorist Attacks.)
For the latest news on the USA Patriot Acts I and II, visit Review IFACTION Archive
ALA President Releases Statement regarding USA PATRIOT Act Senate Judiciary Committee Hearing (April 7, 2005)
"The American Library Association (ALA) is deeply concerned about statements made before the Senate Judiciary Committee by FBI Director Robert Mueller during hearings on the USA PATRIOT Act. Director Mueller informed committee members he did not know of any written laws that protect the privacy of library records, and agreed with statements made by Senator Sessions (R-AL) that the privacy of an individual's library records should not be given special protection under the law."
Key Part of Patriot Act Ruled Unconstitutional (September 29, 2004)
Civil Liberties and the USA PATRIOT Act (August 31, 2004)
USA PATRIOT Act Survey / Thomson Wadsworth Criminal Justice Survey
Safeguarding Privacy in the Fight Against Terrorism (May 18, 2004)
"The Technology and Privacy Advisory Committee (TAPAC) to the Pentagon, originally formed to provide advice on the Total Information Awareness project, has recommended new rules for government data mining projects involving personal data — rules that would protect both civil liberties and national security. TAPAC's final report was issued in March but has just become publicly available."—Benton's Communications-related Headlines for 5/18/04 AND "— The draft of a report of great importance to our personal lives as well as our nation's security has been floating around Congress and the administration for the past two months. Because "Safeguarding Privacy in the Fight Against Terrorism" is not stamped secret - and because it is intended to prevent a future body blow to our system rather than expose a past scandal - the 119-page document commissioned by the Department of Defense has not surfaced until now.—New York Times
USA PATRIOT Act Survey Results (April 28, 2004)
"Nearly all the criminal justice experts polled for the survey say the Act was passed too quickly and without adequate regard for the long-term legal repercussions of the Act's provisions. In addition, a solid majority says the Act violates the rights of individuals."
Federal judge rules part of Patriot Act unconstitutional (January 26, 2004)
A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated international terrorist organizations.
Resolving to Resist (February 17, 2004)
"The unifying work of the Patriot Act is even clearer if, rather than summarizing it as an increase in the power of the Justice Department and a corresponding decrease in the rights of persons, it is understood concretely as making the population visible and the Justice Department invisible."
In wake of declassified report, ALA renews call for legislative amendments to PATRIOT Act (September 18, 2003)
"In any case, we hope members of Congress will restore the historic protections of library records and pass one of the legislative proposals currently on the floor, such as the Freedom of Read Protection Act sponsored by Congressman Bernie Sanders (I-Vermont)," Hayden added.
Memo shows US has not used Patriot Act to seek library data (September 18, 2003)
"Emily Sheketoff, executive director of the Washington office of the American Library Association, said she was shocked by the lack of warrants, but said it showed that the power wasn't needed. "If this number is accurate, then they have demonstrated that there is no need to change the tradition of protecting library patrons' reading records," she said."
ALA President welcomes call, commitment from U.S. Attorney General to declassify some PATRIOT Act reports (September 17, 2003)
"Today, American Library Association (ALA) President Carla Hayden welcomed a telephone call from U.S. Attorney General John Ashcroft. In the call, the Attorney General expressed his concern that people have misunderstood his commitment to civil liberties and committed to declassify the Justice Department report on Section 215 of the USA PATRIOT Act."
American Library Association responds to Attorney General remarks on librarians and USA PATRIOT Act: A statement by ALA President Carla Hayden (September 15, 2003)
"The American Library Association (ALA) has worked diligently for the past two years to increase awareness of a very complicated law -– the USA PATRIOT Act –- that was pushed through the legislative process at breakneck speed in the wake of a national tragedy. Because the Department of Justice has refused our requests for information about how many libraries have been visited by law enforcement officials using these new powers, we have focused on what the law allows. The PATRIOT Act gives law enforcement unprecedented powers of surveillance – including easy access to library records with minimal judicial oversight."
Ashcroft Mocks Librarians and Others Who Oppose Parts of Counterterrorism Law (September 15, 2003)
"Attorney General John Ashcroft today accused the country's biggest library association and other critics of fueling "baseless hysteria" about the government's ability to pry into the public's reading habits."
In wake of declassified report, ALA renews call for legislative amendments to PATRIOT Act (September 18, 2003)
Memo shows US has not used Patriot Act to seek library data (September 18, 2003)
ALA President welcomes call, commitment from U.S. Attorney General to declassify some PATRIOT Act reports (September 16, 2003)
American Library Association responds to Attorney General remarks on librarians and USA PATRIOT Act: A statement by ALA President Carla Hayden (September 15, 2003)
Ashcroft Mocks Librarians and Others Who Oppose Parts of Counterterrorism Law (September 15, 2003)
A Guide to the Patriot Act (September 2003; a four-part series, this links to part 4, which links to parts 1-3)
Justice Dept. Lists Use of New Power to Fight Terror (May 21, 2003)
"In the most detailed public accounting of how it had used its expanded powers to fight terrorism, the Justice Department released information today showing that federal agents had conducted hundreds of bugging and surveillance operations and visited numerous libraries and mosques using new law enforcement tools."
Sensenbrenner/Conyers Release Justice Department Oversight Answers Regarding USA PATRIOT Act and War on Terrorism (May 20, 2003)
"House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) and Ranking Member John Conyers, Jr. (D-Mich.) today released the answers (http://www.house.gov/judiciary/patriotlet051303.pdf) received last week from the Justice Department regarding the USA PATRIOT Act and the war on terrorism. Chairman Sensenbrenner and Rep. Conyers wrote Attorney General John Ashcroft on April 1, 2003 (http://www.house.gov/judiciary/patriot040103.htm) requesting information on these issues.
Local Officials Rise Up to Defy The Patriot Act (April 20, 2003)
“ Arcata was one of the first cities to pass resolutions against global warming and a unilateral war in Iraq. Last month, it joined the rising chorus of municipalities to pass a resolution urging local law enforcement officials and others contacted by federal officials to refuse requests under the Patriot Act that they believe violate an individual's civil rights under the Constitution. Then, the city went a step further. This little city (pop.: 16,000) has become the first in the nation to pass an ordinance that outlaws voluntary compliance with the Patriot Act.”
Library commission seeks new Patriot Act regulations (April 6, 2003)
“Under the USA Patriot Act, federal agents can obtain records of library users and bookstore customers without a court-ordered search warrant. The Alameda County Library Advisory Commission wants that changed. ”
Organizations, lawmakers question proposed Patriot Act II legislation (April 3, 2003)
“Civil liberties groups and some lawmakers are voicing their concerns about a piece of legislation that was drafted in the name of the war on terrorism - and that could greatly affect the average citizen.”
Get Ready for PATRIOT II (April 2, 2003)
“The 'fog of war' obscures more than just news from the battlefield. It also provides cover for radical domestic legislation, especially ill-considered liberty-for-security swaps, which have been historically popular at the onset of major conflicts.”
Cities Say No to Federal Snooping (December 19, 2002)
“Fearing that the Patriot Act will curtail Americans' civil rights, municipalities across the country are passing resolutions to repudiate the legislation and protect their residents from a perceived abuse of authority by the federal government. ” See also The Bill of Rights Defense Committee.
Ashcroft's Shadowy Disciple (November 15, 2002)
“In covering the highly visible and contentious midterm national elections, the press, in all its manifestations, totally ignored the Bush administration's ceaseless attacks on the Bill of Rights, orchestrated by Attorney General John Ashcroft. So did the candidates, editorial writers, and commentators.”
ACLU Asks Court to Order Government to Immediately Account for its Use of Vast New Surveillance Powers (November 13, 2002)
“The American Civil Liberties Union today asked a federal court to order the Department of Justice to respond immediately to a Freedom of Information Act lawsuit seeking information on the government's use of extraordinary new surveillance powers granted to it by Congress last year. ”
Big Brother at the library (November 11, 2002)
“One year after passage of the act, the Big Brother concerns of civil libertarians appear to be hypothetical. Or are they? It's hard to say for sure, since everything is shrouded in secrecy.”
How private is your library? (November 8, 2002)
“The passage and subsequent effects of the USA Patriot Act may seem far removed from Fond du Lac County, but librarians are concerned that its impact may be potentially intrusive in individual communities.”
ABFFE Sues Justice Dept. for Data on Patriot Act Subpoenas (October 24, 2002)
“The American Booksellers Foundation for Free Expression (ABFFE), the bookseller's voice in the fight against censorship, today joined three other free expression groups in filing a lawsuit under the Freedom of Information Act (FOIA) to learn how many subpoenas have been issued to bookstores, libraries and newspapers under the U.S.A. Patriot Act. The Justice Department has not replied to an FOIA request for the information that was filed in August by ABFFE, the American Civil Liberties Union (ACLU) and the Electronic Privacy Information Center (EPIC). The American Library Association's Freedom to Read Foundation (FTRF) is the other plaintiff in the lawsuit, which was filed in U.S. District Court in Washington. ‘Revealing how many subpoenas have been issued will not threaten national security. It will tell us how often the Justice Department is using the very broad power it received in the Patriot Act to monitor First Amendment-protected activity,’ ABFFE President Chris Finan said.
In addition to the number of bookstore and libraries subpoenas, the lawsuit seeks information about how the Justice Department is employing its vastly expanded power to conduct searches and electronic surveillance. Under the Patriot Act, the FBI can obtain court orders to monitor anyone it thinks may have information relevant to a foreign intelligence investigation, including American citizens who are not suspected of engaging in criminal acts.
ABFFE, ACLU and EPIC had requested an expedited review of their FOIA request. The Justice Department granted the expedited status without indicating whether it intended to turn over the information. After waiting more than a month for the response, ABFFE and the other groups decided that they had to file a lawsuit to obtain the information. The FOIA authorizes the filing of lawsuits when government authorities refused to release information or fail to take action on requests for information.
The House Judiciary Committee originally requested this information in June as part of its effort to monitor the implementation of the Patriot Act. When the Justice Department declared that the information was "classified" and would not be turned over to the committee, Rep. F. James Sensenbrenner (R-WI), the chairman, reportedly threatened to subpoena Attorney General John Ashcroft to appear before the committee. However, recent news reports indicate that the Justice Department has supplied the committee with classified summaries of the information it was seeking. Sensenbrenner has apparently dropped his threat.”
USA Patriot Act: Librarians Keep Quiet (October 21, 2002)
“Usually librarians are the ones who tell people to keep quiet. But ever since Congress passed a series of laws aimed at helping law enforcement track down terrorists, it’s the librarians who are under orders not to talk.”
Patriot Act causes libraries to review records (October 20, 2002)
“Attached to each staff phone in the Berkeley Public Library is a dark pink laminated card advising employees on how to handle subpoenas.”
DOJ responds to House on Patriot Act (October 18, 2002)
“On October 18, 2002, the US DOJ has released in four letters to Congress the most extensive report to date on how it has used the USA Patriot Act to conduct Internet and electronic surveillance. In June, Reps. F. James Sensenbrenner and John Conyers wrote a letter to Attorney General John Ashcroft asking detailed questions about how the USA Patriot Act has been used by agents in the field. Report is at http://www.house.gov/judiciary/patriotresponses101702.pdf.”
ACLU Acts Against Patriot Act (October 17, 2002)
“The ACLU has launched a multimillion-dollar national campaign dubbed ‘Keep America Safe and Free’ to challenge the US Patriot Act. Among other plans, the group will air television spots featuring a close-up of a hand cutting up and re-writing the US Constitution as a voiceover charges Attorney General John Ashcroft with violating the First and Fourth amendments.”
University backs down on link ban (October 8, 2002)
“On Tuesday, the American Association of University Professors and nine other groups wrote a letter asking UCSD to abandon its threats of disciplinary action against the Che Cafe Collective, a move that the school had claimed was necessary because of the USA Patriot Act. The cafe had linked to a site supporting the Revolutionary Armed Forces of Colombia, which the U.S. government has designated as a terrorist group.”
The Difficult Balance Between Liberty and Security (October 6, 2002)
“In hearing these cases, the justices will inevitably face one of the most basic and profound questions for any system of justice: how to ensure that the most serious restrictions on liberty are reserved for those who pose the most serious threats to security.”
Things We Lost in the Fire (September 13, 2002)
“A man approaches a librarian to ask for help finding a text. ‘These books are no longer available,’ she replies, in a pinched, Peter Lorre-like voice. ‘May I have your name please?’ A couple of suited thugs take the library patron away.”
Overview of Changes to Legal Rights (September 9, 2002)
“* FREEDOM OF SPEECH: Government may prosecute librarians or keepers of any other records if they tell anyone that the government subpoenaed information related to a terror investigation.”
ACLU Seeks Information on Government’s Use of Vast New Surveillance Power (August 21, 2002)
“Saying that the American people have a right to know how the government is using its extraordinary new surveillance powers, the American Civil Liberties Union today filed a Freedom of Information Act request demanding that the Department of Justice provide information about the pervasiveness of domestic spying.”
Patriot Act touches nerve at BR libraries
“A new law that lets FBI agents check out the reading habits of people suspected of links to terrorists has touched a nerve with some local library officials.”
Rein in snoopware, senators say (August 2, 2002)
“If the terrorism-wary U.S. government wants to use new surveillance technologies, Americans need assurance that Big Brother won’t become a Peeping Tom, two senators warn.”
The New War on Freedom by Gore Vidal (July 18, 2002)
“Once alienated, an ‘unalienable right’ is apt to be forever lost, in which case we are no longer even remotely the last best hope of earth but merely a seedy imperial state whose citizens are kept in line by SWAT teams and whose way of death, not life, is universally imitated.”
Patriot Revolution? (July 3, 2002)
“Cities across the country have been quietly staging a revolt against the USA Patriot Act, saying it gives law enforcement too much power and threatens civil rights.”
House Questions Ashcroft on Bookstore, Library, Newspaper Subpoenas (FEN Newswire, June 25, 2002)
The House Judiciary Committee wants to know how many subpoenas the Justice Department has issued to bookstores, libraries and newspapers under a controversial provision of the USA PATRIOT Act, the American Booksellers Foundation for Free Expression reported today. The committee has also asked whether any safeguards have been adopted to prevent an abuse of the power to search these records, which was granted under Section 215 of the act. ABFFE President Chris Finan welcomed the Judiciary Committee inquiry. “Booksellers and libraries are worried that Section 215 will have a chilling effect on free speech,” Finan said. “These are the questions that we have wanted to ask.”
On June 13, Rep. F. James Sensenbrenner (R-WI), the chairman of the Judiciary Committee, and Rep. John Conyers (D-MI), the ranking Democrat on the committee, sent Attorney General John D. Ashcroft a 12-page letter seeking details about the implementation of 50 provisions of the PATRIOT Act, including Section 215. The letter asks for written answers by July 9 and indicates that hearings will follow.
Although it does not criticize the PATRIOT Act directly, the Sensenbrenner/Conyers letter seems to suggest that the Justice Department should exercise restraint in seeking subpoenas for bookstore, library and newspaper records. Section 215 gives the government far more power to search bookstore, library and newspaper records than it has ever possessed. The FBI can request a court order in a secret hearing before a special “spy” court created by the Foreign Intelligence Surveillance Act (FISA), making it impossible for anyone to oppose the request on First Amendment grounds. In addition, the FBI does not need to show a compelling need for the information; it is sufficient to prove that it is relevant to an investigation.
Without recommending them, the letter identifies two potential safeguards: “requiring supervisory approval” before the records are sought or “requiring a determination that the information is essential to an investigation and could not be obtained through any other means.”
(Bookstore, library and newspaper records are covered in Question 12.)
Breaking the Vicious Cycle: Preserving Our Liberties While Fighting Terrorism (June 22, 2002)
“This cycle of terrorist attack followed by government curtailment of civil liberties must be broken—or our society will eventually lose the key attribute that has made it great: freedom. The American people can accept the reality that the president and Congress are simply not capable of preventing terrorist attacks from occurring. Policymakers should stop pretending otherwise and focus their attention on combating terrorism within the framework of a free society.”
The Attack on Civil Liberties
“George W. Bush signed the USA PATRIOT ACT on October 26, after both the House and the Senate overwhelmingly approved most of John Ashcroft’s outline for fighting terrorism. The military tribunals and diminishment of laws that protect American’s privacy is meant to protect us. But is the legislation also terrorizing our fundamental rights?”
The Quest to Develop a Jurisprudence of Civil Liberties in Times of Security Crises
By William J. Brennan, Jr., Associate Justice, Supreme Court of the United States, December 22, 1987, Law School of Hebrew University, Jerusalem, Israel
Terrorizing the Bill of Rights
Statement of U.S. Senator Russ Feingold on the Anti-Terrorism Bill, 10/25/2001
First, brand all the children: Cyber-liberties swept away by tidal wave of security concerns
Federal Agents Without Subpoenas Asking Firms for Records
Free Expression After September 11th — An Online Index
The USA-PATRIOT ACT: Congress and White House Say Goodbye to the Bill of Rights
Upsetting Checks and Balances: Congressional Hostility Toward the Courts in Times of Crisis
Links to non-ALA sites have been provided because these sites may have information of interest. Neither the American Library Association nor the Office for Intellectual Freedom necessarily endorses the views expressed or the facts presented on these sites; and furthermore, ALA and OIF do not endorse any commercial products that may be advertised or available on these sites.