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Bill Introduced in Senate Exempting Libraries from Patriot Act Provisions

Sen. Barbara Boxer (D-Calif.) introduced legislation May 23 that would ensure that libraries and bookstores are subject only to the regular system of court-ordered warrants regarding foreign-intelligence investigations.

In regard to Section 215 of the USA Patriot Act, the Library and Bookseller Protection Act (S. 1158) is essentially the same as the bill introduced in the House by Rep. Bernie Sanders (I-Vt.) March 6, said Patrice McDermott of the American Library Association’s Washington Office. Both bills exempt libraries and bookstores from Foreign Intelligence Security Act court orders requiring the production of such “tangible things” as computer sign-up sheets for foreign-intelligence investigations. Unlike the House bill, it exempts libraries from being considered “wire or electronic communication service providers” under Section 2709 of Title 18 of the US Code, which provides for counterintelligence access to certain records. However, it lacks the House bill’s oversight provisions, explained McDermott.

The bill has been referred to the Senate Judiciary Committee. There are currently no cosponsors, and the Washington Office encourages library advocates to urge their senators to join onto the bill.

Posted June 2, 2003.

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