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Senate Passes Patriot Act Reauthorization

Minutes before adjourning for its month-long recess July 29, the Senate unanimously passed a USA Patriot Act reauthorization bill (S. 1389) that would make permanent 14 of the 16 provisions set to expire at the end of the year, extend Sections 215 and 206 through 2009, and provide stricter standards for seeking library and bookstore records, the New York Times reported July 30.

The Senate bill, which was approved by unanimous consent without debate, amendments, or roll-call vote, will have to be reconciled with the House version, passed a week earlier, when Congress resumes in September.

In an August 1 press release, the Campaign for Reader Privacy—a joint initiative of the American Library Association, the American Booksellers Association, the Association of American Publishers, and the PEN American Center—praised the improved reader-privacy protections of the Senate’s version of the bill. The CRP pointed out the bill’s various strengths:

  • It would limit searches to records that pertain to suspected terrorists or spies and those who are in contact with them.
  • A shorter sunset on Section 215 would ensure more oversight by Congress.
  • Those receiving Section 215 orders could consult an attorney and challenge the order in court.
  • The FBI director or deputy director would have to give written approval before an agent could obtain library or bookstore records.
  • The Justice Department would be required to report annually the number of library and bookstore searches conducted under Section 215.

Other civil liberties organizations offered mixed praise for the Senate bill: “We think this is a positive step and puts in place significant restrictions over the current law,” said Timothy Edgar, legislative counsel for the American Civil Liberties Union. “It doesn’t fully safeguard constitutional freedoms, but it’s a significant improvement.”

Posted August 5, 2005.

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